Changes in Labour Agreement Requirements for Subclass 186, 482, and 494 Visas
What is the Migration Amendment (Labour Agreement Requirements) Regulations 2024?
The regulations amended the Migration Regulations 1994 to update various criteria related to the Labour Agreement stream for the listed work visas:
Skills in Demand (Subclass 482) (the new Temporary Skill Shortage (TSS) visa) and;
Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)
The changes encompass areas such as English language proficiency, age, qualifications, work experience, skills assessments, pathways to permanent residence (PR), salary, sponsorship obligations, and occupations.
What changes have been made to the definition of Labour Agreements?
The "Labour Agreement" definition has been revised, with a new regulation (2.75C) added to provide clear statutory authority for the Minister to enter into such agreements. Key points include:
Parties Involved: Clarifies who the Minister may enter into agreements with.
Specified Matters: Outlines the matters that may be included in a labour agreement.
Variability: Allows for labour agreements to be varied by the parties after the agreement has come into effect.
What are the Skills in Demand (Subclass 482) visa amendments?
Schedule 1 Criteria (Mandatory Skills Assessments)
The Schedule 1 criteria for mandatory skills assessments are now restricted to primary applicants in the Specialist Skills stream or the Core Skills stream. Applicants in the Labour Agreement stream will be assessed based on the criteria set out in Schedule 2 (cl.482.242A).
Schedule 2 Criteria
References to the “Commonwealth” in work agreements have been replaced with “Minister.”
New provisions allow primary applicants for a SID or TSS visa in the Labour Agreement stream to satisfy relevant work experience requirements based on the Minister's specifications in the Labour Agreement.
Applicants must meet any skills, qualifications, and employment background requirements specified by the Minister in the Labour Agreement, including potential skills assessments.
Applicants must satisfy the English language requirements specified by the Minister in the Labour Agreement.
What are the amendments to the Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa?
The previous requirement that Skilled Work Regional (Provisional) visa (subclass 491) or subclass 494 visa holders have held their visas for at least 3 years has been repealed. This allows the Minister to specify alternative requirements regarding the period of stay for Labour Agreements.
The age requirement has been revised to allow applicants to meet it based on the age specified by the Minister in a Labour Agreement rather than a blanket limit of under 45.
Applicants must meet qualifications, experience, language test, and skills requirements specified by the Minister in the Labour Agreement.
What are the amendments to the Employer Nomination Scheme (Subclass 186) visa?
Similar to the Subclass 186 visa, the age requirement has been modified to align with the age specified by the Minister in a Labour Agreement.
Applicants must meet the English language requirements specified by the Minister in the Labour Agreement.
Applicants must satisfy all skills, qualifications, and employment background requirements specified by the Minister.
Applicants must have relevant work experience in the nominated occupation or a related field for the period specified by the Minister in the Labour Agreement.
When do these Labour Agreement Changes take effect?
The instrument commences on 14 December 2024.
The amendments apply to visa applications made before, but not finally determined, on or after this date.
Labour agreements entered before 14 December 2024 will continue to be effective despite the amendments.
How Can Agape Henry Crux Help
For detailed information on the specific changes for any work visas’ Labour Agreement stream and how they may affect your situation, it is advisable to seek professional advice from our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
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