Eligibility Criteria and Visa Condition for New Australian Agricultural Worker Visa

The Australian Government has amended the Migration Regulations to create the Australian Agriculture Worker Visa to provide for a new agriculture visa to help secure the future of rural and regional Australia.

The new agriculture visa will supplement the existing Pacific Australia Labour Mobility Scheme (“PALM Scheme”). This Pacific program will remain the primary scheme for meeting agricultural workforce shortages, especially this summer peak harvest season.

A new stream will be available under the existing subclass 403 visa to sponsored applicants who wish to participate in the Australian Agricultural Worker Program (“AAWP”) and will provide entry to workers for the primary industry sectors, including horticulture, dairy, wool, grains, meat processing, fisheries and forestry.

As with the Seasonal Worker Program and the Pacific Labour Scheme streams, employers participating in the AAWP will be required to have completed the accreditation process approved by DAFT and to be a temporary activities sponsor.

Who is Eligible for the New Agricultural Worker Visa?

The Department of Foreign Affairs and Trade (“DFAT”) will manage the AAWP and will negotiate bilateral agreements with foreign governments for the program. Only visa applicants from countries that are a party to an AAWP agreement may participate in this program.

The Australia - United Kingdom Free Trade Agreement (AUKFTA) is the first bilateral agreement that includes AAWP arrangements. Under this agreement UK Working Holiday Maker (WHM) visa holders will no longer be required to carry our specified work including agricultural work to be eligible for second and third Australian WHM visas. More countries will be added to the AAWP once further agreements are negotiated.

What Visa Condition Apply to the New Agricultural Worker Visa?

Condition 8611 is the main feature applicable to sponsored AAWP visa holders. They will be able to work for employers other than the sponsoring employer with the permission of DFAT. 

Permission may be granted in cases where the sponsor does not have work for the visa holder for a time and other labour shortages exist or where exploitation of workers by the sponsor has been identified.

Does Travel Bans Apply?

All incoming workers will be required to undertake quarantine, which will be arranged in close consultation with industry, as well as state and territory governments and their Chief Health Officers. 

Quarantine pathways will be established in line with the National Plan to transition Australia’s National COVID-19 Response. The number of people arriving under the Australian agriculture visa is expected to be limited in 2021 due to quarantine constraints but will progressively increase in 2022.

How Long is the Agricultural Worker Visa Valid for?

This new visa will be valid for up to 4 years with multiple entries and defined annual maximum stays of 7 or 10 months in any 12-month period.

How can Agape Henry Crux Help You? 

If you want to find out more, please do not hesitate to contact us. 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.