January 3, 2024

Australia’s Changes to Working Holiday Makers Visa Conditions

Changes to Working Holiday Makers Visa Conditions

THE EXTENSION OF WORK RIGHTS BEYOND THE SIX-MONTH LIMITATION FOR WORKING HOLIDAY MAKERS

The Australian Department of Home Affairs has officially confirmed changes to the policy arrangements around condition 8547.

Effective 1 January 2024, Working Holiday Makers will need to request an extension beyond the standard six-month limitation, unless they meet the exemptions in place. 

The new process requires individuals to take the responsibility and actively request an extension themselves if they wish to continue working in Australia beyond the initial six months and have the limitation removed.

However, the specific details regarding these exemptions are yet to be fully outlined, and the Department of Home Affairs has promised further information following an upcoming review. This leaves room for anticipation as we await more comprehensive updates, set to be released in early 2024.

WORKING HOLIDAY EXTENSION: NEW RULES AND TEMPORARY EXEMPTIONS

As of 1 January 2024, the Minister for Immigration, Citizenship, and Multicultural Affairs has decided on an extension to the exemption process for visa condition 8547.

TEMPORARY EXEMPTIONS EXPLAINED

Until the Australian Government has further discussions regarding the Working Holiday Makers reform, Working Holiday Makers can extend their employment with the same employer beyond 6 months without seeking permission only if the following circumstances apply:

  1. Working in different locations: Working Holiday Makers can extend their employment if they work in various locations, as long as the duration of employment in any single location does not exceed 6 months.
  2. Employment in plant and animal cultivation: Individuals engaged in plant and animal cultivation activities in Australia are eligible for an extension.
  3. Specific industries: Exemptions apply to certain industries, including aged care and disability services, fishing and pearling, tree farming and felling, construction, and mining. However, these exemptions are limited to Northern Australia.
  4. Natural disaster recovery work: Those involved in natural disaster recovery work, starting from 17 February 2020, are eligible for an extension.
  5. Sanctioned critical sectors: Workers in critical sectors such as agriculture, food processing, health, aged and disability care, childcare (from 4 April 2020), and tourism and hospitality (from 8 May 2020) can extend their employment without seeking additional permission.

 

HOW TO APPLY FOR CONDITION 8547 EXTENSIONS

 How to apply for Condition 8547 extensions

In a recent update by the Department of Home Affairs, changes to the Working Holiday program have been announced, specifically regarding the extension of work rights beyond the standard six-month limitation.

While certain exemptions exist, those not covered by these exceptions are required to seek permission for extended employment with one employer. This article outlines the guidelines and procedures for Working Holiday Makers who fall outside the specified exemptions.

A new web form for extension applications is anticipated to be operational starting 22 December 2023. During this time, the Home Affairs Department will process applications that adhere to the guidelines below:

Alternatively, applicants can send an email to Working.Holiday@homeaffairs.gov.au, clearly stating:

  • commencement date of employment and the anticipated end date of the six-month period.
  • comprehensive details justifying the need for an extension beyond six months.
  • intended duration for continuing employment with the employer.
  • include supporting documentation from the employer, such as a one-page letter on company letterhead outlining exceptional circumstances.

For individuals who have already submitted requests for approval to work beyond six months with the same employer, employment can continue until a written outcome is received.

Stay informed as we anticipate further announcements in 2024 that will provide additional insights into broader changes expected in the Working Holiday program. We will keep you updated on any developments that may impact your experience as a Working Holiday Maker in Australia.

For personalised assistance and advice on your specific situation, book a consultation with our experienced Immigration Lawyers and Registered Migration Agents today. Your journey to a seamless experience in Australia begins with guidance from our visa specialists!

 

 

December 26, 2023

Exciting times in Australian Immigration: The Government has released its new Migration Strategy. One of the highlights is the introduction of the 4-year Skills in Demand Visa as a replacement for the Temporary Skilled Shortage (TSS) 482 Visa.

While additional details are pending further consultation, most changes are scheduled to be implemented in 2024. Notably, as of 8 December 2023, there has been a simplification of the Labour Market Testing for employer sponsored visas. Companies no longer need to advertise with Workforce Australia.

Australia’s Migration Strategy roadmap outlines eight key actions. These are the result of consultations with various stakeholders, including businesses, unions, international education, civil society, and the broader Australian community.

