Western Australia (WA), South Australia (SA) and Victoria (VIC) are offering cash incentives for migrants for occupations in healthcare and construction. If you are a health worker or a construction worker, the opportunity is now. You can get the incentive if you move to their state and take up a job. If you have friends or family in construction or health care, then tell them about these amazing offers.

Welcome to our August Australian Immigration News, where we bring you crucial updates on changes in Australian immigration. In this edition, we cover a range of topics, including alterations to the 189 and 190 visas, state nominations, 408 pandemic visa, cash incentives offered by states for specific occupations, VETASSESS Skill Assessment, Parent visa program, English testing modifications, Aged Care Agreement and more. For detailed information on all visas, visit Work Visa Lawyers. 

There’s good news for Australian aged care providers who are struggling to meet the growing demand for skilled workers!

Aged care workers no doubt play a crucial role in supporting and caring for Australia’s ageing population. Aged care providers can now request an Aged Care Industry Labour Agreement (“ACILA”), which aims to help address the serious and ongoing shortage of workers all throughout Australia.

What does this labour agreement offer?

Under the ACILA, approved aged care providers can nominate skilled workers for certain employer-sponsored visas, to work in direct care occupations such as:

• Nursing Support Worker

• Personal Care Assistant

• Aged or Disabled Carer

Registered Nurse and Enrolled Nurse occupations are not included in this Agreement.

What do employers need to do?

Firstly, aged care providers who want to access this labour agreement must consult with and enter into a Memorandum of Understanding (MOU) with the relevant union(s):

• Australian Nursing and Midwifery Federation
• Health Services Union
• United Workers Union

The relevant union for the MOU will depend on the occupation group(s) being sought, service settings (residential or home care) and the state/territory where services are provided. In some instances, more than one union could be party to the MOU.

After an MOU is signed, aged care providers can proceed to request a Labour Agreement by making an application to the Department of Home Affairs.

What visas are available under this agreement?

Employers can either sponsor a skilled worker for:

• Temporary Skill Shortage TSS (SC 482) - provisional visa valid for up to four years

For eligible applicants who hold a relevant AQF Certificate III or equivalent OR have one year of relevant work experience (to substitute for the formal qualification)

No extra work experience is required in addition to the above.

A permanent residency pathway can be available to sponsored workers who demonstrate at least 2 years of full-time experience in the nominated occupation in Australia.

• Employer Nomination Scheme ENS (SC 186) – permanent visa

Those who have already worked in aged care in Australia could access a shorter, direct path to permanent residency (PR).

Applicants who possess two years’ experience in a directly relevant occupation (not tied to a particular employer or visa subclass) may be nominated for a permanent 186 visa.

This work experience must have been undertaken in Australia (meaning overseas experience does not count). 

For both TSS and ENS visas, work experience needs to be relevant to the nominated occupation (at the required skill level), full-time or otherwise part-time pro rata, and undertaken in the last five years.

Advantages of Aged Care Industry Labour Agreement vs Designated Area Migration Agreement (DAMA)

1. Salary concession

The Temporary Skilled Migration Income Threshold TSMIT for employer sponsored visas is set at $70,000 (or at least $63,000 if salary concession is available under a DAMA).

Compared to this, the minimum salary under the Aged Care Industry Labour Agreement is AUD $51,222. 

2. Certainty in occupations available

The Agreement covers a range of lower-skilled and semi-skilled roles within the aged care industry, namely Personal Care Assistants, Aged or Disabled Carers, and Nursing Support Workers.  These roles are no doubt essential for ensuring quality care and continuity of care. 

Compared to this, not all regional areas covered by a DAMA contain all of these occupations.

3. Direct PR pathway

The Aged Care Industry Labour Agreement can offer a quicker path to PR for those who already have relevant Australian work experience in the aged care industry.

Work Visa Lawyers has supported many businesses across Australia to negotiate and enter into labour agreements including DAMAs, industry and company specific. If your sponsorship needs are not currently being filled by the standard migration program, we are here to help.

FAQS

Do I need a skills assessment?

Applicants do not need a positive skills assessment, if they hold a relevant AQF qualification that was completed in Australia.

