Everything You Need to Know About the Australian Partner Visa

We've launched hundreds of partner visas over the years. With numerous aspects to consider, understanding the requirements and nuances of the application process is crucial. We aim to provide a guide, offering valuable insights into the Australian Partner Visa application, covering various aspects from types and stages to documentation, requirements, and common questions.

If you need to apply for a Partner Visa, please book an appointment here.

Types of Visas Related to Partner Relationships:

Currently, there are three types of visas related to partner relationships: the prospective marriage visa or Fiancée Visa, the partner visa offshore, and the partner visa onshore.  

Prospective Marriage Visa (Subclass 300): Designed for those planning to marry their prospective spouse in Australia and subsequently apply for an onshore partner visa. The evidence required for a prospective marriage visa is generally less. You need to demonstrate your intention to be in a spouse relationship rather than being in a spouse or partner relationship.  

Partner Visa Offshore (Subclass 309 and 100): For individuals in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen, applying from outside Australia. Applicants applying outside of Australia will need to apply for an offshore partner visa Subclass 309 which goes to subclass 100 for permanent residency. 

Partner Visa Onshore (Subclass 820 and 801): For applicants inside Australia, the process involves obtaining a temporary partner visa (Subclass 820) followed by a permanent partner visa (Subclass 801).

Stages of Partner Visa:

If you are in a married or de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and you are being sponsored by your partner, you might apply for a partner visa.  The relationship must be genuine and ongoing.

There are two stages to the partner visa:

Stage 1: is a temporary partner visa.

Stage 2: is a permanent partner visa. 

Both temporary and permanent partner visas allow you to work and study in Australia and you are eligible for Medicare. 

Documentation and Evidence:

We know that every relationship is different, and the Australian Department of Home Affairs may need different kinds of documents to assess your application. Include evidence relating to the nature of your household, recognition of your relationship by family and friends, and your joint financial commitments to each other. 

Married relationship: If you're in a married relationship, you need to provide a legal marriage certificate or registration from in Australia or another country. The marriage document needs to be authentic and legally valid. 

De facto relationship: There are two ways to meet the de facto relationship requirements. 

  • Number 1: being in a de facto relationship, which is mutually exclusive, and you've been with your partner for at least 12 months before you apply for the partner visa in or outside of Australia.  In most cases, this would mean you've been living with your partner for 12 months.
  • Number 2: register a relationship in an Australian state or territory.  This can allow an application to proceed when the relationship is less than 12 months old. 

You need to provide sufficient evidence to demonstrate that a de facto relationship exists between you and your partner. There are some exceptions to the 12-month rule. For example, if there's a child of the relationship. 

Same-sex couples:

Same-sex couples can apply for partner visas. They will need to demonstrate their relationship based on a married or de facto relationship. 

We’ve been successful with many applications for same-sex couples. 

Genuine and Continuing Relationship Criteria:

The Australian Department of Home Affairs has some standard criteria to assess a genuine and continuing relationship.  The main four criteria are:

  • Financial responsibilities: this could include a home loan, joint property, or rental property that is in both parties' names or an active bank account that has both parties' names. 
  • Evidence of a shared household: this could include things like bills and utilities. It could include evidence of living arrangements, and it could include things like shared financial responsibility for food and utilities.
  • Social commitment: this includes statements from friends and family which attest to you being in a relationship. It can also be shown by photos from social events. 
  • Commitment: this criteria includes considerations of how long the parties have been in a relationship and the future plans that the couple has. Such criteria might be addressed in a statutory declaration to help prove the application.

Providing strong evidence addressing these criteria is vital for a successful application.

Couple

How long does the process normally take?

Partner visa processing times can vary, typically ranging from six months to two years. Having strong evidence of your relationship can help with processing times. 

You can find the processing times at Home Affairs website: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times

Sponsor Requirements:

Sponsors must be of good character and provide necessary documentation, including police clearances. There are limitations on sponsoring more than one partner within a five-year period.

Main reasons for partner visa refusals:

  • Lack of supporting evidence of the relationship. 
  • Inconsistencies in the application, and in relation to the telephone interview with the department, if they hold one.
  • Not meeting schedule three requirements. This is about not having a substantive visa at the time of application.
  • Misleading social media posts and inconsistencies in those social media posts.
  • Sponsor problems, for example, failing to update Centrelink that they are in a relationship. 

How can you make an application strong? 

A successful partner visa application requires meticulous planning. You need to have a genuine and continuing relationship and ensure all the documents are provided as part of the visa application. 

How much does a partner visa cost?

The Australian partner visa comes with a significant application fee of $8,850, making it one of the more expensive visa applications.

