IMPACT — MEDIUM

The Australian government has announced that it plans to amend and expand the Temporary Residence Transition stream of the Employee Nomination Scheme by the end of 2023.

Key Points:

  • All Temporary Skill Shortage visa holders will be eligible for ENS visas.
  • TSS visa holders will be required to continue to work in the occupation nominated for their TSS visa(s).
  • Sponsored foreign nationals who hold a valid visa will be eligible for the ENS TRT stream after two years of employment instead of three years.
  • Australian authorities will remove the limits on Short-term TSS visa applications that can be made onshore.

Additional Information: Applicants will need to meet all other nomination and visa requirements for the TRT stream of the ENS visa.

BAL Analysis: The Australian government plans to amend and expand the TRT stream to attract more highly skilled foreign nationals to live and work in the country. Authorities may provide more information regarding further changes to the ENS in the coming months.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government announced that it will increase the Temporary Skilled Migration Income Threshold in July.

Key Points:

  • Beginning July 1, the TSMIT will increase to 70,000 AUD (about US$46,500) from 53,900 AUD.
  • Changes to the TSMIT have been paused for the past 10 years; the 70,000 AUD is consistent with where the threshold would be had the figure been indexed over the last decade.
  • Authorities have yet to provide information on how the TSMIT increase will effect existing Sc 482 visa holders.

Additional Information: Australian authorities plan to create a pathway to permanent residency within their existing capped permanent program for Temporary Skill Shortage short-stream visa holders. More information regarding changes to the TSMIT is available here.

BAL Analysis: The TSMIT determines which positions are eligible for sponsorship in Australia. Employers must demonstrate to immigration authorities that the market salary rate for the proposed role is above the TSMIT in order for the position to be eligible for nomination.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government has expanded the availability of Skilled Work Regional visas (subclass 491) to Melbourne applicants.

Key Points:

  • Foreign nationals living or working in metropolitan Melbourne can now submit a Registration of Interest for the Skilled Work Regional visa nomination.
  • To be eligible, foreign nationals must have lived, worked or studied in Victoria for at least three years before they can submit an ROI.
  • Previously, Melbourne residents were not allowed to apply for the Skilled Work Regional visa in Victoria.

Additional Information: Individuals who submitted an ROI for a subclass 190 visa and have not been selected can withdraw their existing ROI and submit a new ROI for the Skilled Work Regional visa. More information regarding the Skilled Work Regional visa is available here.

BAL Analysis: Australian authorities expanded the availability of the Skilled Work Regional visa to allow those living in Melbourne to apply for it. Interested applicants should review the application instructions and eligibility requirements before submitting an ROI. Successful applicants are reminded that they would be required to relocate to the Victoria region.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government has made the Temporary Activity visa available to foreign nationals traveling for the 2023 FIFA Women’s World Cup.

Key Points:

  • Foreign nationals can now apply for the Temporary Activity visa (subclass 408) to travel to and from Australia for the 2023 FIFA Women’s World Cup.
  • To apply for the Temporary Activity visa, applicants must submit an application online and have a letter of endorsement from an approved organization. More information on eligibility requirements is available here.
  • Foreign nationals cannot conduct business activities in Australia on the Temporary Activity visa unless it is relevant to business specified in the visa application.
  • Temporary Activity visa applications must be submitted online through this website.
  • World Cup spectators transiting through Australia on their way to or from another country may need a transit visa for Australia.

Additional Information: Individuals traveling to New Zealand during the World Cup must have a New Zealand visitor visa. More information is available on our key updates on our article “Spectators encouraged to apply for visa for FIFA Women’s World Cup“.

Individuals traveling to Australia during the World Cup may need an Australian visa or Electronic Travel Authority in addition to a New Zealand visitor visa. More information is available here.

BAL Analysis: Foreign nationals planning on traveling to Australia for the 2023 FIFA Women’s World Cup should apply for visitor visas as soon as possible to ensure they receive their visa by July. Travelers who do not hold a Temporary Activity visa or another valid visa will not be allowed to enter the country for the World Cup.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright ©2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government eased requirements for submitting skills assessments for the General Skilled Migration visa.

Key Points:

  • Australian authorities will now accept skills assessments obtained within 60 days of receiving an invitation for a GSM visa.
  • Previously, Australian authorities required applicants to have their skills assessments completed before submitting an Expression of Interest for a GSM visa; as a result, many applicants were not able to complete their applications before receiving an invitation, resulting in a denial.

Additional Information: Applicants are reminded that skills assessments must be completed by a recognized authority relevant to their intended occupation. More information regarding skills assessments is available here.

