If a client is eligible for a visa today, apply for that visa today

The winds of change are coming to migration law, it will be impossible to predict who will be the winners and losers. If a client is eligible for a visa today, then carefully consider whether that client should apply for the visa today. For example the Temporary Skilled Migration Income Threshold (TSMIT) will increase in 2023, it will not be the figure of $92,000 but the TSMIT will increase substantially from the current level of $53,900 plus superannuation. Note as a practice point the wage figure in any employment contract should never be $53,900, it should always be above that, at least $55,000 or even more, $53,900 has an aura of falsity attached to it.

The Jobs Summit  in September 2022, led to the government outlining the sort of changes under consideration:

“The Government will conduct a review of the purpose, structure and objectives of Australia’s migration system to ensure it meets the challenges of the coming decade.

The Government will also progress work to:

  • Assess the effectiveness of the skilled migration occupation lists

  • Expand pathways to permanent residency for temporary skilled sponsored workers

  • Raise the Temporary Skilled Migration Income Threshold (TSMIT) following broad engagement on equitably setting the threshold and pathway for adjustment

  • Reform the current labour market testing process following consultation with unions and business

  • Bring forward a package of reforms to address migration worker exploitation during 2023

  • Examine the potential for industry sponsorship of skilled migrants”

Then on 7 November 2022, the Minister for Home Affairs, the Hon. Clare O’Neil announced an external review “to guide a comprehensive review of Australia’s migration system”.

The actual terms of reference may be interpreted as motherhood statements but it will catalyse a change in the visa structure. Here is what the terms of reference say:

“Goal

The goal is to develop a holistic strategy that articulates the purpose, structure and objectives of Australia’s migration system to ensure it meets the national interest in the coming decades.

Task (scope)

Identify the reforms needed to create a simple, efficient migration system that can effectively:

- Enrich the economy, with a focus on productivity growth;

- Complement Australia’s education and training systems and the skills of Australians

- Unlock the potential of migrants;

- Help build Australia’s sovereign capabilities and address challenges associated with the aging population, climate change and new technology;

- Compete globally for highly skilled migrants, including by improving clients’ experience of the immigration process;

- Provide clear pathways to permanent residence and citizenship and reduce the exploitation of migrant workers; and

- Foster enhanced integration (including people, trade and supply chain links) with our international friends and partners.

The Strategy will be informed by a review of the current visa framework, including both the temporary and permanent visa programs, and the processes and systems that support the administration of that framework. In doing so, it will consider the current limitations and opportunities to reform the visa processing systems, including through digital platforms, trusted and secure identities, cyber security, and enhanced data analytics.”

Whatever happens there will be changes, inevitably the changes may lead to visa criteria getting more difficult for some if not most applicants. Expect English language skill threshold to rise.

In the shifting sands of migration law, if the client is eligible for a visa today, consider advising the client in the strongest possible terms to apply for that visa today.

The review will be undertaken by the following:

  • Dr Martin Parkinson AC PSM — Chancellor of Macquarie University and former Secretary of the Department of Prime Minister and Cabinet, Secretary to the Treasury, inaugural Secretary of the Department of Climate Change, and as an International Monetary Fund official.

  • Dr Joanna Howe — Associate Professor in Law at the University of Adelaide and a consultant with Harmers Workplace Lawyers. Dr Howe is a leading expert on the legal regulation of temporary labour migration and was appointed to the Ministerial Advisory Council on Skilled Migration in 2021.

  • Mr John Azarias — former senior partner at Deloitte in Sydney and former member of the Ministerial Advisory Council for Skilled Migration. Mr Azarias has carried out reviews commissioned by the Commonwealth Government in the areas of defence, immigration, foreign affairs and trade, and agriculture, as well as a review of the Board of Treasurers for State and Territory Treasurers

Allegra Boccabella