Obtaining an Australian Partner Visa involves a thorough understanding of the process, careful documentation, and strategic planning. If you have questions or need assistance in applying for a partner visa, our team is here to help. Contact us for personalized guidance throughout your partner visa application.

Sources:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/prospective-marriage-300

Do you need help with an Australian visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Partner Visa application.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Continue reading
983 Hits
0 Comments

Australian Immigration News - December 2023: Covid Concessions, Positive Reforms, and the Replacement of a Top Bureaucrat

Welcome to our Australian Immigration News – December 2023! In this blog, we will discuss the conclusion of Covid concessions, alterations in the Temporary Graduate Visa, positive reforms affecting Partner Visas, the opportunity for permanent residency for 482 and 457 visa holders, the replacement of a top bureaucrat, international student news, and the upcoming Government Implementation Plan.

End of the Covid Concessions

The Covid era for Australian Immigration is officially over. The concessions introduced during the pandemic to address travel challenges and support temporary workers in Australia have concluded as of November 25, 2023. Notably, periods of reduced work due to Covid-19 will no longer count towards meeting work experience requirements for new ENS/RSMS TRT stream nomination applications.

Changes in the Temporary Graduate Visa Program

Starting November 25, 2023, all applications for any stream of the Temporary Graduate Visa program must be lodged in Australia.

Positive Reforms for Partner Visas

Exciting reforms have been introduced for Partner Subclasses 309 and 820 visas. Applicants can now receive grants whether they are inside or outside Australia at the time of visa approval. Moreover, Subclass 309 Partner visa applicants can apply for merits review independently, no longer relying solely on the sponsor. This change enhances accessibility for family violence victims.

PR for 482 and 457 Visa Holders

Individuals holding 482 and 457 visas for at least 2 years may be eligible to apply for permanent residency. Those with occupations listed on the Medium or Short-term Skilled Occupation List can apply for the 186 PR Visa, meeting criteria such as Competent English and being under the age of 45, unless specific narrow exemptions apply. Read more here.

Home Affairs Public Servant Replaced – Michael Pezzullo

The governor-general terminated the appointment of Michael Pezzullo, head of the Department of Home Affairs, due to breaches of the Australian Public Service Code of Conduct. The hope is for a more accessible and efficient standalone Department of Immigration.

End of Indefinite Detention

The High Court's decision in NZYQ brings an end to indefinite detention for those unable to return to their original country of passport. Legislation imposing tough conditions on those released is expected to face a high court challenge.

International Student News

Plans are underway to impose caps and potential taxes on international students, likely in response to housing shortages and a rental crisis. As international education is a key industry, there is expected pushback.

Upcoming Government Implementation Plan

Stay tuned for the awaited release of the Government's implementation plan for migration reforms. The Parkinson report hints at significant changes, including point-based visa reforms, Business Visa changes, and the end of Student Visas needing to meet GTE.

 

Sources

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1136

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1057

https://www.pm.gov.au/media/secretary-department-home-affairs

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

 

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Continue reading
966 Hits
0 Comments

PR for employer-sponsored 482 visa holders after 2 years: Apply from November 25, 2023!

The Australian Government has announced changes that will allow short-term 457 or 482 visa holders to have a pathway to permanent residency in Australia after 2 years. If you have held and worked on a 482 visa for at least 2 years, you can apply from November 25, 2023.

Employers will be able to nominate holders of all Temporary Skill Shortage (TSS) 482 Visa, including Short-term and Labour Agreement streams. The nominated person will need to have held their TSS or subclass 457 visa(s) for 2 out of the 3 years before nomination.

Before, only Temporary Skill Shortage (TSS) 482 visa holders whose occupations are on the Medium and Long-term Strategic Skills List (MLTSSL) could apply for an Employer Nomination Scheme (186) visa under the Temporary Residence Transition (TRT) pathway after 3 years of full-time employment with the sponsoring employer while on a 457 visa or 482 visa.

Short-term 482 to PR 186

From November 25, 2023, the 186 Temporary Residence Transition stream will become available to the majority of 482 Temporary Skill Shortage visa holders. It will no longer be restricted to 482 visa holders with occupations listed on the Medium and Long-term Skilled Occupation List. In addition, the required length of employment with your sponsoring employer will be reduced from 3 years to 2 years.

If your occupation is on the Short-term Skilled Occupation List (STSOL), you will also be eligible to apply for the 186 Temporary Residence Transition after working in Australia for your employer-sponsor with a 482 visa for 2 years.

