On 7 December 2024, the Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 came into effect. This instrument replaces the old framework with the Core Skills Occupation List (CSOL), and forms part of the migration reform framework that sets up the new Subclass 482 (Skills in Demand) Visa. The changes made to the Employer Nomination Scheme (ENS) Temporary Residence Transition (TRT) and Direct Entry (DE) streams allow for clearer pathways to permanent residence.

For Australian permanent residents, the Subclass 155 Visa (RRV) is crucial for maintaining the ability to travel in and out of Australia. If you’re a permanent resident planning to travel overseas, it’s important to understand the significance of renewing this visa. Failure to do so could result in the unfortunate situation of being stuck outside Australia and applying for an RRV outside Australia, unable to return to the life and opportunities you’ve established there, until your RRV Application is processed and granted.

What is the Resident Return Visa?

The Subclass 155 RRV is a visa designed for Australian permanent residents or former permanent residents who wish to remain in Australia indefinitely and travel overseas. While permanent residency grants the right to live in Australia indefinitely, the ability to travel in and out of the country is not indefinite. The travel rights granted under permanent residency typically expire after five years or one year, depending on certain circumstances. To continue traveling after this period, renewing your travel facility with a Subclass 155 visa is essential.

Why is Renewing Your RRV Crucial?

Maintaining Your Travel Rights: If you are a permanent resident and your travel rights expire, you won’t be able to return to Australia without a valid visa. This visa  extends your travel facility, allowing you to re-enter Australia after traveling abroad. Without it, if you leave the country, you could find yourself stranded outside, unable to return, which can disrupt your personal and professional life.

Avoid Being Stuck Abroad: The global situation over recent years has shown how unpredictable travel can become. There have been numerous cases where individuals have left Australia, unaware that their travel rights under permanent residency had expired. In these cases, people had to apply for a new visa from overseas, a process that can take time and may not be guaranteed, especially if your ties to Australia aren’t strong enough. If you are caught in such a situation, you could be stuck abroad for months, facing significant financial, emotional, and logistical hardships.

Ensuring Peace of Mind: Renewing your this visa before it expires gives you peace of mind. Whether you’re traveling for work, family, or leisure, knowing that you can return to Australia without hassle is invaluable. With a valid RRV, you won’t have to worry about your status or face delays at the border upon return.

Who Should Apply?

You should apply for the this visa if:

• Your permanent residency travel rights have expired or are about to expire.
• You plan to travel internationally and wish to ensure you can re-enter Australia without any complications.

You are eligible for the Subclass 155 visa if you have spent at least two years in Australia over the last five years. If not, you may still be eligible if you can demonstrate substantial ties to Australia, such as family, employment, or business connections.

Applicants with Criminal Convictions

For individuals with criminal records, renewing their RRV while onshore is even more critical. This is because any RRV application involving character concerns must undergo assessment by the Visa Applicant Character Consideration Unit (VACCU). Applying offshore can significantly complicate the process, as VACCU’s character assessment may take considerable time and could result in delays or even a refusal. Being outside Australia during this period could leave you stranded, with limited recourse to return. By renewing your RRV while still in Australia, you reduce the risk of being unable to re-enter the country, ensuring that any character-related concerns can be addressed without jeopardizing your residency status.

We are here to help!

The Resident Return Visa is a critical component of maintaining your permanent residency rights in Australia. Without renewing it, you risk being stuck overseas, unable to return to the country where you’ve built your life. Timely renewal ensures that your travel rights remain intact, providing you with the freedom and security to travel as needed, knowing you can always come back home. Plan ahead, renew to avoid the risk of being caught out of Australia without the means to return.

Need help renewing your Subclass 155 Resident Return Visa? We’re here to guide you every step of the way, ensuring you stay connected to Australia—hassle-free and with peace of mind!

Contact Us

 Immigration Solutions Lawyers at 1300 428 47

The Workplace Justice Visa: A Pathway Towards Fairness with Room for Improvement

The Australian Government introduced the Migration Amendment (Workplace Justice Visa) Regulations 2024 on 29 June 2024, with the new regulations taking effect on 1 July 2024. This amendment to the Migration Regulations 1994 aims to establish a new Workplace Justice Visa, which allows temporary migrants to remain in Australia for a period of time to participate in workplace justice activities. This visa is part of a broader strategy by the Australian Government to address migrant worker exploitation, a commitment made at the Jobs and Skills Summit in response to findings from the Migrant Workers’ Taskforce report, the Nixon Review, and the Migration Strategy. These reports highlighted the damaging impact of migrant worker exploitation, not only on the workers and their families but also on the broader labor market by potentially lowering wages and working conditions across the board.

