With the advent of the new financial year, a series of changes to immigration and visa laws are taking place, making it easier to bring highly skilled individuals into the country. A range of measures have also been implemented to deter exploitation of vulnerable migrant workers.
Migration Amendment (Strengthening Employer Compliance) Act 2024
1st July: Changes to: The Migration Act
These changes strengthen the protection for migration workers reporting workplace exploitation, and increase the penalties for employers engaging in any such behaviour. The new law prohibits employers, labour hire intermediaries and others in the employment chain from using a person’s immigration status to exploit them.
New criminal offences
For employers to influence, pressure, or coerce someone into breaching work-related/visa conditions, or accepting an exploitative work arrangement.
– Penalty – up to 2 years in prison, or $112,680
Increased maximum criminal and civil penalties
For breaches of work-related provisions of The Migration Act.
– Penalty – up to 2 years in prison, $75,120 for civil, and $281,700 for pecuniary penalties
Register of prohibited employers
Employers who seriously, deliberately or repeatedly break the law may be prevented from employing more migrant workers for a period of time, called a prohibition declaration. The employer may be potentially listed on the Department’s Prohibited Employers Register.
– Penalty – up to 2 years in prison, $112,680, or both
Expanded powers
To issue compliance notices for suspected breaches (Penalty – $15,048)
and the power to prosecute breaches of enforceable undertakings.
Subclass 408 Workplace Justice Visa
For migrant workers who have experienced exploitation (including underpayment of wages, bullying, unfair recruitment practices, amongst others), providing them with 6–12 months grace to resolve a workplace exploitation claim.
For HR to Consider
Organisations are also liable if there is any exploitation in their supply chain, so ensuring contractors and sub-contractors comply with their obligations under workplace laws is essential. If an employee has encountered exploitation they can apply for a Workplace Justice Visa to participate in legal proceedings relating to that conduct.
Easier To Find Work And Sponsored Employees
1st July: Changes to: The Migration Regulations, Work Condition 8107, 8607 and 8608 for Employer Sponsored Visas.
If an employee on an employer sponsored work visa (subclass 482 or 494), ceases their employment with their sponsor for whatever reason, they would previously have 60 days to find a new job. This has now been extended to 180 days, and during that time they’re also allowed work for any other employer, in any occupation, making it easier for them to find employment aligned with their visa’s nominated occupation.
For HR to Consider
When hiring someone on a TSS or 494 visa, immigration advice may be required to verify past compliance with visa conditions. There will be a register of approved business sponsors published by the Department of Home Affairs to assist those looking to extend their stay.
‘Visa Hopping’ Now Gone, Sponsorship Encouraged
1st July: Changes to: Student Visas.
Holders of Visitor, Marine & Temporary Graduate visas need to be aware that they will now have to leave the country to apply for a new Student Visa. Organisations employing people on these visas will need to explore other visa pathways entirely to extend their stay.
For HR to Consider
Employers may assist their recent graduates on the Subclass 485 Temporary Graduate Visa holders by helping them with sponsorship on a work visa – securing their employment for up to 4 years on a TSS visa. To qualify, the person’s occupation must be on the skilled occupations list.
New ‘Australia Skills In Demand Visa’
Late 2024: Changes to: Subclass 482 TSS Visa
The Subclass 482 TSS Visa will be replaced by a new four-year, temporary skilled worker Visa with a pathway to permanent residency, and will have three distinct streams depending on the employee’s proposed earnings.
Specialised Skills Visa Pathway – Earning > $135,000
Expedited seven-day processed Visa for highly skilled foreign workers, excluding trades, labourers, machinery operators & drivers.
Core Skills Visa Pathway – Earning $70,000 – $135,000
Foreign workers with skills appearing on the revised ‘Skills In Demand’ list, developed by Jobs and Skills Australia.
Essential Skills Visa Pathway – Earning < $70,000
More regulated pathway for foreign workers with essential skills such as care and support workers, including a higher focus on compliance to combat exploitation.
For HR to Consider
In November 2024, however, the work experience required for the TSS 482 Visa will be reduced from two years, to one, so employers should consider sponsoring those who will become eligible at that point.
If any of the changes above affect your organisation, contact The Migration Agency for up-to-date assistance and strategic advice.