Victorious corporate man celebrating with his arms lifted in the air

Medium-term 482 to PR in 2 years

Previously, medium-term occupations required 3 years on a 482 visa to be eligible to apply for permanent residency. When the changes start, all 482 streams can access PR and the work experience requirement will now be reduced to 2 years.

Common medium-term occupations include roles such as Registered Nurse, Diesel Mechanic, Carpenter, and more.

Below we have summarised what the changes mean:

Continue reading
5949 Hits
0 Comments

Employer Nomination Scheme visa: 186 Direct Entry vs. 186 Temporary Residence Transition Streams

The subclass 186 visa is a Permanent Resident visa which is available for qualified overseas workers who meet the requirements for one of the streams.

Requirements 186 Direct Entry Stream:

  1. Have an eligible occupation that is provided by the Department of Home Affairs. https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list
  2. Have relevant work experience unless exempt. The applicant is required to have at least 3 years of relevant work experience in the nominated occupation.
  3. Licensing, registration, or membership: The applicant must be licensed, registered, or a member of a professional body if it is mandatory in the state or territory the applicant intends to work in.
  4. *Have a positive skill assessment
  5. Be nominated by an Australian employer whose business is actively and lawfully operating.
  6. The applicant must be under 45 years of age when he or she applies unless the applicant is eligible for the exemption policy.
  7. Have at least competent English: Competent English (homeaffairs.gov.au)

Smiling businessmen listening to young female during interview

 

Continue reading
3381 Hits
0 Comments

Latest Australian Immigration Updates December 2022 - Direction 100 Skilled Visa Processing, State Nomination updates, Global Talent and Business Visa updates

Latest Australian Immigration Updates December 2022 - Direction 100 Skilled Visa Processing, State Nomination updates, Global Talent and Business Visa updates

Australia's 2022-23 Migration Program will be vastly different to the 2021-22 program, not just in size but also in composition.

This program has a significantly greater skill visa stream at 142,500 places.

This is the biggest in Australian migration history.

The top news in December is the effects of the new Ministerial Direction 100: Skilled Visa Processing priority

It indicates the order of processing priorities for General skilled migration and the Business Innovation & Investment Program (BIIP).

Generally speaking, it appears priority is being given to trades and Technical skills to assist with the shortages.

The visa backlog has now dropped to 755,000 from almost 1 million thanks to an additional 300 staff.

It is expected to be at a manageable level before Christmas, said by Minister Andrew Giles.

More news will also be discussed in this article.

Continue reading
6822 Hits
0 Comments

Seven migration policy reforms to address skills shortage for Australia's Future

Seven migration policy reforms to address skills shortage for Australia's Future

Why may Jobs and Skills Summit 2022 outcomes worsen Australia’s immigration systems and increase skills shortages?

*This article is written based on Immigration Lawyers’ view and suggestion on the current Migration plannings by the new Federal Government”

One of the major outcomes from the Jobs and Skills Summit 2022 is that the number of Australian Permanent Residency visas will be increased to 195,000 (an increase of 30,000), with additional funding provided to get through a backlog of visa applications.

As further discussed in this article, whilst not unwelcome these changes nevertheless fall acutely short in terms of actually addressing core problems.

The current Australian immigration system is not fit for purpose – the Australian Government needs to reform and modernise immigration policy.

This article will consider:

  • What are the skills shortages?
  • Why the Skills Summit outcomes will not actually fix skills shortages?
  • How can skills shortages be addressed through immigration policy reform?

If you want to know the likely outcome of the Skills Summit migration policy, then skip to the end of this article.


Table of Contents — Skills Shortages in Australia

Seven Policy reforms needed to address skills shortages

1. Need to add more lower skilled occupations to the skilled lists
2. Skills assessment requirements are out of touch with industry
3. Professional registration processes are too slow and cannot keep up with demand
4. Simplify and reduce costs with employer-sponsored migration
5. Integrity measures and protections against exploitation, including a new visa for vulnerable persons
6. Prohibitive effect of ‘Genuine Temporary Entrant’ requirement for Student visas
7. Regional Migration incentives for all skilled, business and employer visas
The Grattan Institute using migration to generate tax income will make skills shortages worse for businesses

 

Skills shortages in Australia - What does it really mean?


In considering how Australia’s migration program can be shaped to address skills shortages, the starting point is to consider whether the right question is asked about ‘skills’ shortages. Is this phrase used in honest and realistic terms?

The term ‘skills shortages’ can often be bandied about in the context of higher-skilled positions, for instance, engineers and doctors. Likewise, Australia’s current migration program is heavily skewed towards occupations classified at a higher skill level. The rationale is presumably that those highly skilled migrants fill complex/professional roles, and are more desirable and in demand.

