Australian Immigration Daily News

Purpose and structure of the Bill

The purpose of the Migration Amendment (Protecting Migrant Workers) Bill 2021 (the Bill) is to amend the Migration Act 1958 to:

• establish new criminal offences and civil penalties that will apply where a person coerces or exerts undue influence or pressure on a non-citizen to agree to certain work arrangements

• introduce a power to prohibit employers who are subject to a specified sanction from employing additional non-citizens (other than permanent residents) for a specified time period

• require employers to use the Visa Entitlement Verification Online (VEVO) system to verify prospective workers’ immigration status and work-related visa conditions

• align and increase penalties for certain work-related offences and civil penalty provisions and

• provide the Australian Border Force (ABF) with regulatory powers in relation to compliance notices and enforceable undertakings for breaches of work-related civil penalty and offence provisions in the Migration Act.

The Bill contains one Schedule, comprised of seven Parts:

• Part 1 establishes new employer sanctions for coercing or unduly influencing a migrant worker to accept certain work conditions

• Part 2 provides for a prohibition on certain employers employing additional migrant workers for a specified period

• Part 3 strengthens obligations for employers to use the prescribed computer system to verify immigration status

• Parts 4 to 6 relate to increased penalties, enforceable undertakings, and compliance notices for work-related breaches

• Part 7 amends existing enforceable undertaking provisions in the Migration Act in line with the new enforceable undertaking provisions contained in Part 5.

Source: Migration-Amendment-protecting-migrant-workers-bill-2021-bills-digest.pdf

Overview

The Temporary Graduate (subclass 485) visa is for international students who have recently graduated from an Australian education or training institution. It allows international graduates (and members of their family unit), to live, study and work in Australia temporarily. Subclass 485 visas are usually granted for a period between one and four years, depending on the visa stream and qualification level. Hong Kong and British National Overseas passport holders may stay for five years.

On 25 November 2021, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and the Minister for Education and Youth jointly announced that the Government intends to introduce a replacement subclass 485 visa for holders who have lost time in Australia as a result of COVID-19 international travel restrictions The replacement visa would be available to people who were outside of Australia at any time between 1 February 2020 and 15 December 2021 while they held a valid subclass 485 visa. This reflects the period of international travel restrictions impacting affected visa holders, noting that from 15 December 2021, Australia reopened to fully vaccinated eligible visa holders, including subclass 485 visa holders, without needing to apply for a travel exemption.

The joint announcement noted the replacement visa would be open for applications from mid 2022. To assist affected subclass 485 visa holders (and former holders) in the meantime, Schedule 1 to the Amendment Regulations amends the Migration Regulations to provide for the periods of certain subclass 485 visas to be extended until 30 September 2022. This will allow visa holders affected by COVID-19 international travel restrictions to enter or remain in Australia to live, study and work until they are able to apply for, and be granted, the replacement visa from mid 2022.

This extension applies to all subclass 485 visa holders, where the primary visa holder:

- was outside of Australia at any time between 1 February 2020 and 14 December 2021 and holds or held a subclass 485 visa which was in effect during that time which has ceased, or would have ceased, before 1 October 2022, but was not cancelled; and

- has not been granted another substantive visa.

The same extension applies to secondary visa holders, that is, persons who were granted a subclass 485 visa on the basis of being the member of the family unit of the primary visa holder, if the primary visa holder is eligible.

Source: Extension-of-Temporary-Graduate-and-Skilled-Regional-Provisional-Visas.pdf and

Extension-of-Temporary-Graduate-and-Skilled-Regional-Provisional-Visas-Explanatory-Statement.pdf

The Morrison Government is welcoming a surge of International Students and Backpacker visa applications and arrivals since our announcement last month of visa fee refunds. Nearly 13,500 International Students arrived in Australia last week alone – a 33% increase on the week prior. Around 80,000 International Students have arrived since late 2021.

And 1,000 Backpackers arrived in Australia last week, with nearly 35,000 Working Holiday Maker visas approved since November 2021, so there are many more to come. International education supports 240,000 Australian jobs and contributed almost $38 billion to the Australian economy in 2018-19. The Working Holiday Maker program is worth $3.1 billion to the Australian economy, with backpackers filling vital workforce shortages while spending more of their time and money in regional Australia.

Source: Open-for-Business.pdf

The latest Migration Agents Activity Report has been published on the OMARA website today: Migration Agents Activity Report - 01 July to 31 December 2021 (mara.gov.au)

The Bill introduces amendments to allow for discretionary visa refusal or cancellation where a non-citizen has a conviction for a designated offence punishable by at least two years' imprisonment.

Designated offences include violent and sexual crimes, breaching personal protection orders like AVOs, using or possessing a weapon, or assisting with any of these crimes.

An Australian visa is a privilege that should be denied to those who pose a threat to the safety of Australians. It should not be easier to deport an international sports star than a convicted criminal. That's why this Bill broadens existing discretionary powers to cancel and refuse visas under the "character test".