We welcome the introduction of the Workplace Justice Visa as a significant step toward addressing the longstanding issue of worker exploitation in Australia. This initiative represents a meaningful effort to provide pathways to justice for those who have faced unfair treatment in the workplace, especially for undocumented workers who are among the most vulnerable. However, while the intention behind this visa is commendable, certain aspects of its implementation may limit its effectiveness and potentially exclude those who need it most.

The Genuine Temporary Entrant (GTE) Requirement: A Potential Challenge

One consideration with the Workplace Justice Visa is the requirement for applicants to meet the Genuine Temporary Entrant (GTE) criteria. This requirement asks applicants to demonstrate a genuine intention to stay in Australia temporarily, which is assessed based on various factors, including their circumstances, immigration history, and adherence to visa conditions.

For many undocumented workers, this requirement may pose a challenge. These individuals often remain in Australia out of necessity, whether due to fleeing difficult circumstances or economic hardship in their home countries. Requiring them to prove that their stay in Australia is only temporary, particularly when they are seeking justice and safety, may not fully account for their complex situations. This could make it more difficult for them to qualify for the visa and access the protections it offers.

The Impact of Excluding Unlawful Non-Citizens

Another aspect of the Workplace Justice Visa is the exclusion of individuals who have been unlawfully present in Australia for more than 28 days. This provision could disqualify many people who might otherwise benefit from the visa’s protections.

Undocumented workers, who are often among the most vulnerable to exploitation, may have overstayed their visas due to coercion or deception by employers. By excluding those whose visas expired more than 28 days ago, the Workplace Justice Visa could leave these individuals without a legal avenue to seek justice, potentially increasing their vulnerability to further exploitation.

While this policy aims to uphold visa integrity, it may also inadvertently prevent some of the most vulnerable workers from accessing the very protections the visa is designed to provide.

Striking a Balance for Greater Effectiveness

The current criteria for the Workplace Justice Visa are designed to address worker exploitation while maintaining the integrity of Australia’s immigration system. However, to ensure that the visa fulfills its purpose, it may be necessary to reconsider some of these requirements.

For example, reviewing the GTE requirement with a greater understanding of the complexities facing undocumented workers could make the visa more accessible to those in need. Additionally, reconsidering the exclusion of individuals unlawfully present for more than 28 days could ensure that the most vulnerable workers are not left without protection.  

Overall, while the Workplace Justice Visa is a commendable initiative, refining its implementation could enhance its ability to promote fairness and justice in the workplace. By ensuring that the visa is accessible to all who need it, regardless of their past visa status or reasons for staying in Australia, the initiative can better achieve its goal of protecting vulnerable workers and addressing exploitation effectively.

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 Immigration Solutions Lawyers at 1300 428 47

Multiple changes have recently been made for immigration law in Australia and came into effect from 1 July 2024. This article will focus particularly on the changes that affect employers and employees.

Introduction to Workplace Justice Visa

The Australian Government introduced the Migration Amendment (Workplace Justice Visa) Regulations 2024 on 29 June 2024. This is an amendment of the Migration Regulations 1994 to implement a new workplace justice visa.

The Workplace Justice Visa will enable temporary migrants to remain in Australia for a period of time and undertake a workplace justice activity. This visa is part of a range of measures by the Australian Government to address migrant worker exploitation. These measures follow a commitment that was made at the Jobs and Skills Summit in response to findings by the Migrant Workers’ Taskforce report, the Nixon Review, and the Migration Strategy, about the corrosive impact of migrant worker exploitation, and recognising the harm that exploitation causes to the migrant worker and their family. The commitment was also made in recognition of the potential long-term consequences if migrant worker exploitation is left unaddressed. Migrant worker exploitation has the potential to put downward pressure on wages and conditions for all workers overall, which would create ‘an un-level playing field for those businesses who do the right thing’.

 Features and Objectives of the Workplace Justice Visa

The Workplace Justice Visa has been designed to complement existing avenues that allow non-citizen workers to report exploitation and seek workplace justice. It operates as a new clause in the subclass 408 (Temporary Activity) visa, with the visa introduced by the Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024, which establishes no visa application charge for eligible applicants. Under the policy, a Workplace Justice Visa holder will be granted between 6 to 12 months to remain in Australia. This time period is extendable for up to 4 years. This visa, along with other reforms to the current system, are being introduced with the overarching objective of addressing migration-related barriers that deter temporary migrant workers from reporting instances of exploitation out of fear that their visa status would be compromised. The Workplace Justice Visa is only available to temporary migrants in Australia who have certification relating to their workplace exploitation matter from a participating government entity or accredited non-government party. With this visa, visa holders can work to support themselves whilst pursuing workplace justice. Members of the visa holder’s family unit who are in Australia can also apply for this visa. The aim of this visa is to relieve temporary migrant workers of the stress that reporting exploitation may affect their visa status. The hope for this visa is that it will make the process of initiating claims to remedy breaches of workplace laws easier, and temporary migrant workers can assist in investigations of employer breaches. With increasing reporting, compliance targeting would also be benefitted, and enforcement officials will improve in their identification of dishonest and non-compliant employers, leading to more favourable conditions and outcomes for all workers.