Yet many of the skills shortages in Australia are actually for lower-skilled and lower-paid jobs. The shortages are especially critical for those occupations in regional locations – areas that are outside of the bigger metropolitan cities in Australia. 

Is the existing migration program equipped to resolve skills shortages?

Unfortunately, no, not according to the data. 

Based on the Skills Priority List, job vacancies data and projected employment growth, the Sydney Morning Herald recently published a forecast of the top in-demand occupations[1]

  1. Registered Nurses
  2. Software and Applications Programmers
  3. Aged and Disabled Carers
  4. Construction Managers
  5. Child Carers
  6. Motor Mechanics
  7. Retail Managers
  8. Chefs
  9. ICT Business and Systems Analysts
  10. Metal Fitters and Machinists

Indeed, this list demonstrates that Australia’s skills needs are nuanced. We urgently need a mix of skilled workers to fill higher-skilled and lower-skilled occupations.

Take for example the aged care sector, which has multi-layered workforce needs. Registered nurses must be supported by aged and disability carers as well as personal care assistants. Together they play a vital role in the day-to-day care of some of the most vulnerable members in our community.

 

Seven Policy reforms needed to address skills shortages

1. Need more lower-skilled occupations to the Australia Skilled Occupation Lists

One of the central problems with the current Australian migration system is the restrictive skilled occupation list, which is too focused on highly educated, tertiary-qualified occupations. There is a propensity to overlook the ‘lower level’ occupations when in fact, these are often the jobs that most need to be filled. Skilled lists for visas need to be amended to add occupations that have the biggest skills shortages, including Horticultural Workers, Aged and Disability Carers, and Child Care Workers.

The irony is that government ministers have sounded the alarm about dire aged care shortages, calling for quicker visa processing and more skilled or work visas for aged and childcare workers.

For those with firsthand knowledge of the system, this rhetoric only highlights the shocking and ongoing failures of the Australian migration program. Skills shortages in the aged care and agricultural industries are not new – these are problems that Australia has grappled with for decades and have significantly worsened during Covid-19.

Despite impassioned pleas from these desperately understaffed industries, aged carers and childcare workers are still nowhere to be found on Australia’s skilled occupation list. What good will faster visa processing do when aged carers cannot apply for at least an Australian working visa in the first place? 

These highly desirable workers are excluded from the mainstream skilled migration program. Since standard visas are not open to them, the only alternative for employer sponsorship visas would be sought through a Labour Agreement. This is a complicated, often costly and overly bureaucratic process – it can serve as more of a deterrent than a viable alternative. In the absence of other tangible options, Australia is likely losing many aged and childcare workers to forward-thinking countries that have readily accessible migration pathways.

There needs to be a broad sweeping shift within the Australian migration program to recognise the value of ‘lower-skilled’ occupations.

“Now more than ever they should be brought to the forefront instead of dismissed as outliers.”

Reform to incorporate crucial occupations such as child and aged carers into the mainstream program, creating clear pathways for them to keep working in Australia, would bring immense relief Australia wide.

Aged Carer to PR in Australia

The Australian Government must commit to policy reforms, rather than placing these issues in the ‘too hard’ basket and walking away. Shortages in the aged care and agricultural sectors are not new problems in Australia. This is a systemic conundrum that requires actual policies to address. Regrettably, the Australian Skills Summit 2022 largely avoided the difficult area of lower skilled and low-paid jobs that cannot be filled. This includes carer jobs, agricultural labor and a range of regional low-skilled jobs. These are important jobs that need to be filled - land must be cultivated and crops must be harvested. Farm workers and aged carers work tirelessly to feed and care for the nation.

On the critical need to prioritise visa pathways for lower skilled workers, Fiona Simson, President of the National Farmers’ Federation had this to say:

“While much of the discussion at the Jobs Summit centred on migration for highly skilled workers – which is undoubtedly a challenge for agriculture – we are still left wondering how we will plug the yawning gap in lower skilled workers.

“We know the PALM isn’t the answer in isolation. We know domestic workers aren’t here in the numbers we need. 

“We need appropriate visa pathways to bring in workers from around the world, and to ensure they’re having a positive experience in regional Australia.

“It’s as though people think if they just ignore this problem for long enough, it will just go away. History tells us it is only getting worse.”

“We know that we’re short at least 172,000 workers across our food supply chain. We’re seeing this manifest in higher prices and supply disruptions on supermarket shelves.

