Australia & New Zealand. Redefining Your Immigration Strategy Amongst a Sea of Change

Transcription

1 Australia & New Zealand Redefining Your Immigration Strategy Amongst a Sea of Change 1

2 With You Today Insert picture Insert picture Sasko Markovski Partner Sydney, Australia Chris Spentzaris Partner Melbourne, Australia 2

3 Australia/New Zealand Australia Overview of recent changes to 457 and ENS permanent residence categories Impact of changes to existing 457 population and mobility programs Planning for upcoming changes in July and March New Zealand update Q&A 3

4 The current political landscape We are putting Australians and Australian jobs and Australian values and Australia s national interest first "The fact remains Australian workers must have priority for Australian jobs" "We will no longer allow 457 visas to be passports to jobs that could and should go to Australians. PM Turnbull, 18 April 2017 These occupations have been restricted and removed on the basis of their historically low visa grant rates, Australian citizenship requirements and advice from the Department of Employment concerning their appropriateness for this list. Explanatory Statement to legislative instrument of new occupation lists 4

5 The reaction in the media 5

6 457 VISA PROGRAM CHANGES 6

7 Timeline of reforms 457 program 19 April July 2017 December 2017 March 2018 Short Term Skilled Occupation List - STSOL (2 years visa period) Medium to Long Term Strategic Skilled Occupation List - MLTSSL (4 years visa period) 216 fewer occupations for 457 visa and some employer sponsored PR applications Removal of 457 English exemption due to salary Mandatory police clearances for 457 visas Additional information being gathered on nomination forms Publication of sponsors who fail to meet Subclass 457 sponsorship obligations Increased data sharing between DIBP and ATO Temporary Skill Shortage (TSS) visa replaces 457 visa Introduction of Training levy 59 caveats imposing additional requirements to specific occupations 7

8 Removed occupations include: Removed occupations Market Research Analyst Web Developer Human Resource Advisor Training and development professional Policy and Planning Manager Biochemist Chemical Engineer Driller Electronic Engineering Technician ICT Support and Test Engineers nec Public Relations Manager Research & Development Manager 8

9 Additional requirements placed on the nomination of certain occupations Caveats Designed to ensure nominated roles are skilled and address potential genuineness issues. Three main groups; What are they? Caveats relating to work experience only Caveats relating to location of role Occupation specific caveats 9

10 Work experience Minimum of 2 years work experience required for roles of eg, Advertising Specialist, ICT Project Manager, Software Tester Caveats Examples Location requirement Mainly relates to primary industry role needs to be in a regional areas, eg Farmers Occupation Specific, eg CEO / Managing Director: Turnover AUD1M More than 5 employees Base salary above AUD90,000 Marketing Specialist: Not a front-line retail setting Turnover > AUD1M Base salary above AUD 65,000 10

11 Impact on current 457 visa holders Current 457 visa holders will continue to hold their visa and can remain in Australia until their visas expire Subclass 457 visa program is still in place until March 2018, when the new Temporary Skill Shortage (TSS) visa comes in effect Additional tightening of 457 requirements between now and March 2018 Ability of some existing 457 visa holders to apply for a further visa (incl 457 or TSS visa), change their approved occupation or apply for permanent residence may be impacted 11

12 Additional 457 requirements: 1 July Before 1 July From 1 July English proficiency Exemption available where base salary above $96,400 English proficiency Salary exemption removed Other exemptions still available id studied in English for 5 years, or hold passport from UK, US, Canada, New Zealand or Ireland Police Clearances Not required unless disclosure made in application relating to character Police Clearances Required for all applicants (likely to include family members), and likely to be for each country where individual has lived for at least 12 months over past 10 years 12

