IMPACT – MEDIUM

The Australian government recently announced plans to welcome 160,000 permanent migrants in the 2022-23 fiscal year.

Key Points:

  • Under current plans, the 160,000 places will be allocated as follows:
    • Skilled (109,900 places). This stream is designed to improve the economy and reduce skill shortages in the Australian labor market.
    • Family (50,000 places). This stream consists of mainly Partner visas, helping Australians to reunite with family members and provide them with pathways to citizenship.
    • Special Eligibility (100 places). This stream covers visas for those in special circumstances, including permanent residents returning to Australia after time spent in another country.
  • Australian authorities can redistribute places between Skill stream visa categories on an ongoing basis to respond to changing economic conditions as they occur.

Additional Information: A complete breakdown of the Migration Program planning levels announced as part of the 2021-22 and 2022-23 budgets is available here.

BAL Analysis: ​​The government said the 2022-23 migration plan was “designed to boost Australia’s economic recovery and drive social cohesion outcomes in the post-pandemic environment.” Compared to the 2021-22 plan, Australian authorities increased the total number of places for Skilled visa categories by 30,000.

This alert has been provided by Berry Appleman & Leiden. 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.

 IMPACT – MEDIUM

The Australian government increased the mandatory superannuation payment percentage for employees from 10% to 10.5% on July 1.

Key Points:

  • An increase in the superannuation payment may cause a decrease in annual take-home earnings for many employees.
  • When sponsoring Subclass 457 or 482 visa holders, sponsors specify the “base” remuneration the visa holder will receive in the nomination. This “base” remuneration figure is exclusive of superannuation.
  • Some organizations may wish to deduct the increased superannuation amount from the total earnings of employees; however, this may result in a breach of the sponsorship obligations with regard to sponsored visa holders.
  • Sponsors should be cautious not to reduce the “base” remuneration of the sponsored visa holder below the level stipulated in the nomination in response to the increase in superannuation payable by the employer.

BAL Analysis: A drop in an employees’ annual earnings from an approved 457 or 482 nomination means that a business may be breaking its sponsorship obligations required by law. This kind of breach in obligation has the potential to affect a business’ ability to sponsor foreign nationals in the future, and responsible parties may face financial and/or criminal penalties. Sponsors should ensure that any change to superannuation does not decrease the payments to sponsored visa holders below the level stipulated in the nomination. If unsure, sponsors are encouraged to consult their immigration provider before lowering annual earnings.

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.

IMPACT – MEDIUM

The Australian government has relaxed its COVID-19 entry requirements for all travelers.

Key Points:

  • As of July 6, individuals who are entering Australia no longer need to show their COVID-19 vaccination status or complete the Digital Passenger Declaration or Maritime Travel Declaration.
  • Travelers who hold a valid visa no longer need a travel exemption to enter Australia; the Travel Exemptions Portal has been closed.
  • Those who are leaving Australia no longer have to show their COVID-19 vaccination status.
  • More information regarding Australia’s COVID-19 entry requirements is available here.

BAL Analysis: Before the July 6 change, visa holders who were not fully vaccinated were required to have a travel exemption, and all travelers were required to show their COVID-19 vaccination status to enter the country. Australian authorities have relaxed their COVID-19 entry requirements to ease the burden of travel to and from the country as the virus situation improves.

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.

IMPACT – MEDIUM

The Australian government has increased its filing fees for most visa applications.

Key Points:

  • As of July 1, filing fees for most visas increased by up to three percent, including for:
    • Subclass 186 – Employer Nomination Scheme visas, from 4,115 AUD to 4,240 AUD for primary applicants; from 2,060 AUD to 2,120 AUD for adult dependents; and from 1,030 AUD to 1,060 AUD for children.
    • Subclass 400 – Temporary Work, Short Stay Specialists visas, from 315 AUD to 325 AUD.
    • Subclass 482 – Temporary Skills Shortage visas (Short Term Stream), from 1,290 AUD to 1,330 AUD for adult applicants; and from 325 AUD to 335 AUD for children.
    • Subclass 482 – Temporary Skills Shortage visas (Medium Term Stream), from 2,690 AUD to 2,770 AUD, and from 675 AUD to 695 AUD for children.
  • A complete list of fee changes is available in the Australian Federal Register here.

Additional Information: Processing times for work and residence permit applications have increased throughout 2022. Individuals can check this website on current processing time estimates.

BAL Analysis: Employers should take the new filing fees into account and adjust budgets if necessary.

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 announced that it will replace its employment service tool in July.

Key Points:

  • Beginning July 4, Workforce Australia Online will replace JobActive as Australia’s official job advertisement service.
  • Employers who need to advertise positions to meet labor market testing requirements will be required advertise positions through Workforce Australia Online as of July 4.
  • Individuals will not be access their account with JobActive or Workforce Australia from June 30 until July 4.

Additional Information: Employers will be required to advertise a position on Workforce Australia site and at least two other recruitment websites to satisfy labor market testing requirements. More information regarding Workforce Australia is available here.

BAL Analysis: Employers should note the July 4 implementation date of Workforce Australia and be aware of the scheduled downtime form June 30 until July 4.

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 expanded access to the Temporary Residency Transition (TRT) visa for certain Temporary Skill Shortage (TSS) visa holders.