“This isn’t just a farmer problem anymore. It’s a burning cost of living and food security issue that needs urgent attention”.[2]

Ms Simson astutely draws attention to the fact that agriculture is the lifeblood of Australia. At the most fundamental level, we are reliant on the agricultural industry to meet our basic needs for food and produce. For this reason, skills shortages in this industry cannot be a problem left for future governments to address. Labor shortages lead to diminished production and wasted yields, with the end result being higher prices for goods. Taking action now to address the agricultural skills shortages will help stem the tide of inflation and afford much-needed relief in the cost of living for Australians.

In the end, we have two options:

  1. Either change the Australian Skilled Occupation List (SOL) to reflect the needs of the agricultural, aged care and childcare sectors, thereby bringing in skilled workers who are suitably qualified, experienced and willing to fill these occupations; or
  2. Apply pressure on the thousands of accountants and engineers on skilled visas (491 or 190 Visa) to complete government-funded courses to become carers and agricultural workers, and then persuade disgruntled migrants to fill these labor-intensive jobs.

2. Skills assessment requirements are out of touch with industry

General Skilled Migration visas (189/491/190) rely on skills assessment as a key starting point. Applicants must firstly obtain a positive skills assessment by the relevant skills assessing authority for their particular occupation.  The purpose of the skills assessment is to assess qualifications/experience and verify that an applicant has the skills that are standard to work in a relevant occupation. 

Skills assessments for certain occupations have been criticised for imposing unreasonably stringent requirements. For instance, the VETASSESS skills assessment requirements for a Crop Farmer are:

  • A Bachelor degree level qualification
  • One year of work experience. 

It seems absurd that an overseas farmer with 10 years of experience but no degree could not obtain a positive skills assessment.  Anyone in the agriculture industry would say that 10 years’ worth of experience is infinitely preferable to a degree and a year’s experience.

Whilst skills assessments make sense in the context of migrants whose qualifications were obtained overseas, it should not be required in some occupations for those who have obtained a recognised Australian qualification. This would enable the skills assessing bodies to allocate resources more efficiently.

Furthermore, the skills assessment process needs to be better funded and processed faster across the full range of occupations. Impediments should be removed to allow for an easier and accommodating skills assessment process. In comparison to the health and medical occupations, skills assessments for other skilled occupations such as Accountants are obtained much quicker.

As it stands, there are a select few assessing authorities with the power to assess applications and issue skills assessments. As one of the largest skills assessing authority, VETASSESS has a monopoly over this market.

=> If the Australian Government authorised more skills assessment providers, healthy competition could not only provide relief in the backlog of applications but also promote better service and efficiency overall.

3. Professional registration processes are too slow and cannot keep up with demand

A vital component of skills assessments for certain occupations (e.g. medical practitioners, pharmacists) is professional registration, a process that can take years for those in health and medical-related occupations. This is not only frustrating but incredibly ineffective and prevents doctors from being on the ground, working on the frontlines providing medical care.

Oftentimes registration is open a few times a year and missing a cut-off date means waiting months. Registration for General Practitioners can be stalled for years in some cases, all the while rural and regional areas continue to suffer from lack of access to basic healthcare services.

Dr Michael Clements, Rural Chair of the Royal Australian College of General Practitioners, echoes the pressing need to cut the red tape and remove unreasonable barriers to entry:

“Ask many GPs and practice managers, particularly outside of major cities, and they will tell you how difficult it can be to bring in a GP from overseas and get them set up to actually start helping patients. It can take up to two years and this time consuming process leaves many practices desperately short of GPs with nowhere else to turn.

“Let’s relieve the bureaucratic headache and provide more support for international Medical graduates so that more communities can bring in GPs from overseas without delay. No patients should be left behind, everyone deserves access to high-quality general practice care”.[3]

According to the Australian Medical Council, there are just 6 exam days scheduled each month from February to November 2023. Another prime example of the restrictive registration process in the health profession relates to pharmacists, with exams in 2023 scheduled for just 2 days in February and June, and 8 days in October.

Global Talent Visa program Australia high income high skilled talented worker 1

Medical boards need to be brought into the modern era and dispense with archaic processes. With the remarkably adaptive technology in this day and age, access and frequency should pose no barrier. Online exams surely can be conducted anywhere and delivered all year round.

The structures that we have in place are not conducive to enabling skilled workers to fill critical roles. Bureaucracy should not stand in the way, because Australians will only suffer for it. The devastating impact of the COVID-19 pandemic, causing Australia’s healthcare system to buckle under heavy strain, clearly demonstrates that Australia does not have years to wait.

4. Simplify and reduce costs with employer sponsored migration

Employer-sponsored visas are currently too complicated and require too much work experience from the applicant; there needs to be reform to allow for greater flexibility. 

