Client Alert | Migration Update
It has been a big year for migration updates and changes to the migration program.
We have provided quite a few updates over the course of this year about the Migration Review and outlined the recommendations for change presented to the Government. We have seen an update to TSMIT, a change in legislation to allow STSOL and ROL visa holders apply for a subclass 186 TRT visa and further announcements today to the LMT criteria and the Government’s migration strategy.
This morning’s announcement was well received. The Department of Home Affairs registered a new legislative instrument late last week that has now come into effect and has removed the need to advertise on Workforce Australia. This is such a welcome update, as many of you would agree, this website has not been the easiest to work with. This doesn’t mean LMT is completely gone, but the Government have removed at least one hurdle. A step in the right direction to making this program easier for employers to navigate.
So, what does this change mean for LMT?
Unless an exemption applies, LMT evidence will need to show that:
- a nominated position has been advertised on at least two forums which may include:
- a recruitment website with national reach in Australia;
- print media with national reach in Australia;
- radio with national reach in Australia;
- if the approved sponsor is an accredited sponsor—the approved sponsor’s website.
The advertising period continues to be at least 28 days (or four weeks). It is possible that you can use two separate ads on the same forum provided those ads overlapped by at least one day. This practically means you could use two ads from Seek provided the first ad ran for example from 1 to 15 January and the second ad ran from 14 to 30 January.
Our recommendation would be to try to place a single ad in all cases, in the first instance and that a period of 30 days be selected by default, where possible.
These new requirements will apply to nominations lodged from today, and nominations lodged but not yet finalised (although in those cases, compliant LMT will have been included).
Announcement on The Government’s Migration Strategy
The Government has also released today their Migration Strategy in a 100 page document and with that a timeline and action item list. Mapien will spend some time reviewing this strategy and will provide you with an overview in due course.
From the initial review there are 8 key focus areas. Below are a few in relation to employer sponsorship:
- Migration Program Planning – a focus on migration planning and net overseas migration numbers. No changes to the planned program year.
- Skilled temporary visas – The three-tiered visa pathway to replace the TSS subclass 482 visa.
- Tier 1 – Specialist Skills – earnings of $135,000 per annum. This pathway will not have an occupational list and will be processed in around 7 days. This does not include trades occupations, machinery operators, drivers and labourers. There will be 3000 places allocated per year.
- Tier 2 – Core Skills – earnings of $70,000 to $135,000 – this pathway is expected to provide the majority of the visa for the program. Trades workers will be required to apply under this visa based on a revised ‘skills in demand’ list developed by Jobs and Skills Australia.
- Tier 3 – Essential Skills – this visa pathway is yet to be determined. This visa will involve Union oversight, be capped and be restricted to specific sectors. The TSMIT will be indexed annually and a public register of employer sponsors to allow more ease of moving between employers.
- Skilling Australia Fund (SAF Training Levy) – consideration will be given to the collection of the SAF in smaller increments. As recommended in the review this year, a monthly or quarterly payment model will be explored.
- Labour Market Testing – LMT will be streamlined, as announced today, the use of Workforce Australia has been removed. The advertising validity period will increase from 4 to 6 months (not yet in effect).
There is also further focus on students (student visa holders and graduate skilled), regional migration, working holiday visa makers, global and business talent, foreign investment fees for property and a focus on those people providing migration advice and support who are not registered with the OMARA.
A link to the migration strategy: https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf
Source: Department of Home Affairs and the MIA.