A relevant skills assessment for the nominated occupation is required for applicants who have an overseas qualification or are relying on work experience to substitute for a formal qualification.

Should I get a Student visa to study Aged Care?

Aged care studies may not be the preferred option, because it does not directly lead to visa options in the standard migration program. You might instead consider studies in a field with more migration pathways.

The aged care occupations are not currently on Australia’s skilled occupation list. This means visa options are limited for aged care workers.

For instance, there are no General Skilled Migration pathways (points-based visas Skilled visas such as 189, 491 or 190).  

Employer sponsored visas are only available under certain Designated Area Migration Agreements, or otherwise the Aged Care Industry Labour Agreement. A challenge could be finding a sponsoring employer willing to nominate you for a visa.

A family member or friend in Australia wants to sponsor me, to provide aged care support services. Can they apply for an Aged Care Industry Labour Agreement?

No, only Australian aged care providers can access an Aged Care Industry Labour Agreement.

An approved provider is an organisation that has been approved by the Aged Care Quality and Safety Commission, to deliver Australian Government subsidised home, residential or flexible care services to older Australians.

Your family member or friend might instead consider accessing those services through an aged care provider that you work for.

How do I find a sponsor for the Aged Care Industry Labour Agreement? 

These are some approaches you can try:

1. Search popular recruitment websites such as Seek or Indeed. You could include search terms such as “DAMA”, “sponsorship”.
2. Speak with those in your networks. Perhaps you have a friend or coworker working in aged care who can recommend or refer you
3. At the time of publication, this is the list of current Aged Care Industry Labour Agreements:

• Curtin Heritage Living Inc.
• Uniting NSW.ACT
• TLC Aged Care Pty Ltd
• Fremantle Italian Aged Persons Services Association Inc

The Department of Home Affairs also publishes a list of current labour agreements here (but this may not be regularly updated though): https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/labour-agreements/list-of-current-labour-agreements  

I’m 45 years old (or over), can I apply for permanent residency through an Aged Care Industry Labour Agreement?

Unfortunately not. The ACILA does not offer a concession to the age limit for PR (186 visa), and applicants must be under 45 when they apply for this visa.

What concessions are available under the Aged Care Industry Labour Agreement?

Salary

A reduced TSMIT applies - $51,222 per annum.

English

English requirements depend on whether the aged care provider is CALD (Culturally and Linguistically Diverse) or not.

Those sponsored by CALD providers must achieve:

• 482 visa – overall IELTS 4.5 (or equivalent) with no minimum scores in each band
• 186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band

Those sponsored by non-CALD providers must achieve:

• 482 visa - IELTS 5.0 (or equivalent) with minimum of 5.0 for Speaking and Listening, and 4.5 for Reading and Writing.
• 186 visa – overall IELTS 5.5 (or equivalent) with no minimum scores in each band

Sources

https://www.agedcarequality.gov.au/providers/becoming-approved-aged-care-provider

https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/recent-changes/new-aged-care-industry-labour-agreement

https://www.homeaffairs.gov.au/foi/files/2023/fa-230601478-document-released.PDF

***

How can Work Visa Lawyers help?

If you needs help with this visa, Work Visa Lawyers can assist you.

Work Visa Lawyers is highly experienced in all parts of an employer-sponsored visa application process. We are able to assist with all aspects of the application, and will provide an eligibility assessment before advising you to proceed with a visa application.

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.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent (like Work Visa Lawyers) to form an informed opinion on your immigration matter.

There are big news in relation to New Zealanders

New Direct Pathway to Australian Citizenship for eligible New Zealand citizens.

From 1 July 2023, New Zealand citizens who are long-term residents of Australia will be able to apply for Australian citizenship without first having to obtain a permanent visa

New Zealand citizens in Australia will be able to apply for citizenship after four years of residence in Australia without having to obtain a permanent visa first.

This will be viewed favourably by many New Zealand Citizens.  

There may be some talent drain from NZ, plus migrating to NZ just got a whole lot more attractive!

When Will the Australian Citizenship Changes for NZ start?

From 1 July 2023.

Children of New Zealanders born in Australia – straight to Citizenship

From 1 July 2023, any child born in Australia on or after 1 July 2022 to an special category 444 holder - may at birth automatically acquire Australian citizenship.