Another measure that was introduced with good intentions is the Skilling Australians Funds (SAF) levy. The levy, which ranges between $1200 to $7200 for temporary visas and $3000 to $5000 for permanent visas, is charged upfront and can only be refunded in select circumstances.

This can lead to many employers being charged the full fee but getting no skilled worker if unforeseen changes occur.

In practice the SAF is an expensive aspect of employer sponsorship visas and acts as a barrier to entry for many Australian businesses. The effect has been not to raise more funds for training, but results in less applications and thus not as much funds generated. 

The SAF has serious issues similar to the fees for no service rendered that banks charged. One way to lessen the strain for employers is to lower the cost or charge the SAF on a pro-rata basis for each year of sponsorship, instead of requiring the entire amount to be paid upfront. Additionally, employers in critical sectors or regional areas would benefit from a reduced SAF levy.

Australian migration law states that those who have previously had a visa refused while they were in Australia can only further apply for very limited kinds of visas. This is known as a ‘Section 48 bar’ and primarily requires applicants who have a prior visa refusal to leave Australia and apply for another visa offshore.

Recognising the overseas travel difficulties arising from the pandemic, a legislative change was enacted in November 2021 which enabled those affected by the Section 48 bar to apply onshore for certain Skilled visas. Facilitating easier access to genuine pathways is in the best interests of both applicants and their employers. The simple solution to allow even more people in Australia to meaningfully participate in the workforce is to expand the list of exempt visa categories (such as the employer-sponsored TSS 482 visa). Permitting skilled migrants impacted by the section 48 bar to apply for demand-driven visas onshore will enable them to meet business needs and fill positions in many essential sectors.

5. Integrity measures and protections against exploitation, including a new visa for vulnerable persons

There is an inherent power imbalance when it comes to employer sponsorship. Since employers must shoulder the costs of sponsorship and nomination, this can create a burden on the employer and lead to undue expectations. Employer-sponsored visas should strike an appropriate balance between ensuring the sponsored worker does perform the role, whilst also ensuring visa holders are aware they can avail of workplace rights irrespective of their visa conditions and immigration status. Visa holders and migrant workers have the same workplace protections as any other employees in Australia, but greater education is needed.

Employer-sponsored migration carries sponsorship obligations and there is a sponsorship monitoring program in place to protect sponsored 457/482 visa holders. What must be underscored is that exploitation can arise with any form of visa, at any job and in any workplace. Within the realm of non-sponsored visas, exploitation can go unreported. Some of the worst areas of worker exploitation is within the largely unmonitored temporary visas. These include visitor and student visa holders, backpackers and the new 408 Pandemic Event visas.

In terms of existing protections for working visa holders, there is an initiative known as the Assurance Protocol. This aims to support visa holders in seeking help from Fair Work without fear of visa cancellation. However, the scheme still does not resolve the issue of what other visas an exploited person may apply for. 

If an employer is found to have engaged in wrongdoing, they may be fined or barred from further sponsorship. There are far more serious consequences for visa holders, who often fear having their visa cancelled and losing their path to permanent residency. The reality is that these visa holders who have breached their visa condition nevertheless remain vulnerable to visa cancellation if there are no other visas they can apply for.

Safeguarding the integrity of the migration system and visa holders’ rights is of paramount importance. The Australian Government ought to consider introducing a temporary visa for vulnerable persons to help those who have been, or are being, subjected to exploitation get back on track. There is an immediate need for an exploited person or vulnerable person temporary visa. The vulnerable person visa could also extend to victims of family violence (outside of partner visas) who are not covered under current legislation. Though this kind of visa would be difficult to design and implement, without it many victims of exploitation have no way to escape from an awful situation.

When someone in Australia is being exploited by their employer or sex trafficked, how can they bring this to the attention of the Immigration Department without exposing themselves to the risk of having their visa cancelled and being put in detention? The lack of visa options for people being exploited basically compels them to stay in the exploited situation and fortifies the unlawful practices of exploitative employers or sex traffickers. Having a concrete visa system would go a long way towards protecting vulnerable migrants, instilling trust so that they feel confident taking on jobs across all industries and coming forward when there is exploitation. 

Updates July 2024:

A reform has been put in place on July 2024 to cover some forms or exploitation, specifically workplace exploitation. See this link to the Workplace Justice Visa

6. Prohibitive effect of ‘Genuine Temporary Entrant’ requirement for Student visas

The international education sector is one of Australia’ largest export industries, contributing billions to the economy and supporting many thousands of education jobs throughout Australia. Australia benefits significantly from international education. International students also help alleviate hospitality job shortages through part-time work. Many successful Australian migrants of today originally came to Australia as international students.