13 March 2018 Temporary Skill Shortage (TSS) Visa Short-term stream Max 2 years Medium-term stream Max 4 years Occupation on short term list (additional occupations for regional Australia) Occupation on long term list (additional occupations for regional Australia) Minimum English requirement of IELTS 5 overall (with a minimum score of 4.5 in each component) Minimum English requirement of IELTS 5 overall (with a minimum score of 5 in each component) Limited to one renewal onshore Able to be renewed onshore No PR pathway PR pathway directly or after 3 years 13

14 TSS: additional requirements Work experience: Minimum two year work experience requirement Character: Mandatory police checks Market salary: Meet the market salary rate + minimum salary threshold (TSMIT) Labour Market Testing: Mandatory labour market testing, unless an international trade agreement applies Workforce: A test to ensure employers are not actively discriminating against Australian workers 14

15 Impact of 457 changes on mobility programs Permanent / one-way assignments? year visas only for majority of occupations under TSS Ongoing review of occupation lists STSOL - every 6 months commencing 1 July MLTSSL - every 12 months commencing 1 July English language & character testing English is not the native language in 8 of the top 15 countries for 457 primary visa grants (by citizenship) in What if the assignee doesn t meet the English test? Lead time for 457 / TSS applications takes time for English & police checks Work experience requirements Graduate rotations not possible Review position description to meet caveat requirements 15

16 ENS CHANGES 1

17 ENS criteria before March 2018 Temporary Residence Transition Direct Entry Sponsor has met training benchmarks Offer of employment for further 2 years Remuneration meets market rates STSOL occupation Same sponsor, same occupation for 2 out of the last 3 years Formal skills assessment + 3 years work experience Unless: Salary >$180,001 - NZ Citizen/461 holder (must have worked for same sponsor, same occupation for 2 out of the last 3 years) Under 50 unless exemption applies for high income earner Under 50, and under 45 from 1 July 2017, unless NZ Citizen/461 holder Vocational English Competent English All applicants meet character requirements and English as applicable 17

18 Timeline of reforms ENS (PR) 19 April July 2017 March 2018 Occupations: New 186 Direct Entry (DE) applications can no longer be lodged where occupation has been removed or subject to a caveat preventing use under ENS Temporary Residence Transition Stream (TRTS) applications can still be lodged Occupations: Further review of STSOL and MLTSSL which may further impact on 186 DE eligibility Age limit of 45 for DE English: English requirement for TRTS will increase to IELTS 6 MLTSSL occupations only Age limit of 45 3 year eligibility period under TRTS 3 years work experience Market salary: Meet the minimum market salary rate + TSMIT Training levy $5000 (business with >$10m t/over) additional cost : 18

19 1. Contextual Factors New Zealand 2. Overview of Skilled Migrant Category Residence Visa and changes 3. Overview of Essential Skills Temporary Visa and proposed changes 4. Other Changes and Impacts 19

20 2 Context Net migration gains Election year Changes to both temporary and permanent migration settings

21 Skilled Migrant Category (SMC) Residence Visa changes SMC is a points system based on factors such as age, work experience, qualifications and offer of skilled employment Introduction of remuneration thresholds More points for skilled work experience, recognised post graduate qualifications and applicants age Points no longer available for areas of absolute skills shortage, Identified Future Growth Areas and close family ties in New Zealand Implementation mid-august

22 Essential Skills (ES) Temporary Work Visa Review The Essential Skills is a temporary work visa for those who have been offered employment in New Zealand Proposals for public consultation, which Cabinet have agreed to in principle, include: Remuneration thresholds Maximum duration of three years for lower-skilled ES - visa holders, with minimum stand down period Aligning ability of ES visa holders to bring their children and partners with new skill levels Implementation in August

23 Other Changes and Overall Impact South Island Contribution Visa Changes to the Investor 2 visa Limit number of migrants Improve skill composition Improve investor requirements One off South Island residence pathway Better manage residence expectations in the future 23

24 Visit: Fragomen.com Disclaimer: this presentation is provided for general information only. The information does not provide advice for your specific needs and cannot therefore be relied upon. Please seek professional guidance for your specific circumstances. 24