Work Visa Changes

WORK VISA CHANGES

Minimum Salary Increase

For cases lodged on/after 1 July 2024 the minimum salary for 482 visas will be $73,150. In addition to that, salaries must be justified based on prevailing market conditions. Immigration receives many applications and understands prevailing market salaries across many industries, so care must be taken to provide an appropriately justified salary.

From 1 July 2024 Nominations requiring labour market testing (job advertising) will need to be submitted with evidence of advertising that aligns with the new minimum salary.

Sponsored Workers Free to Change Jobs

Work limitation conditions changed for 457, 482 and 494 visas on 1 July 2024. Holders of these visas can now change employers and work for a new employer without first seeking permission from Immigration, even if the new job is different to the job they were sponsored to do. They may do this for

• A maximum of 365 days in total across their entire visa grant period.
• And up to 180 days at a time

Beyond that, the normal rules apply. The new employer will need to be an approved sponsor, will need to have a Nomination approved and if the occupational classification has changed the worker will need a new visa.

I encourage everyone to apply for sponsorship/nomination/visa well in advance.

The official new release is here: https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

Australian Employers Held to Higher Standards

The ‘Strengthening Employer Compliance Act’ commenced on 1 July 2024. This legislation is intended to ‘improve employer compliance and protect temporary migrant workers from exploitation’.

New laws include

• It is now a crime to coerce or unduly pressure a person into breaching their work-related visa conditions
• employers convicted of such offences can be temporarily banned from hiring temporary visa holders
• The names of such employers can be published on the Home Affairs website
• Fines have been increased
• More powers for Australia Border Force officers
• Work exploitation will be taken into account in visa cancellation proceedings

New tough penalties,

• Civil penalty up to $79,200
• Criminal penalties include imprisonment for up to 2 years, or a fine up to $118,800

More information is available here: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/migrant-worker-protections

More Changes to Come

The ‘Strengthening Sponsorship and Nomination Processes Bill 2024’ will commence in the foreseeable future (date yet to be set). Changes will include:

• The labour market testing (job advertising) period will be expanded from ‘within 4 months of nomination’ to 6 months
• A new visa pathway will be created called the “Skills in Demand” visa (temporary residence). It will provide options for
  • Highly skilled specialists. The minimum salary will initially be $135,000.
  • People with “Core Skills”. The minimum salary will initially be $73,150.
  • People with “Essential Skills” which isn’t defined yet & we don’t know what the minimum salary will be
• Minimum salary expectations will be increased every year, based on ABS statistics
• Sponsor details will be published on Immigration’s website (I wonder if that will actually happen, or be kept up-to-date?). The details slated for publication include name, ABN, the number of sponsored workers in their employ and what their occupations are.