8 Key Actions

  1. Targeting temporary skilled migration to address skills needs and promote worker mobility
  2. Reshaping permanent skilled migration to drive long-term prosperity
  3. Strengthening the integrity and quality of international education
  4. Tackling worker exploitation and the misuse of the visa system
  5. Planning migration to get the right skills in the right places
  6. Tailoring regional visas and the Working Holiday Maker Program to support regional Australia and its workers
  7. Deepening our people-to-people ties in the Indo-Pacific
  8. Simplifying the migration system to improve the experience for migrants and employers

 

Changes to Temporary Work Visas

Australia’s temporary skilled migration system aims to alleviate labour shortages in the country and create a pathway for individuals to potentially become permanent residents in the future. 

Temporary Visa Australia


The Temporary Skills Shortage Visa often lacks clear routes to Permanent Residency. While many visa holders have short-term business purposes, the absence of well-defined pathways, especially for those intending longer stays, causes uncertainty. This situation poses a risk of Australia losing valuable skills and talents. The dependence on a single employer for a permanent residency pathway gives too much power to individual employers, making migrant workers more vulnerable to exploitation.

 

New Skills In Demand Visa

The government plans to launch a new 4-year temporary skilled worker visa known as the Skills in Demand Visa. This visa aims to offer workers greater flexibility in changing employers and will establish distinct routes to permanent residency for those interested. The Skills in Demand Visa will incorporate three specific pathways, aligning with the recommended ‘risk-based approach to regulation’ outlined in the Migration Review.

 

  1. SPECIALIST SKILLS PATHWAY

    Highly skilled migrant in Australia

    For highly skilled migrants
    – Any occupation except trades workers, machinery operators and drivers, and labourers
    – Earning at least $135,000 (the Specialist Skills Threshold) and no less than Australian workers in the same occupation
    7 days visa processing time

     

  2. CORE SKILLS PATHWAY

    Machinery operators

    – Most temporary skilled migrants will come through the Core Skills Pathway (trades workers, machinery operators and drivers, and labourers)
    – Applicant must have an occupation on the new Core Skills Occupation List

    – Salary at or above the TSMIT ($70,000)
    21 days visa processing time

     

  3. ESSENTIAL SKILLS PATHWAY

    Aged Care worker

          – For lower-paid workers with essential skills (salary under $70,000)
          – Focused on the care and support economy

The expectation is that the primary source of visas will be through the Core Skills Visa Pathway.

Skilling Australians Fund (SAF) levy

The consideration involves collecting the Skills Australia Fund (SAF) levy in smaller, gradual payments over time to accommodate the greater freedom visa holders have in changing employers. Exploring a monthly or quarterly payment model is part of this evaluation.

Streamline Labour Market Testing

Effective 8 December 2023, the Australian Government has moved to streamline Labour Market Testing (LMT) by eliminating the need to advertise positions through Workforce Australia. Additionally, the validity period will be extended from 4 to 6 months. This change is not expected to take effect until some point in 2024.

Labour Market Testing (LMT) will be phased out gradually as Jobs and Skills Australia data on skills shortages improves, and an alternative Core Skilled Occupation List will be established to replace LMT.

Points Test

The points test will undergo a review for improvements. A new analysis-based points test will be created to identify independent migrants who can make a substantial contribution to Australia.

The Australian Government intends to strengthen its cooperation with States and Territories to address regional population needs more effectively with regards to migration planning aspects.


Bolstering Safeguards

The Australian Government is taking immediate action to enhance safeguards for visa-holding employees, implementing new powers and imposing larger penalties on employers exploiting temporary skilled workers. This includes the development and utilisation of public registers to enable greater monitoring and choice for employees, alongside increased collaboration with agencies like the Australian Tax Office.

International Student Visa (subclass 500)

International Students

  • Restrict the residence of international graduates lacking in-demand skills to stay in Australia.
  • Narrow down the eligible courses for international students, emphasising the retention of tertiary university courses.
  • Counteract course swapping.
  • Allocate more funding for visa integrity supporting activities.

Temporary Graduate Visa Holders (subclass 485)

Temporary Graduate Visa

Significant changes will be made to this visa type. The focus will be on international graduates with skills sought by Australian employers. This includes:

  • Shortening the duration of stay to just two years.
  • Prohibiting Graduate visa holders from transitioning back to student visas (end the vicious circle!)
  • Restricting the residence rights of international graduates without in-demand skills in Australia.
  • Lowering the age eligibility from 50 to 35 years.
  • Raising the English language proficiency requirements.