BAL Analysis: The Australian government eased the skills assessments requirements to increase flexibility during the applications process. The new policy allows applicants to complete their skills assessment after receiving an invitation, giving them additional time to complete their GSM visa application.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government announced that it will increase the duration of stay for some university graduates.

Key Points:

  • Beginning July 1, Temporary Graduate visa holders who meet eligibility requirements will be granted an extra two years of post-study work rights.
  • A full list of occupations and eligibility requirements that a Temporary Graduate visa holder must have to qualify for the two-year extension is available here.
  • Graduates whose visa expires before July 1 can apply for an extension of their work rights through this website.

Additional Information: Australian authorities will also allow international students to work up to 48 hours (up from 40 hours) per two weeks beginning July 1. More information is available on the international student working hour cap factsheet.

BAL Analysis: The Australian government will be extending the duration of stay for qualifying Temporary Graduate visa holders to address labor shortages in important industries and retain top foreign talent.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government announced that it will grant permanent visas to refugees who hold a temporary protection visa or safe haven enterprise visa.

Key Points:

  • Refugees on TPVs or SHEVs and arrived in Australia before Feb. 14, 2023, can now apply for permanent visas to live and work in Australia.
  • Refugees whose temporary visas have been canceled or refused will not be eligible to apply for permanent visas and will be asked to “depart Australia voluntarily.”
  • Refugees who traveled to Australia by boat after Jan. 1, 2014 are not permitted to apply for permanent visas.
  • More information regarding eligibly requirements and application instructions is available here.

BAL Analysis: The government’s recent decision to grant visas to refugees is a significant milestone in Australia’s immigration policies; over 19,000 refugees in Australia are now able to apply for permanent visas to live and work in the country.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government temporarily closed the New Zealand stream visa (subclass 189) to new applications.

Key Points:

  • New Zealand nationals can no longer submit applications for the New Zealand stream visa until at least July 1, 2023.
  • Australian authorities will continue to process New Zealand stream visa applications that were submitted before Dec. 10, 2022.
  • For applications submitted before Dec. 10, 2022, Australian authorities no longer require individuals to:
    • Be a resident in Australia for a continuous period of at least five years immediately before the application’s submission date, and that residence began prior to Feb. 19, 2016.
    • Meet the taxable income threshold in relation to three income years within five years immediately before the application’s submission date.
    • Satisfy Public Interest Criterion 4007 relating to health.

Additional Information: More information regarding the temporary closure the of the New Zealand stream visa is available here.

BAL Analysis: The Australian government temporarily closed the New Zealand stream visa to new applications as it evaluated future immigration options for New Zealand nationals in Australia. Certain requirements for the stream were removed to streamline visa processing for those who submitted applications before the Dec. 10, 2022, cutoff.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The Australian government recently released the order in which it will process different visa application types. Skilled visa applications will be prioritized as follows:

  • For healthcare and teaching occupations.
  • For employer-sponsored visas — visa applications where the applicant is nominated by an approved sponsor with Accredited Status.
  • For an occupation to be carried out in a designated regional area.
  • For permanent and provisional visa subclasses — visa applications that count toward the migration program, excluding Subclass 188 (Business Innovation and Investment, Provisional) visa.

Additional Information: For the aforementioned visa categories, priority is given to those who hold eligible passports. Regarding provisional and permanent skilled visa applications, authorities give priority to visa applications for primary applicants located outside Australia when the visa application is submitted. Skilled visa applications not included in the list above are being processed in order of their submission date.

More information regarding the prioritization of skilled visa applications, including lists of specific visa categories, is available here. Application processing times are available on this website.

BAL Analysis: The priority processing lists are complex, but these modifications do not substantially alter last year’s lists. Processing times are not expected to change substantially. BAL continues to monitor changes in priority processing categories and will provide additional information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Australian government has exempted most temporary visa applicants from certain application requirements.

Key Points:

  • As of Oct. 18, temporary visa applicants are not required to complete a medical examination or have chest x-rays taken based on their nationality, previous residence or proposed length of stay.
  • Temporary visa applicants are still required to compete the medical examination and take chest x-rays if they have applied for a medical treatment, temporary protection or a provisional visa, are pregnant and intending to have the baby in Australia or are over the age of 75 (if applying for a visitor visa), among other reasons.
  • This temporary measure is applicable to all pending and new temporary visa applications submitted in Australia.

Additional Information: Australian authorities will not refund those who have already completed the medical examination and chest x-rays. More information regarding Australia’s health requirements for visa applicants is available here.

BAL Analysis: Australian authorities exempted most temporary visa applicants from the medical examination and x-ray requirements to streamline entry processes and reduce application processing times. Authorities will decide whether to extend the temporary exemption in early 2023.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.