Key Points:

  • Beginning July 1, Temporary Skill Shortage (TSS) Subclass 482 visa holders who are currently on the short-term stream will be able to apply for permanent residency through the subclass 186 TRT visa. To be eligible, individuals must:
    • Hold a valid subclass 482 visa (Short-term stream) as the primary visa holder in the sponsored occupation of the sponsoring employer or a valid Bridging visa.
    • Have lived in Australia for at least 12 months between Feb. 1, 2020, and Dec. 14, 2021.
    • Have worked full time in the sponsored occupation for three years in the preceding four-year period.
  • Foreign nationals who have held a Subclass 482 Short Term Skilled Occupation List (STSOL) visa since before July 1, 2019, can apply for the TRT visa beginning July 1.

Additional Information: Individuals applying for the subclass 186 TRT visa must meet other related requirements, including requirements related to language skills, character, age and health status.

BAL Analysis: The Australian government will offer the new but limited permanent residency pathway for some subclass 482 visa holders who stayed in Australia through the COVID-19 pandemic or for those who obtained a subclass 482 visa through the short-term stream. Foreign nationals who may be eligible for the TRT visa should consult their BAL professional.

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 announced that it will replace its job advertisement service in July.

Key Points:

  • Beginning July 1, Workforce Australia Online will replace JobActive as Australia’s official job advertisement service.
  • Employers who need to advertise positions to meet labor market testing requirements will be required advertise positions through Workforce Australia Online.
  • Australian authorities are expected to provide legislation on advertisement requirements with respect to the new job advertisement platform in the near future.

Additional Information: Currently, employers are required to advertise a position on the JobActive website and at least two other recruitment websites to satisfy labor market testing requirements.

BAL Analysis: Employers who are conducting labor market tests from now until July 2022 should ensure they monitor legislative changes. Failure to satisfy labor market testing requirements may result in an application denial.

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.

IMPACT – MEDIUM

The Australian government has replaced its travel declaration form and will ease its COVID-19 entry requirements.

Key Points:

  • Australian authorities have replaced the Australia Travel Declaration with the Digital Passenger Declaration (DPD).
  • Air travelers entering Australia should start completing the DPD within seven days before intended travel and must submit it within 72 hours before departure.
  • To complete the DPD, travelers must provide contact information, including an Australian phone number and make legally binding declarations regarding their vaccination status, previous 14-day travel history, and understanding of Australia’s quarantine and testing protocols.
  • Beginning April 18, fully vaccinated travelers will not have to provide pre-departure COVID-19 testing results to enter the country.

Additional Information: Travelers can complete the DPD by downloading the application or by submitting the DPD online form. State and territory entry requirements, including vaccination and pre-departure testing requirements, may differ from Australian federal government requirements. A full list of documents needed before traveling to Australia is available here for vaccinated travelers and here for those who are not fully vaccinated.

BAL Analysis: Travelers should check entry requirements before planning travel to Australia. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information 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.

IMPACT – MEDIUM

The Australian government has expanded access to the Subclass 186 Temporary Residency Transition (TRT) visa for two groups of visa holders.

Key Points:

  • Specified 457 visa holders. Individuals who held or applied for a subclass 457 visa (if it was later approved) on or before April 18, 2017, are eligible for the TRT visa if they:
    • Hold a valid 482 visa (Short-term stream) or Bridging visa.
    • Currently work for their sponsoring employer in the sponsored occupation.
    • Have worked or will have worked full time in their sponsored occupation while on the 457 or 482 visa for two years in the preceding three-year period.
  • Specified Person – Subclass 482 Temporary Skill Shortage visa holders. Beginning July 1, Temporary Skill Shortage visa holders who are currently on the Short-Term stream will be able to apply for permanent residency under the subclass 186 TRT visa. To be eligible, individuals must:
    • Hold a valid subclass 482 visa (Short-term stream) as the primary visa holder in the sponsored occupation of the sponsoring employer or a valid Bridging visa.
    • Have lived in Australia for at least 12 months between Feb. 1, 2020, and Dec. 14, 2021.
    • Have worked or will have worked full time in the sponsored occupation for three years in the preceding four-year period.

Additional Information: Individuals applying for the subclass 186 TRT visa must meet other related requirements, including requirements related to language skills, character, age and health status.

BAL Analysis: The Australian government has created new but limited pathways for some subclass 482 visa holders who stayed in Australia through the pandemic or those who obtained a subclass 482 visa through the Short-term stream from July 1. Currently, many individuals are not eligible for the TRT visa, including those who applied for a subclass 408 or other non-482 visas.

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 announced that it will amend portions of Subclass 476, 407 or 408 visas.

Key Points:

  • Skilled-Recognized Graduate – Subclass 476. Subclass 476 visa holders who could not travel or stay in Australia because of COVID-19 entry restrictions will be able to receive a 24-month visa extension. The 24-month extension accounts for the normal validity of a Subclass 476 visa plus an additional six months of validity to live, work or study in the country.
    • The Subclass 476 visa extension is expected to take effect in April 2022 until April 2024 and will apply to those whose visa expired and were not able to use their visa due to COVID-19 entry restrictions.
  • Training Visa – Subclass 407. Subclass 407 workers can continue to work additional hours in critical sectors. Additionally, Subclass 407 visa holders of all sectors, including noncritical sectors, can now work additional hours.
  • COVID-19 Pandemic Event – Subclass 408. If implemented, temporary visa holders will be able to apply for a Subclass 408 visa up to 90 days before their current visa’s expiration. Such individuals will then be able to stay and work in Australia for an additional six months in any sector.

Additional Information: To be eligible for the Subclass 408 visa amendment, individuals must have applied for the visa on or after Feb. 21 and held a temporary visa and lived in Australia on or before Feb. 21. Temporary visa holders who arrived in Australia after Feb. 21 must have a job offer in the aged care service sector at the time of the application

BAL Analysis: Travelers should check entry requirements before planning travel to Australia. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information 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.