Please note, the changes effectively backdate eligibility to 1 July 2022. 

Positives for Australia from Giving Access to Citizenship to NZ Citizens:

How will the changes to NZ eligibility to Australian Citizenship be effected?

The changes will be effected through the residence requirements for Citizenship by Conferral in the Australian Citizenship Act 2007.

To meet the general residence requirement an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application.

From 1 July 2023, directy from the Home Affairs Website:

• “All New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes.
• New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
• New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.”

Positives of NZ eligibility to Australian Citizenship for Australia:

The changes will provide a strong incentive for New Zealanders to consider moving to Australia.

Negatives for of NZ eligibility to Australian Citizenship for Australia:

There is no cap or control on how many NZ turn up on temporary work visas – the Special Category Visa 444. So this move could put pressure on:

-          Housing

-          Infrastructure

Australia’s rugby teams will improve!

Negatives of Australian Citizenship changes of 2023 for New Zealand?

New Zealand will face the challenge of a brain drain or loss of talent to Australia.

Living in South Australia, this is a challenge for where many young people choose to move to Melbourne and Sydney for employment or the bright lights.

Unfortuntately, NZ may experience the negatives of many of its young adults choosing to go to Australia.

Positives for New Zealand in Giving Access to Australia Citizenship:

New Zealand Citizens will be able to feel more confident about having a real future for themselves and their children in Australia. 

There the announcement that the TSMIT, or Temporary Salary Minimum Income Threshold, will go up from 1 July 2023, from $53,900 to $70,000.
The TSMIT questions are going to start with the simple ones and get increasingly more complicated.

Watch the video below to have your questions answered:

Question 1:

I Holding a 482 visa granted in March 2022, with a salary of 55,000 and my Visa expires in March 2026. Will my salary go up to the new TSMIT of $70,000 from 1 July 2023?

A: Sorry to break the bad news, that for existing 482 holders your salary will not go up from 1 July 2023.

Question 2:

Do I have to lodge both my nomination and visa applications before 1 July 2023 if my salary is under $70,000?

A: No, the TSMIT is only a nomination requirement. As long as the nomination is lodged before 1 July 2023, the visa can be lodged after that.

Question 3:

Working holding the 482 visa since October 2020, my employer is planning to sponsor me for 186 temporary residence transition stream once I meet three years on the 482 in . I am a veterinary nurse* earning just above award $55,000, will the TSMIT apply to my new 186 TRT application?


A:  Your salary of $55,000 would not meet the nomination requirements for 186 TRT after 1 July 2023. Your employer would need to nominate a salary of at least $70,000. This may even extend to certain applications for 186 under the labour agreement stream.

A short-term occupation can access due to working 12 months between 1 February 2020 and 14 December 2021,
clause 8 of LIN 22/038 https://www.legislation.gov.au/Details/F2022L00340

Question 4

Will the income requirement for 491 visa holders, in terms of applying for a 191 visa, be subject to the TSMIT going up to $70,000?

A: The income requirement is to be provided by 191.222(3) which provide the Minister may, by legislative instrument, specify an amount. The Minister is yet to put a legislative instrument in place for the 191 visa. This means that there is a legislative vacuum or lack of details on what the salary amount might be. This lack of criteria could lead to any and many refusals being appealed to the AAT and courts and could ultimately cost the Australian government and taxpayers millions in cost. Not to mention all the lives put on hold and legal fees paid by those appealing. Let’s hope a legislative instrument is put in place soon. What is the saying - A stitch in time saves nine. If you would like to take some active steps to encourage the Department of Home Affairs to clarify the situation, then you could ask your local Federal Politician to contac the Minister of Immigration. 

Click here to acess the list of Federal Politicians

Work Visa Lawyers is doing what it can to encourage clarification on this issue. We have asked the peak professional membership body for migration professionals, the Migration Institute of Australia to raise the 191 salary issue. We have also directly emailed the Department of Home Affairs General Skilled Migration section to raise the 191 salary issue. Thanks for your questions. We will do further posts on the 191 visa requirements as soon as details become available. We do our best to bring all the latest updates and most relevant news for potential migrants.

We are also now on Tiktok for on the spot short updates

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