Deepening Ties With People in the Indo-Pacific

Deepening our people-to-people ties in the Indo-Pacific

The Australian Government plans to expand the Pacific Australia Labour Mobility (PALM) Scheme and deliver a new Pacific Engagement Visa (PEV) to encourage labour mobility from the relevant regions.

 

Are you curious how these changes can affect your visa and immigration in Australia? Seek advice and assistance with our Immigration Lawyers Book a consultation today!

 

Source: Department of Home Affairs

 

 

August 23, 2023

Dreaming of a new life in Australia? Whether you are a skilled worker, a young professional, or an employer seeking talent – Australia offers a range of work visa options to help you achieve your goals.

189 Skilled Independent Visa

The 189 Visa is for skilled workers who do not need to be sponsored by an employer, state or territory, or a member of their immediate family.

This visa gives you and all dependents Permanent Residency upon visa approval. This means you get the right to live and work in Australia including access to Medicare (the Australian health care system). The application process can be lengthy and competitive, and you must satisfy the eligibility requirements, including a high level of English proficiency.

190 Skilled Nominated Visa

Skilled Nominated Visa (Subclass 190)

The 190 Visa is for state and territory-nominated skilled workers. The benefits of this visa include expedited processing and additional points for the visa application, as well as the opportunity to reside and work in a particular Australian state or territory.

You must be nominated by an Australian state or territory government and satisfy the eligibility requirements.

186 Employer Nomination Scheme Visa

Employer-Sponsored Visa (Subclass 186)

The 186 ENS Visa is best for skilled workers who have been offered employment and sponsorship in Australia. This visa gives you and all dependents Permanent Residency upon visa approval. This means you get the right to live and work in Australia including access to Medicare (the Australian health care system).

482 Temporary Skill Shortage Visa

Temporary Skill Shortage Visa (Subclass 482)

The 482 TSS Visa is intended for skilled workers with a job and sponsorship offer from an Australian employer.  Compared to the 186 Visa, the 482 Visa is a temporary visa which can lead to Permanent Residency after 3 years. The 482 visa is a very good option for migrants with lower English language skills. The 482 Visa has no age limit!

417 Working Holiday Visa and 462 Work and Holiday Visa

The 417 and 462 WHV Visa subclasses are intended for young adults between the ages of 18 to 30 who want to work and travel in Australia for up to 1-3 years. The ability to work in any job for up to 6-12 months with each employer is one of the benefits of this visa, also the opportunity to travel and explore Australia throughout your stay. Some passport holders have an extended age limit up to 35.

This visa type, however, is only available to citizens of specific countries, and you must meet certain eligibility requirements.

From the Skilled Independent Visa to the Working Holiday Visa: each visa has its own set of advantages and requirements. Do your research, talk to the experts, and start planning your life in Australia today!   EXPLORE YOUR OPTIONS WITH OUR TEAM TODAY!

 

July 20, 2023

7 changes to Australia’s Immigration effective 1 July 2023

Australia Immigration Program 2023-2024

1. Higher Income Threshold for Skilled Migration

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $53,900 to $70,000 per year. In particular, this is relevant for Employer Sponsored Visas, e.g. 482 TSS and DAMA Visa.

2. Work & Holiday Visa Makers

Papua New Guinea (PNG) has officially joined the ranks of countries participating in the Working Holiday Maker (WHM) Program.

The age eligibility for UK citizens applying for Subclass 417 has been extended. The previous age range of 18-30 will now include individuals up to 35 years old and will have the opportunity to stay in Australia for a total of 3 years.

3. Increase in Visa Application Charges

In accordance with the projected Consumer Price Index (CPI) for the 2023-24 period, adjustments have been made to the Visa Application Charges (VACs). Below is the summary of several highly sought-after visa subclasses:

Visa Application Charges

4. Work Restrictions for all Student Visa Holders

Work limitations for all Student Visa holders have been reinstated reducing work hours to 48 hours per fortnight.

Student visa holders working in the Aged Care sector in Australia can continue to work unlimited hours until 31 December 2023.

5. New Zealand Citizens can apply directly for Australian Citizenship

New Zealand citizens who hold a Special Category (subclass 444) visa and entered Australia after 26th February 2001 and have resided in Australia for a minimum of four years, will be eligible to apply directly for Australian Citizenship. No need to get PR before. This is saving  money and time!

