In an era of dynamic changes to immigration laws, it's crucial to stay informed about the latest developments that could impact both employers and skilled workers. We've synthesised pivotal information to provide clarity and insight into the imminent modifications to Australia's immigration framework.
Key Changes to Australia's Immigration Laws
1. Temporary Skilled Migration Income Threshold (TSMIT) Adjustment
Commencing 1 July 2023, the Temporary Skilled Migration Income Threshold (TSMIT) increased from $53,900 to $70,000. Consequently, employers seeking to sponsor overseas workers must now offer an annual salary of at least $70,000 plus superannuation, to prospective candidates.
2. Potential Abolition of Labour Market Testing (LMT)
Labor Market Testing (LMT), which necessitates employers to locally advertise jobs even in the presence of skill shortages, is currently under review. Any potential changes to LMT are pending finalisation within the ongoing Australia Immigration System review, though the Minister did state earlier this year at the National Press Club that it was set to be abolished.
3. Enhanced Pathways to Permanent Residency for TSS Visa Holders
By the close of 2023, all Temporary Skill Shortage (subclass 482) visa holders will gain access to a pathway towards permanent residency. This strategic move by the Australian government aims to provide more certainty for both employers and migrants, augmenting skill levels within the permanent skilled migration program.
4. Streamlined Citizenship Eligibility for New Zealand Citizens
Another change came in on 1 July 2023, with New Zealand citizens residing in Australia for over four years directly qualifying to apply for Australian citizenship. This progressive alteration obviates the need for a preceding application for a permanent visa. This favourable change applies to New Zealand citizens holding a Special Category (subclass 444) visa who arrived after February 26, 2001.
5. Visa Class Consolidation for Enhanced Efficiency
In a bid to streamline the visa system, the Australian government is actively reducing the number of visa classes. This undertaking aims to amalgamate diverse visa categories into fewer, comprehensive types, facilitating an efficient application process and optimised immigration management.
6. Pro-Rated Skilling Australians Fund (SAF) Levy Implementation
A flexible approach to the Skilling Australians Fund (SAF) levy is anticipated. Under this revision, the levy amount will be proportional to the duration of the sponsored worker's visa, enhancing equity and flexibility in levy payment.
7. Australia-UK Free Trade Agreement Benefits for Working Holiday Makers
The Australia-UK Free Trade Agreement paves the way for new opportunities within the Working Holiday Maker (WHM) program and Youth Mobility Scheme. UK passport holders will have expanded access to Working Holiday visas, fostering cultural exchange and collaborative work and travel endeavours.
8. Visa Application Charge Increases
Application charges were also increased on 1 July 2023, with increments ranging from six to forty percent across various visa subclasses. This includes Business innovation and investment visas, with the largest increase in the business category.
9. Reinstatement of Work Restrictions for Student Visa Holders
Commencing 1 July 2023, work restrictions for student visa holders were reinstated, allowing them to work 48 hours per fortnight – a modest increase from the restrictions that applied prior to the COVID-19 Pandemic. Exceptions apply for those students working in the aged care sector, allowing them unlimited work rights until 31 December 2023.
10. Extended Work Arrangements for Working Holiday Makers
A favourable concession allows Working Holiday Makers (WHMs) to work with the same employer or organisation for an additional six months. This provision excludes work carried out before 1 July.
11. Introduction of the Pacific Engagement Visa (PEV)
A novel visa opportunity for eligible migrants from Pacific countries and Timor Leste, the Pacific Engagement Visa (PEV) will grant 3000 annual places via a ballot process. Successful applicants will be eligible to apply for permanent residence.
Your Partner in Navigating Change
Navigating Australia's evolving immigration landscape requires expertise and insight. If you seek guidance or clarification on the forthcoming immigration amendments, our team stands ready to assist you. Whether through email or consultation, our professionals are committed to providing informed assistance.
Please note that the information provided is not legal advice but serves as a concise summary of pertinent updates. At Klintsaris, we remain dedicated to tracking developments and will notify our clients as further information unfolds. To discuss further which visa class best suits your circumstances, please contact timothy@klintsaris.com and visit us as www.klintsaris.com.