New Agricultural Worker Visa and the benefit to UK working holiday makers
In an effort to stem the significant skill shortages being experienced by businesses operating in the primary industries sector (particularly in the wake of the pandemic), the Australian Government has created a new visa stream for agricultural workers.
What is the Agricultural visa?
The Agricultural worker visa is not a new visa subclass but instead has been inserted as a separate stream under the existing Subclass 403 (Temporary Work (International Relations)) visa. Its main purpose is to facilitate entry of foreign workers to work in horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) or forestry.
A new program known as the Australian Agricultural Worker Program (AAWP) will be introduced and managed by the Department of Foreign Affairs and Trade (DFAT). The AAWP will be based upon bilateral agreements with foreign countries and the needs of the domestic labour market in Australia. Only individuals who are foreign nationals of the countries to the bilateral agreements may seek a visa under this program and employers in Australia must have completed an accreditation process with DFAT and be an approved Temporary Activities Sponsor with the Department of Home Affairs.
What is the plus for UK working holiday makers?
The Australia-UK free trade agreement (AUKFTA) is the first bilateral agreement referencing the AAWP. Under the AUKFTA, UK working holiday makers will no longer be required to perform specified work (which includes regional work) in order to obtain a second or third working holiday visa. This is a significant benefit to the UK working holiday makers, who have often found it difficult to complete the specified work before their visa expiry.
There has been plenty of cancellation action on Immigration’s behalf for working holiday makers who have obtained their second working holiday visa without having completed the specified work. This new change will ease this burden for working holiday makers.
When is the Agricultural worker visa available?
The Agricultural Worker visa is expected to bring in workers from late 2021, with phase 1 of the program running until March 2022. Under this phase, only approved employers who are already accredited and have experience under the Pacific Australia Labour Mobility (PALM) Scheme will have access.
How we can help you
If you have had a Working Holiday visa cancelled or are interested in the Agricultural Worker Visa, contact one of our specialists to discuss appeal and next steps. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact our office.