Blogs Category: Employer Sponsored

On 18 April 2017, Australian Prime Minister Malcolm Turnbull announced a sweeping reforms package affecting foreign workers that he states has been designed to safeguard jobs for Australians.

The new temporary visa framework currently being rolled out in stages will culminate in the axing of the Temporary Work 457 visa, which is earmarked to be replaced by the new Temporary Skills Shortage (TSS) visa by 1 March 2018.

A joint press statement released on the day from PM Turnbull and the Minister for Immigration and Border Protection, Peter Dutton explained the crux of the government’s objective is to ensure that Australian businesses have access to overseas workers they need to fill real skill gaps, but not at the expense of eligible Australians.

Turnbull’s visa bombshell has thousands of migrants and an entire generation of employers across Australia reeling. Indeed, the restaurant and hospitality industry has been particularly critical of Turnbull’s new scheme, urging celebrity chef Neil Perry to issue his own warning that the changes could prevent restaurateurs from thriving and would ultimately affect delivery and services, jeopardizing the reputation of Australia as a foodie destination.

The Government’s culling of the 457 visa took everyone by surprise. But what exactly are the changes and what does the TSS mean for current 457 visa holders and prospective temporary workers, particularly those hoping to use 457 status as a pathway to permanent residency and living their Australian dream.

The two TSS visa programs ushers in much stricter requirements than the current 457 visa, including:

• a higher standard of English
• a proper police record/criminal check
• a 2-year work experience requirement; and
• mandatory labour market testing

In announcing the changes to the migration program, it was implied that current 457 visa holders were not at risk. Yet, it’s still unclear how current foreign workers in Australia will be treated once their current visas expire or when they apply for permanent residency; whether they will be assessed under the conditions that existed when they first obtained their 457 visa, or whether they will revert to the new system.

What we do know is that under the new two-tier system, the number of jobs available to temporary overseas workers will be reduced from 650 to 450, and the bulk of jobs will only be eligible for two-year temporary work visas, and ineligible for permanent residency afterwards. Only around 180 of the total 450 jobs will be eligible for four-year stays and permanent residency. A reduced list of eligible occupations will also apply.

With less than six months until the changes to residency kick in, it’s important to note that 457 holders have until 1 March 2018 to submit their applications for permanent residency. Those who believe they are eligible to do so, should use this grace period wisely and seek expert assistance.

Our team of registered migration agents are armed with the most up to date information about changes to the 457 visa, and we continue to monitor further developments as the Government forges ahead with their scheduled rollout of the TSS visa program.

Contact us at Hunt Migration for professional guidance and counsel. Book a free visa assessment appointment with your local Hunt migration lawyer now.

On 20 April 2017, the Australian Government announced a shakeup of the Australian citizenship test that, according to the Minister for Immigration and Border Protection, Peter Dutton, was designed to “put Australian values at the heart of the citizenship processes and requirements.”

• The applicant must have lived in Australia on a valid Australian visa for four years before applying &
• been a permanent resident for at least 12 months and immediately lodge an application

• Required to have lived in Australia as a Permanent Resident for at least four years
• Must pass a stand-alone English competency test considered University level
• Provide evidence of integrating into the community and contributing to it

In addition to this, it also established that applicants can only fail the Citizenship test three times before being declared ineligible. The Opposition Leader Bill Shorten initially expressed support for the proposed changes, Labor decided to oppose the Government’s overhauled legislation and referred it to a Senate committee for further inquiry.

The inquiry findings (released in September) recommended that the Senate pass the bill but with a few key amendments, including toning down the level of the English competency test and allowing migrants who already have permanent residency to apply for citizenship under the old rules rather than making them wait the extra three years.

However, on 18 October 2017 this controversial citizenship bill lapsed and failed to pass the Senate. Despite this, MP Dutton still intends to amend citizenship laws. The legislation would need to be re-introduced into Parliament and passed by both houses before any changes will come into effect on the scheduled 1 July 2018.

With this unpredictable deadline looming, at Hunt Migration, we recommend that if you meet the current criteria and are thinking about applying for citizenship, don’t drag your feet. Applications for citizenship lodged before 1 July next year are assured to be assessed under the much easier old permanent residence requirements of one year compared to Dutton’s proposed new four years.

So, there’s no need to be confused or hesitant about becoming an Australian citizen, and our Migration Agents are ready and waiting to help with any questions or concerns. To avoid being affected by any future changes in the citizenship requirements we encourage all eligible candidates to act now and get their citizenship applications lodged.

For further information, get in touch with our qualified experts today.