6. Extend your stay in Australia with the 485 Visa Extension program

International students who are successfully completing qualifying degrees in fields such as science, medicine, healthcare, engineering, and technology have the opportunity to extend their post-study stay in Australia.

The duration of this extended stay will be as follows:

  • Bachelor degrees will increase from two years to four years.
  • Master degrees will increase from three years to five years.
  • Doctoral degrees will increase from four years to six years.

There are NO additional visa application charges! Plus, here’s the best part: You don’t need an English test! 

7. Occupation & Skills Assessment – Graduate Work Stream

Individuals applying for the Graduate Work Stream visa are required to meet certain criteria. These include holding a qualification that is pertinent to an occupation listed on the Medium and Long-term Strategic Skills List (MLTSSL) and undergoing a skills assessment in the nominated occupation. BOOK A CONSULTATION TODAY

 

SKILLED VISA PROGRAM

The Australian Government has allocated 30,375 visa positions for the Skilled Independent program in the 2023-24 period. This substantial allocation aligns with the government’s proactive approach to meeting the increasing demands and attracting highly skilled individuals.

Notably, in the preceding fiscal year, more than 66,000 invitations were given for the Subclass 189 visa,  demonstrating the Government’s commitment to prioritising and promoting skilled migration.

These initiatives provide many opportunities for professionals to make meaningful contributions towards the progress and advancement of Australia.

 Interested? Schedule an appointment today! We are Immigration Lawyers and Registered Migration Agents. We have the knowledge, experience and skills to provide you with information on all Australian visa types and immigration pathways. Book your consultation here

Auspire Immigration Australia. Immigration Lawyer Australia. Registered Migration Agent Australia. Education Agent Australia.

 

 

March 6, 2023

Are you a skilled worker looking to take your career to the next level in Australia? As a foreign national, you may face some challenges in the job market, but don’t let that discourage you. With the right strategies and resources, you can increase your chances of landing your dream job and living your best life down under.

6 Strategies to help you land your dream Job in Australia as a Foreign National

RESEARCH JOB OPPORTUNITIES IN ADVANCE

Before moving to Australia, explore the local work market and hunt for positions that fit your qualifications. You can use job search websites like Seek and Indeed, as well as the websites of individual companies and recruitment agencies.

Look for positions that match your qualifications, skills, and experience, and tailor your resume and cover letter to each job application to increase your chances of success.

NETWORK AND MAKE CONNECTIONS

Networking is key to finding a job in Australia, especially if you are a foreigner. Attend events, join professional organizations, and connect with people in your industry to build your network and learn about potential job opportunities.

Don’t be afraid to reach out to people on LinkedIn or other social media platforms, and make sure to personalise your messages and follow up with thank-you notes.

NETWORK AND MAKE CONNECTIONS

APPLY FOR JOBS ONLINE

Many jobs in Australia are advertised online, so check job search engines like Seek and company websites frequently for new opportunities. Make sure to tailor your resume and cover letter to the specific job and company. You may also use keywords that match the job description to increase your visibility. 

APPLY FOR JOBS ONLINE

UTILISE RECRUITMENT AGENCIES

Recruitment agencies can be a useful resource for finding a job in Australia. They can help you find job openings, provide advice on your resume and job search, and connect you with employers.

CONSIDER TAKING ON FREELANCE OR  CONTRACT WORK

If you are having trouble finding a full-time job, consider taking on freelance or contract work to gain experience and build your network. This can also be a good way to demonstrate your skills and work ethic to potential employers.

BE PREPARED TO NEGOTIATE

 In Australia, it is common to negotiate your salary and benefits when you start a new job. Make sure to research industry standards and be prepared to negotiate your salary, paid time off, and other benefits to ensure that you are compensated fairly for your work.

BE PREPARED TO NEGOTIATE

Remember, every step you take gets you closer to your dream job in Australia! Are you ready to advance in your career?

Our migration team is here to help. Book a consultation today and get the support and guidance you need to increase your chances of landing your dream job in Australia. 

Did you know that Auspire Immigration has partnered with employers Australia-wide who are willing and able to offer sponsorship? Yes!!! We have a database of employers that you can benefit from once you become our client. Check our current vacancies here

You become a client once you have booked a consultation. Take action now – your future is waiting for you!

 

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