Yet promising students are too often refused Student visas subclass 500 due to the dreaded Genuine Temporary Entrant (GTE) requirement. Essentially the GTE criteria requires applicants to demonstrate they genuinely intend to stay temporarily for their studies and will return to their home country. This entirely subjective requirement can deter international students who are weighing up their options. Considering countries such as the UK and Canada do not impose an equivalent GTE requirement, this renders Australia less attractive on a global scale.

GTE Requirement for International students

The inherent illogicality in the GTE requirement is that no one can foretell the future. An applicant may have a faint hope of settling in Australia one day, or later find that they love their job and seek a pathway to permanent residency in Australia. Even so, international students are expected to unequivocally declare they only intend to stay in Australia temporarily and prove they have incentives to return home.

The purpose of Student Visa 500 is to allow international students to pursue studies in Australia. It should be enough for students to demonstrate they have been offered enrolment in a course of study and have the financial capacity to pay their tuition fees and living costs.

Student visas commonly refused due to the confusing and highly arbitrary GTE requirement, are clogging up our already overloaded merits review bodies and courts. Recent statistics reveal that student visa refusals account for a staggering 34% of lodgements to the Administrative Appeals Tribunal (AAT).[4]

Removing the GTE requirement would revive Australia’s once thriving international education industry, boosting the numbers of international students and saving millions from students not having to pursue costly and time-consuming AAT and judicial review matters. 

7. Regional Migration incentives for all skilled, business and employer visas

Regional areas are undoubtedly hardest hit by skills shortages. To attract migrants to these regions, appropriate concessions should be built into all skilled or employer visas for facilitating access to Australian Permanent Residency while living and working in regional areas - for instance requiring work experience but no skills assessment.

A regional skills visa that is easier to access by a wider pool of applicants would serve as incentive for migrants to work and settle in regional areas.  Increasing the number of Australian permanent visas (Visa 189 and Visa 190) but failing to offer appealing incentives for regional-specific visas, means migrants are likely continue to seek employment opportunities in the more populated capital cities.

The Regional Occupation list (ROL) for the TSS 482 visa currently has no path to permanent residency. This means after four years in a regional area, visa holders are expected to return overseas, a loss to the regional area and a terrible policy setting.

Every new visa or visa reform should include a stream/variation, which makes it easier for applicants and sponsoring employers in regional areas. Incentives are needed to attract migration to these remote and regional areas, rather than a one-size-fits-all approach that includes Melbourne and Sydney.

 

The Grattan Institute using migration to generate tax income will make skills shortages worse for businesses

 

Recommendations recently put forward by the Grattan Institute are too narrowly focused on the economic value of migrants: through tax payment. Their model is to attract younger, higher-skilled migrants who earn high incomes and pay substantial taxes, in order to generate fiscal dividends in the long-term. Though these concepts could be fruitfully applied to certain Skilled visa categories, serious danger lies in adopting this model for our migration program as a whole.

The Grattan Institute have proposed abolishing the occupation list and moving towards a wage threshold set at $85,000 per year for the permanent skilled program. Rather than focusing on current labour-driven demands, the Grattan Institute is advocating for granting permanent residency to migrants in higher-earning jobs who are expected to pay more tax over their lifetime. Based on economic modelling, the Grattan Institute contends this reform would consequently boost the federal and state budgets by billions over the next decade.

Migrants of varying skill levels have a great deal to contribute to the workforce, economic and social fabric of Australia. Their intrinsic value does not boil down to income and generated tax revenue. If the Grattan Institute’s short-sighted policies are widely implemented, the harsh reality is hard-hit industries namely aged and disability care, childcare and agriculture will continue to suffer amidst rising shortages. We will end up with an influx of skilled migrants whose skills do not match our needs.

The Grattan Institute argues that by letting enough highly skilled migrants into Australia, all areas with skills shortages will benefit. Quite the opposite. More highly skilled migrants such as finance and engineering professionals, will not lessen the skills shortages but will instead add pressure on a range of sectors. Those highly skilled migrants will consume locally grown produce, enter their children into schools, and then eventually grow old and require care. What they WILL NOT DO is work as a carer or fruit picker.

Alongside this, the Grattan Institute is in favour of abolishing the Business Innovation and Investment program (BIIP) on the basis that applicants for these visas tend to be older, earn lower incomes and cost more in public services. This brings to mind an old idiom about not seeing the forest for the trees. The Grattan Institute’s model does not measure all the far-reaching benefits that flow from migrants who bring with them vast networks, business acumen and enterprising investments, all of which stimulate the economy, present exciting trade opportunities, and lead to the creation of hundreds and thousands of jobs in Australia.

