The Future of Skilled Migration in Australia

The Australian Federal Parliament Joint Standing Committee on Migration, chaired by Liberal MP Julian Leeser made 18 recommendations that could see a significant overhaul of the current Skilled Migration System if accepted. 

A summary of the final report as published on the Australian Federal Parliament’s website are as follows:

 

Recommendation 1 

The federal government to develop a dynamic workforce plan that would coordinate the effort of State and Federal governments to ensure Australia’s persistent skills shortages and future workforce needs are addressed through Australia’s higher education and vocational education systems, employment services and the skilled migration program. 

 Recommendation 2

The National Skills Commission should develop a new occupation and/or skills identification system for the skilled migration program in consultation with industry to replace ANZSCO. The new system should be more flexible to adapt to emerging labour market needs, with consideration given to how the new system would integrate with other functions of government currently utilising the ANZSCO.

 Recommendation 3

Develop accepted definition of acute skills shortages and persistent skills shortages by taking into account: 

  • Recruitment difficulty

  • Length of time the shortage has existed

  • Number of job vacancies and the geographic spread of vacancies

  • Criticality of the occupation if left unfilled (e.g. nurses and general practitioners)

  • Criticality of the occupation to temporary circumstances (e.g. bushfires, floods or pandemics).

  • Provide employers looking to fill jobs on the PMSOL with more streamlined processes.

Recommendation 4

The Medium and Long Terms Strategic Skills List (MLTSSL) and Short Term Skilled Occupation List (STSOL) is consolidated into one list – the Skilled Occupation List (SOL).

Recommendation 5

At the conclusion of the pandemic, PMSOL is replaced with APSSL, Acute and Persistent Skills Shortage List.

Recommendation 6

The skills list be regularly reviewed.

Recommendation 7

The Department should change the visa conditions for the short-term stream of the Temporary Skills Shortage visa (subclass 482) to provide a pathway to permanent residency for temporary migrants, including all employer nominated visas should provide the option of a pathway to permanency. The length of time to permanency and the conditions involved may vary from visa to visa with, for instance, applicants in lower-skilled occupations taking longer to reach permanency than more highly skilled visa holders.

Recommendation 8

Further concessions for temporary regional visas, including:

  • Labour Market Testing advertising can be up to 12 months before lodging a nomination application;

  • Raise the age limit to 50;

  • English language requirements at vocational English;

  • Reduction of prior experience required in occupation to 2 years; and

  • Priority visa processing.

Recommendation 9

The Government should revisit the recommendations of the Review of the Temporary Skilled Migrant Income Threshold (TSMIT) (2017) in order to increase the TSMIT. Such a change should be made with consideration of exemptions or different rates for jobs in regional areas.

Recommendation 10

The Government consider changes to subclass 485, post- study work arrangements for a subset of international student graduates where those graduates have:

  • Undertaken a university course (or a course run by a reputable non- university higher education provider) leading to a job in an occupation with a persistent skills shortage

  • Demonstrated excellence for instance by graduating in the top ten per cent of all graduates in their course or achieving first class honours

  • Met relevant English language standards

  • On graduation, worked in a job that is relevant to their field of study with a persistent skills shortage

Such graduates would be eligible for a discount on the work experience component for permanent residency under the employer nominated scheme from three years to two years.

For graduates applying for a points-based visa, additional points could be awarded for those graduates meeting the above criteria.

The Government should also consider longer temporary graduate visas of three years to provide time and flexibility for graduates to find work.

As a special integrity measure the Tertiary Education Quality and Standards Agency should undertake special and regular audits of the assessment of excellence measure to ensure standards are maintained.

Recommendation 11

Enabling intra-company transfer of executive employees of multinational companies to Australia where necessary for these companies to expand their operations in Australia. Streamlining should include an exemption from labour market testing. This measure should be subject to other strict integrity measures. Consideration should be given to whether a separate visa category is necessary to enable intra-company executive transfers.

Recommendation 12

The Department updates their visa processing system to ensure a more streamlined visa application process for applicants and employers.

Recommendation 13

The Department undertake to improve their customer service in the skilled migration program with consideration given to:

  • Establishing industry liaison officers to assist businesses in navigating the skilled migration program and provide feedback to the Department on emerging conditions in industry

  • Provision of a specialist triage system to provide advice on complex visa applications including

  • Making officials available to discuss visa applications over the phone

  • Allowing skilled visa applicants and employers the opportunity to correct minor discrepancies without having to restart the application.

Recommendation 14

The Government temporarily extend the timeframe for employers to undertake Labour Market Testing prior to nomination from 4 months to 6 months during the pandemic recovery.

 

Recommendation 15

The Government exempt businesses from Labour Market Testing when a 457 or 482 visa holder has been employed in the position on a full-time basis for twelve months or more and prior to their lodgement of a subsequent visa application or a permanent residence application.

 

Recommendation 16

Employers should be exempt from paying the Skilling Australia Fund levy twice for the same applicant, or for a subsequent visa, where the employer has already paid the Skilling Australia Fund levy for that employee.

 

Recommendation 17

Universities should be exempt from the Skilling Australia Fund levy.

 

Recommendation 18

The Government guarantee a refund of the Skilling Australia Fund levy where the visa application is unsuccessful and where there is no evidence of fraud on the part of the sponsor or applicant.

 

How Can Agape Henry Crux Help

To find out how you can prepare for these changes, speak to one of our specialists. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Japanese, Mandarin, Cantonese, Indonesian, and Malay. If this isn’t your language, we can also help you arrange an interpreter.

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