March 2023
Immigration
Impact: High
Summary
The Home Affairs Minister announced a number of changes in relation to international students, graduates and working holiday visa holders work rights and visa validity from 1 July 2023.
The Detail
Home Affairs Minister Clare O’Neil and Minister for Education Jason Clare jointly announced a number of changes affecting student and graduate visa holders.
Working hour cap to be increased for student visas
COVID related concessions allowing student visa holders and their dependents to work unrestricted hours are set to end on 30 June 2023.
However, whilst the working hour cap will return from 1st July 2023, it will be increased to a maximum of 48 hours per fortnight.
Working Holiday visa update
The 6 month work limitation for Working Holiday visa holders will come back into effect from 1 July 2023.
Any work that is carried out before 1 July 2023 will not be counted towards the 6-month limitation period. This means that from 1 July 2023 onwards, Working Holiday visa holders may work for any employer for up to an additional 6 months even if they worked for that same employer before 1 July 2023.
Extended post-study work rights for international students graduating with eligible qualifications
International students who have graduated from an Australian higher education provider will have their post-study work rights extended in order to address skill shortages in Australia.
The target sectors include health, education, engineering and technology occupations. The extension of work rights will come into effect from 1 July 2023 and will increase current validity periods by two years for each level:
Existing validity periods for regional and remote Australia will be maintained, and where relevant, applicants will also be eligible for the additional two years.
A list of the indicative eligible qualifications list can be found here: https://www.education.gov.au/extended-poststudy-work-rights-international-graduates/resources/list-occupations-and-qualifications-eligible-poststudy-work-rights-extension
Transitional arrangements for other graduates – Two year 408 visa
Temporary Graduate visa holders in Australia may be eligible for a subclass 408 Pandemic Event visa with a two year period of stay if:
Applicants must have an offer of employment and apply 90 days before their Temporary Graduate visa expires, or 28 days after expiry to be eligible for a Subclass 408 Pandemic Event visa.
However, if applicants are granted a 408 Pandemic Event visa, they will not be eligible to then apply separately for an extended Temporary Graduate visa.
Recommendations
Employers and organisations with the above cohort of visa holders should discuss options to extend current visa validity periods with visa holders.
How we can help
If you employ visa holders from the above cohort of visa holders or may be otherwise impacted by these changes, please contact your Vialto Partners contact to discuss your situation further.
Contact us
For a further discussion on the above, please reach out to your Vialto Partners point of contact.
Further information on Vialto Partners can be found here: www.vialtopartners.com
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