Australia | Immigration | LMT Exemption for UK nationals | Australia-India Migration and Mobility Partnership Arrangement | Reminder of 1 July Changes

9 June 2023

Australia | LMT Exemption for UK nationals |Australia-India Migration and Mobility Partnership Arrangement | Reminder of 1 July Changes

Summary

The Australia-UK Free Trade Agreement (AUKFTA) entered into force on 31 May 2023. In addition to the commitments for new future visa types, UK citizens and permanent residents are now exempted from current labour market testing (LMT) requirements for Temporary Skills Shortage visa applications.

On 24 May 2023, Australian Prime Minister Anthony Albanese and Indian Prime Minister Narendra Modi exchanged the signed Migration and Mobility Partnership Agreement (MMPA) to facilitate mobility of students, academics and researchers and migration for professional and economic reasons.

The detail

LMT exemption for UK nationals and other effects of the AUKFTA

On 31 May 2023 the Australia-UK Free Trade Agreement (AUKFTA) entered into force.

From an immigration perspective, the most relevant impacts of the AUKFTA are as follows:

• UK nationals (and permanent residents) are now exempted from LMT requirements for Temporary Skills Shortage (subclass 482) applications
• From 1 July 2023, UK passport holders will be eligible to apply for a Working Holiday visa if they are between the ages of 18 and 35 years inclusive (up from the current maximum age of 30 years)
• From 1 July 2024, UK passport holders will be eligible to be granted up to 3 Working Holiday visas (valid for 12 months each) without having to meet any specified work requirements
• From 25 September 2023 a new visa pathway for innovators and early career development will be piloted for UK citizens, capped at 1000 in the first year, rising to 2000 the second year, after which it will be reviewed for future implementation
• New visa pathways will become available for workers in the agricultural sector to facilitate mobility for those involved in agricultural work
• Stronger recognition of professional qualifications between Australia and the UK and increased collaboration between UK and Australian accreditation and regulatory bodies for providers of professional services will be introduced.

Australia India Migration and Mobility Partnership Arrangement

Reinforcing the economic and people to people ties between Australia and India, Prime Minister Anthony Albanese and Prime Minister Narendra Modi exchanged a signed Letter of Intent on 24th May 2023 regarding a Migration and Mobility Partnership Arrangement (MMPA).

Benefits for Indian nationals looking to come to Australia include:

• A pilot program, the Mobility Arrangement for Talented Early Professionals Scheme (known as MATES) will annually allow 3000 of India’s top graduates and early career professionals with expertise in fields such as IT and artificial intelligence, mining, fintech, engineering, agritech and green energy to work and stay in Australia for up to two years
• Under the new scheme, from 1 July 2023, Indian nationals graduating from Australian tertiary institutions on a student visa can apply to work and pursue professional development without visa sponsorship for up to eight years.

As the MATES program is yet to be implemented, details regarding the program will be shared as soon as it is available.

Reminder of 1 July 2023 Changes

As a reminder, from 1 July 2023 the following changes will occur:

• The Temporary Skilled Migration Income Threshold (TSMIT) will increase from $53,900 to $70,000 for Temporary Skills Shortage nomination applications lodged after this date
• Student visa work restrictions will be re-introduced and capped at an increased rate of 48 hours per fortnight
• Work restrictions will be re-introduced for Training visa (subclass 407) secondary visa holders Working holiday visa holders (subclass 417 and 462) will be again limited to working for up to 6 months for any one employer
• New Zealanders who have been living in Australia for four years or more will be eligible to apply directly for Australian citizenship without having to apply for a permanent visa first
• Visa application charges will increase, for most visas, by 6% or 15%
• 485 visa holders with eligible qualifications will be granted an additional two years of post-study work rights.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

• Stacey Tsui, Immigration Partner | stacey.tsui@vialto.com
• Annalisa Symons, Immigration Director | annalisa.symons@vialto.com
• Rachel Williamson, Immigration Director | rachel.williamson@vialto.com
• Fariha Islam, Immigration Director | fariha.islam@vialto.com
• Arathi Tekkam, Immigration Senior Manager | arathi.tekkam@vialto.com
• Merridy Parr, Immigration Senior Manager | merridy.a.parr@vialto.com 
• John O’Brien, Immigration Senior Manager | john.d.obrien@vialto.com
• Ben Reid, Immigration Senior Manager | ben.reid@vialto.com
• Dee Le, Immigration Manager | dee.t.le@vialto.com
• Krishneel Ram, Immigration Manager | krishneel.ram@vialto.com

Further information on Vialto Partners can be found here: www.vialtopartners.com

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Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

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Further information on Vialto Partners can be found here: www.vialtopartners.com

Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

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