Policy surely cannot be based on the barren premise that migration is all about revenue. Applying a narrow metric of income-earning potential and revenue misses the larger picture. At the heart of migration lies the core aims of driving economic activity particularly in our regional areas, job creation and of course, filling lower-skilled, difficult, and demanding jobs.

Conclusion: Act today or pay the price in future

Although the Australian Government has promised 35,000 more permanent visas and quicker processing, this “solution” could compound the problem and in fact exacerbate the skills shortages. Unless difficult areas in need of workers are directly targeted, especially aged care and agriculture, we are no closer to solving the skills shortages problem in Australia.

Having worked in the migration profession for a long time, I regret to say there are longstanding problems with the system that successive ministers have failed to address. Trickle down migration policy, while impressive in theory, does not work in practice. History has shown us that drastically raising the number of highly skilled migrants and shrinking other programs, including employer-sponsored migration, does not deliver people to where jobs are actually needed.

Simply granting more permanent visas, and faster, does not solve the problems Australia is faced with. Sensible reform either by adapting the existing system or creating clear new visa pathways, combined with timely processing, is needed to alleviate serious skills shortages. These are the major reforms needed:  

  • Add lower-skilled, in-demand occupations to the Skilled List
  • Re-examine the skills assessment requirement and improve professional registration processes, particularly for the health professions
  • Simplify employer-sponsored migration and remove entry barriers
  • Stronger protections against exploitation, such as a visa for vulnerable persons
  • Provide Regional Migration incentives for skilled, business and employer-sponsored visas

This is a real test of leadership. We call upon the Australian Government to heed the pleas of employers across Australia and seize this opportunity to modernise long neglected migration policies. If action is not taken, ultimately Australia will be stuck in a perpetual cycle of permanent visas for higher skilled migrants congregated in capital cities, all the while skills shortages in critical sectors (agriculture, healthcare, child and aged care) and regional areas continue to worsen.

Sources

Author Profiles

chris johnston Chris Johnston, Principal Lawyer

Chris became an immigration lawyer in 2006 and founded Work Visa Lawyers in 2011.

Chris has served as SA State President for the Migration Institute of Australia (MIA) and a Director on the National Board of the MIA. The MIA is the peak professional body for migration professionals. As an active member of the MIA, Chris presently serves on its Regional Migration Subcommittee.

Chris stays abreast of policy changes and other issues relevant to the migration industry. Chris is a passionate advocate for regional employers and businesses. His prolific experience in the industry has given Chris unique insight into the issues that confront Australia’s migration program.

Learn more about Chris

trang vu Trang Vu, Lawyer

Trang became an immigration lawyer in 2015. Trang is a member of the Migration Institute of Australia and Law Society of South Australia.

Trang has a strong interest in migration reform, particularly in relation to combatting the exploitation of migrants.

Learn more about Trang

 

[1] David Crowe, The Sydney Morning Herald ‘The most in-demand occupations revealed as skills shortage strikes more industries’ 5 October 2022 <https://amp.smh.com.au/politics/federal/the-most-in-demand-occupations-revealed-as-skills-shortage-strikes-more-industries-20221005-p5bng2.html>.

[2] National Farmers’ Federation ‘Jobs Summit yields incremental gains, but a plan to fill 172,000 ag vacancies remains elusive’ 2 September 2022 <https://nff.org.au/media-release/jobs-summit-yields-incremental-gains-but-a-plan-to-fill-172000-ag-vacancies-remains-elusive/>.

[3] The Royal Australian College of General Practitioners ‘RACGP backs cutting red tape for foreign doctors’ 10 October 2022 <https://www.racgp.org.au/gp-news/media-releases/2022-media-releases-1/october-2022/racgp-backs-cutting-red-tape-for-foreign-doctors>.

[4] Administrative Appeals Tribunal ‘MRD detailed caseload statistics 2021-22’ <https://www.aat.gov.au/AAT/media/AAT/Files/Statistics/MRD-detailed-caseload-statistics-2021-22.pdf>.

Skills Shortages in Australia
Continue reading
4166 Hits
0 Comments

Sign up to our Migration Newsletter

Work Visa Lawyers works on Kaurna Land
We acknowledge and pay respect to the past, present and future Traditional Custodians and
Elders of this land and this nation, and the continuation of cultural, spiritual and educational
practices of Aboriginal and Torres Strait Islander peoples.

This site's contents are for general information purposes only
We recommend you seek advice from a Registered Migration Agent and Lawyer
(such as Work Visa Lawyers) in relation to your factual situation and relevant migration laws

Liability limited by a scheme approved under Professional Standards Legislation

Site by Adelaide Websites