IMPACT – MEDIUM

The Australian government has updated the priority categories for processing permanent, skilled and temporary work visas. Applications will be processed in the Employer Sponsored Temporary Work and Permanent or Provisional Skilled Migration categories as follows.

Employer Sponsored Temporary Work – Subclass 482

  • Priority Skilled Migration Occupation List (PMSOL) occupations; Global Talent Employer Sponsored Agreement; Global Talent Program; and Agricultural Sector occupations.
  • Other critical sectors.
  • Roles being undertaken in regional areas of Australia.
  • Employees who are employed by an Accredited Sponsor.
  • Employees who are employed under a Designated Area Migration Agreement or Labor Agreement.
  • All other applications.

Permanent or Provisional Skilled Migration

  • 186 (Employer Sponsored Skilled Migration visa, PSMOL/Agricultural Sector occupations and Global Talent Employer Sponsored) visas.
  • 188 (Significant Invest Stream) visas.
  • 187 (Regional Skilled Migration Scheme, PSMOL/Agricultural Sector occupations and Global Talent Employer Sponsored) visas.
  • 186/187/494 (Critical sector) visas.
  • 186/187 (Labor Agreement or Designated Area Migration Agreement) visas.
  • 494 (Employer Sponsored Regional Provisional) visas.
  • 491 (Skilled Work Regional Provisional) visas.
  • 186/187 (all remaining applications) visas.
  • 489 (Skilled – Regional (Provisional) visas.
  • 190 (Skilled – Nominated) visas.
  • 190 (Skilled – Independent) visas.
  • All other applications.

Additional Information: The updated categories give the highest priority to Hong Kong or British national passport holders. More information regarding skilled visa priority processing can be found here.

BAL Analysis: The priority processing lists are complex but the changes made to them do not substantially change 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 © 2021 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 recently restricted its citizens who are residents of another country from leaving Australian territory unless they obtain a border force exemption.

Key Points:

  • Beginning Aug. 11, Australian citizens who are residents of other countries will not be allowed to leave the country unless they have a border force exemption.
  • Australian citizens will be required to demonstrate a compelling reason for needing to leave Australian territory to the Border Force Commissioner.
  • Individuals can apply for a travel exemption through the Travel Exemption portal. Most travel exemption requests will be completed within seven days.
  • More information on current COVID-19-related travel restrictions can be found here.

Additional Information: Temporary visa holders may leave at any time but will not be permitted to return unless they apply for an inwards exemption prior to departure. Citizens, including dual citizens, and permanent residents must apply for an exemption to depart and qualify under one of the defined categories. Additionally, Australia continues to enforce a 50% reduction on incoming travel. More information regarding travel reductions can be found here.

BAL Analysis: 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 © 2021 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 reduced incoming international travelers by 50%.

Key Points:

  • On July 14, the new cap limits on inbound passengers decreased from 6,070 to 3,035 internationals arrivals per week.
  • Each airport has the following inbound passenger cap per week:
    • Adelaide – 265 passengers.
    • Brisbane – 500 passengers plus an additional 150 surge capacity.
    • Melbourne – 500 passengers.
    • Perth – 265 passengers.
    • Sydney – 1,505 passengers.
  • All travelers should plan to arrive in the capital city of the state in which they intend to spend the majority of their time. Arriving in a different state other than the final destination may result in extended quarantine requirements.

Additional Information: Australia is unlikely to increase incoming passenger arrivals back to their original level until early 2022. Additional repatriation flights, which are not counted in the arrival cap, will be offered to Australian citizens wanting to return home.

The country plans to start its second step of reopening once the minimum vaccination threshold is met. A pilot program will be introduced for returning vaccinated travelers, requiring a 7-day, home quarantine instead of a 14-day, hotel quarantine.

BAL Analysis: Australian citizens, permanent residents and temporary visa holders already in Australia should consider carefully whether they must travel overseas, especially in light of the new arrival caps. Skilled workers intending to enter Australia for critical work activities may face increased difficultly proving the urgent nature of their work. 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 Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

IMPACT – MEDIUM

The Australian government recently announced that it is adding 22 occupations to the Priority Migration Skilled Occupation List (PMSOL).

