Wilson Migration

417 visa & 462 visa – condition 8547 – 6 month rule
.. The Minister for Immigration, Citizenship and Multicultural Affairs has made the decision to continue the previous exemption process relating to visa condition 8547, from 1 January 2024, while consultation on the Working Holiday program settings and reform process is underway in line with the recently released Migration Strategy.

The upcoming discussion paper will look at all settings in relation to the Working Holiday program, including eligibility, visa conditions and specified work requirements. More information on the reform process will be available in early 2024.

I can advise that the following arrangements will apply from 1 January 2024 until further government decisions are made as part of the WHM reform work:

Working Holiday Makers can work for the same employer in Australia for more than 6 months without asking permission if the work is:
• in different locations and work in any one location does not exceed 6 months
• in plant and animal cultivation anywhere in Australia
• in certain industries, including aged care and disability services, fishing and pearling, tree farming and felling, construction and mining, in northern Australia only (see website for a definition of Northern Australia)
• from 17 February 2020, natural disaster recovery work
• from 4 April 2020, in critical sectors, including agriculture, food processing, health, aged and disability care and childcare, anywhere in Australia
• from 8 May 2021, in the critical sector of tourism and hospitality anywhere in Australia

For any other situations not covered above, Working Holiday Makers must ask for our permission to work longer than 6 months with one employer.

How to apply for Condition 8547 extensions
The new webform to apply for these extensions is expected to be operational tomorrow 22 December 2023.

In the meantime Home Affairs has confirmed that it will action any applications made using the policy in Legend.

Requests for permission should:
• be made at least two weeks before the expiry of the six month work period; and
• be in writing, preferably using Form 1445 Request permission to work with an employer beyond six months on a Working Holiday or Work and Holiday visa (form will download)
or
• or by emailing the Department and
• specify when they commenced working with their employer and when the six month period will end; and
• give full details of the ‘limited circumstances’ in which they are seeking permission to work longer than six months; and
• specify how long they wish to continue working for their employer; and
• provide supporting documentation from the employer, for example, a one-page letter on company letterhead outlining the exceptional circumstances.

For those who have already submitted a request for approval to work for longer than 6 months for the same employer, they can continue working for the same employer until they receive a written outcome of their request.

Increase in Fees and Charges – Budget May 2023
Home Affairs will increase Visa Application Charges (VACs) from 1 July 2023.
Visa Application Charges will rise by between 6% and 40%, typically 15% across Visitor, Working Holiday, temporary work, training visas, 6% across other visa subclasses.

Further to last weeks announcements for Skilled Migration Review, permanent pathways for short term occupations should be announced by the end of 2023.

Last week Clare O'Neil, Minister for Home Affairs released the Review of the Migration System
 View the full report - Review of the Migration System https://www.homeaffairs.gov.au/reports-and-pubs/files/review-migration-system-final-report.pdf?fbclid=IwAR3ZrlTdh1dP4lcy3V5nGqSjN_Hrl3WpTBYjUXVF8l1pkbuNtR11GrDSFwA

Key points from the Review
• Increase the Temporary Skilled Migration Income Threshold (TSMIT) to $70,000 from $53,900 per annum from 01 July 2023 (482, 494, 186 visa programs)
• New points system for skilled migration programs
• Permanent Residency pathways for all temporary visa holders
• Labour Market Testing requirement to be removed
• changes to Parent visa program processing to avoid further backlogs.
• Review of a more attractive temporary Parent visa
• Students visa program to be revised
• Changes to Temporary Graduate visa product after studies are completed

www.homeaffairs.gov.au

More than 300,000 New Zealand citizens currently residing in Australia will have direct access to apply for Australian citizenship by conferral from 1 July 2023.

This change reflects the long-standing, close and special bilateral relationship between our two nations.

Learn more: https://immi.homeaffairs.gov.au/entering-and-leaving-australia/new-zealand-citizens/overview