Key Points:

  • The PMSOL list now includes a number of accounting, engineering and IT professions that were not previously on the list, including:
    • Accountant (General) (221111)
    • Accountant (Taxation) (221113)
    • Accountant (Management) (221112)
    • External Auditor (221213)
    • Internal Auditor (221214)
    • Electrical Engineer (233311)
    • Civil Engineer (233211)
    • Structural Engineer (233214)
    • Geotechnical Engineer (233212)
    • Transport Engineer (233215)
    • Mining Engineer (233611)
    • Petroleum Engineer (233612)
    • Surveyor (232212)
    • Cartographer (232213)
    • Other Spatial Scientist (232214)
    • Medical Laboratory Scientist (234611)
    • Orthotist / Prosthetist (251912)
    • Multimedia Specialist (261211)
    • Analyst Programmer (261311)
    • Software and Applications Programmers (261399)
    • ICT Security Specialist (262112)
    • Chef (351311)
  • The entire occupations list, including the recent additions, can be found here.
  • Employer sponsored nominations and visa applications from the PMSOL are given priority processing. This includes the following visa types:
    • Temporary Skill Shortage visa.
    • Skilled Employer Sponsored Regional visa.
    • Employer Nomination Scheme visa.
    • Regional Sponsored Migration Scheme visa.
  • Other skilled migration occupation lists will remain in effect and visas will be processed accordingly; however, priority will be given to PMSOL occupations.

Additional Information: The PMSOL consists of 41 occupations that fill critical needs to support the recovery of the Australian economy. The PMSOL was first announced in Sept. 2020, and was developed based on expert advice from the National Skills Commission and Commonwealth departments.

Foreign nationals sponsored under the PMSOL are eligible for a COVID-19 travel exemption but will be subject to quarantine requirements at their own expense upon arrival.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

AUSTRALIA (June 30, 2021) – COVID-19: State borders closed, entry requirements updated

IMPACT – MEDIUM

Australian states have recently imposed their own internal entry restrictions and quarantine policies in order to slow the spread of COVID-19 variants.

Key Points:

  • Travelers should plan to arrive in the capital city of the state in which they intend to spend the most time.
  • Travelers arriving in a state other than their final destination may have to undergo a two-week quarantine upon entering the country and then an additional two-week quarantine once they travel to their final destination state.
  • More information on entry requirements and quarantine policies for each state is found here.

BAL Analysis: Each state has their own entry requirements, and conditions may change with little to no notice. Travelers are encouraged to plan travel carefully and arrive in the state in which they will spend the most time. 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 Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

Mandatory superannuation payments for employees will increase from 9.5% to 10% on July 1. The payment increase has the potential to breach employer payment obligations for sponsoring foreign nationals.

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 approach 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 Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@balglobal.com.  

Copyright © 2021 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@balglobal.com. 

The Australian government has announced that on May 15 it will lift a ban barring its citizens from returning to the country from India.

Key Points:

  • The Australian government will charter three repatriation flights from May 15 to May 31 for Australian citizens located in India, prioritizing an estimated 900 people deemed most vulnerable.
  • Prospective travelers will need to present a negative PCR test and undergo a 14-day hotel quarantine upon arrival.
  • Australian Prime Minister Scott Morrison said officials are not likely to resume direct commercial flights from India in the near term.

Analysis & Comments: The travel ban from India to Australia still remains in effect and continues to complicate travel between the two countries. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

Australia will soon require passengers traveling to the country to provide proof of a negative COVID-19 test.

Key Points:

  • Beginning Jan. 22, local time in the place of departure, travelers will be required to show that they have tested negative for COVID-19 in the 72 hours before their scheduled time of departure.
  • The test must be a polymerase chain reaction (PCR) test, and the result must be provided by a laboratory. The results must be in English, and must include the following information:
    • The traveler’s name and date of birth.
    • The test result (e.g., “negative” or “not detected”)
    • The method of test conducted, i.e., a PCR test.
    • The date the specimen was collected.
    • The date the test result was authorized and the name of the authorizing officer.
    • The name and address of the laboratory, clinic or facility that administered the test.
    • The accreditation body that the laboratory is affiliated with, if it is known.
  • Even with a negative COVID-19 test, travelers will be required to quarantine for 14 days upon arrival in Australia.
  • Those traveling to Australia from New Zealand on a “green zone” flight will not be required to provide a negative COVID-19 test.
  • Children who are four years old or younger do not have to take a test. Travelers with medical conditions may be considered for an exemption; this will be determined by the Australian Government.
  • Additional information on the testing requirement and other travel protocols is available in this Department of Health FAQ.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide more information as it becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in Australia or other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The Australian Government has announced exemptions to COVID-19 entry rules and is preparing to implement new Labor Market Testing rules.

Key Points:

Priority Migration Skilled Occupation List (PMSOL)

  • The Department of Home Affairs has announced a new Priority Migration Skilled Occupation List (PMSOL), which will provide visa holders nominated in 17 select occupations an exemption to the current travel ban into Australia. The department will priority process TSS visa applications in these nominated occupations over other applications. The new PMSOL will allow workers to travel to Australia to fill urgent skills needs in critical sectors, providing additional support to the health industry and aiding Australia’s economic recovery.The occupations on the PMSOL are in health care, construction and the IT sectors and include:
    • Chief Executive or Managing Director (111111)
    • Construction Project Manager (133111)
    • Mechanical Engineer (233512)
    • General Practitioner (253111)
    • Resident Medical Officer (253112)
    • Psychiatrist (253411)
    • Medical Practitioner nec (253999)
    • Midwife (254111)
    • Registered Nurse (Aged Care) (254412)
    • Registered Nurse (Critical Care and Emergency) (254415)
    • Registered Nurse (Medical) (254418)
    • Registered Nurse (Mental Health) (254422)
    • Registered Nurse (Perioperative) (254423)
    • Registered Nurses nec (254499)
    • Developer Programmer (261312)
    • Software Engineer (261313)
    • Maintenance Planner (312911).
  • Officials have not yet indicated whether family members will be included in the travel exemption. Individuals granted the travel exemption will still be required to undergo 14 days mandatory quarantine in a designated facility at their own expense.
  • The introduction of the PMSOL is a positive sign for employers who have a genuine need for TSS visa holders to enter Australia. It is likely that the department will continue to use the PSMOL as a means to facilitate entry into Australia, balancing the need to ensure individuals in critical sectors are able to support Australia’s economic recovery without impacting Australia’s labor market.

Individual travel exemptions

  • The Commissioner of the Australian Border Force may also grant individual travel exemptions to:
    • non-citizens travelling at the invitation of the Australian Government or a state or territory government authority for the purpose of assisting in the COVID-19 response;
    • those providing critical or specialist medical services, including air ambulance services, medical evacuations and delivery of critical medical supplies;
    • non-citizens with critical skills or working in a critical sector in Australia;
    • non-citizens whose entry would otherwise be in the national interest, supported by the Australian Government or a state or territory government authority;
    • military personnel, including those who form part of the Status of Forces Agreement, Commonwealth Armed Forces, Asia Pacific Forces and Status of Armed Forces Agreement; or
    • those travelling for compassionate and compelling reasons.

Labor Market Testing

  • Effective Oct. 1, new advertising requirements for labor market testing will apply to all nomination applications for subclass 457 Temporary Work, Subclass 482 Temporary Shortage and Subclass 494 Skilled Employer Sponsored Regional (Provisional) visas. In addition to meeting the current labor market testing requirement of providing evidence of two advertisements in one or more of the specified mediums, sponsors will need to advertise the role on the Government’s Jobactive website, which is a free online jobs website. Employers will need to show evidence that the role has been advertised on the Jobactive website for 28 days.
  • Employers should review applications and proceed with lodging nomination applications prior to Oct. 1 where current labor market testing requirements can be met. Where an application cannot be lodged before Oct. 1, employers will need to advertise the role on the Jobactive website as soon as possible. These changes do not apply where an exemption to labor market testing can be accessed for the nominated position.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The Department of Home Affairs has streamlined the application process for travel ban exemption requests and provided further clarity regarding what are considered critical skills.

Key Points:

  • The new COVID-19 travel exemption portal supports streamlined business processes and allows applicants to check on the status of their application and prioritization by travel date.
  • Individuals and companies may now apply for a travel exemption prior to applying for or obtaining a visa. All travel exemptions requests should be lodged at least four weeks, but not more than three months, before planned travel.
  • Further clarity has been provided regarding what are considered critical skills, and travel exemption requests may be granted if an applicant is a non-citizen:
  • Traveling at the invitation of the Australian Government or a state or territory government authority to assist in the COVID-19 response.
  • Providing critical or specialist medical services, including air ambulance, medical evacuations and delivering critical medical supplies.
  • Providing critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agricultural technology, food production, and the maritime industry). This list is not exhaustive.
  • Delivering services in sectors critical to Australia’s economic recovery (such as financial technology, large-scale manufacturing, film and television production and emerging technology), where no Australian worker is available.
  • Whose entry would otherwise be in Australia’s national interest, supported by the Australian Government or a state or territory government authority.

Analysis & Comments: Businesses are advised to consult with Deloitte regarding whether an individual has skills that would be considered critical for the purpose of obtaining a travel exemption approval or a visa and travel exemption approval to enter Australia. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.