Increase in the Temporary Skilled Migration Income Threshold (TSMIT)

The Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 has come into effect from 1 July 2024. It increases the Temporary Skilled Migration Income Threshold (TSMIT) from $70,000 AUD to $73,150 AUD. This change, an increase of 4.5 percent, aligns with the annual Average Weekly Ordinary Times Earnings as of November 2023 and was introduced to continue protecting skilled migrant workers from exploitation. The new TSMIT applies to nominations lodged on or after 1 July 2024, with the previous TSMIT being applied to the assessment of nominations lodged before 1 July 2024.

Strengthening Reporting Protections

The Migration Amendment (Strengthening Reporting Protections) Regulations 2024 came into effect on 1 July 2024. These regulations prescribe circumstances where the visa of a temporary migrant worker, who has been affected by workplace exploitation, must not be cancelled- this is also referred to as non-discretionary protection. The regulations also outline matters that the Minister must have regard to when determining whether to cancel the visa of a temporary migrant worker, where the non-discretionary circumstances do not apply- this is referred to as discretionary protection. The purpose of these Amendment Regulations is to strengthen the protections that are available to migrant workers, to empower them and instil confidence in them to report workplace exploitation without fear of losing their visa status. This amendment aligns with other changes that have been made with the broader goal of addressing migrant worker exploitation. 

Changes to Visa Conditions 8017, 8607, 8608

Changes to visa conditions 8107, 8607 and 8608 were announced on 21 June 2024 and were made in line with the Australian Government’s Migration Strategy.

With a focus on tackling worker exploitation and driving productivity, the Australian Government aims to support labour market mobility for the following visa holders:

• Temporary Work (Skilled) visa (subclass 457)
• Temporary Skill Shortage visa (subclass 482)
• Skilled Employer Sponsored Regional (provisional) visa (subclass 494).

New Flexibilities for Visa Holders

The 8107 work limitation requires the visa holder to be employed by a particular employer, or to undertake specific activities in Australia.

The 8607 nominated occupation limitation requires the visa holder to only work in the occupation nominated in their most recent Subclass 482 (Temporary Skill Shortage) visa application.

The 8608 nominated occupation limitation requires the visa holder work only in the occupation nominated in their most recent Subclass 494 (Skilled Employer Sponsored Regional (Provisional) visa application.

Under the new changes, visa holders who stop working with their sponsoring employer will have more time to either find a new sponsor, apply for a different visa, or arrange to leave Australia. Visa holders will have up to 180 days at a time, or a maximum of 365 days in total across the entire visa grant period.

During this time, visa holders can work for other employers, including work in occupations not listed in their most recently approved sponsorship nomination. This allows visa holders to support themselves financially while they find a new sponsor, and provides employers with the flexibility to offer short-term contracts as a trial before offering sponsorship. However, this only applies to visa holders who have ceased working for their sponsoring employers. If visa holders are still working for their sponsoring employers, they must continue to work in their approved nominated occupation and only complete work that is consistent with the licencing or registration requirements for their occupation, unless they have been given an exemption.

These changes will apply to existing visa holders and individuals who are granted a visa on or after 1 July 2024. Any periods when a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods.

Contact Us

 Immigration Solutions Lawyers at 1300 428 47

Many changes have recently been made for immigration law in Australia. Along with the new Workplace Justice Visa, which has been introduced to better empower migrant workers to report exploitation (discussed in more detail in the Workplace Justice Visa article), other changes have been put in place by the Australian Government to improve the outcomes of individuals in Australia, including visa holders and those in detention. These changes will be discussed below.

Increase in Temporary Skilled Migration Income Threshold (TSMIT)

The Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 has come into effect from 1 July 2024. It increases the Temporary Skilled Migration Income Threshold (TSMIT) from $70,000 AUD to $73,150 AUD. This change, an increase of 4.5 percent, aligns with the annual Average Weekly Ordinary Times Earnings as of November 2023 and was introduced to continue protecting skilled migrant workers from exploitation. The new TSMIT applies to nominations lodged on or after 1 July 2024, with the previous TSMIT being applied to the assessment of nominations lodged before 1 July 2024. 

Strengthening Reporting Protections for Migrant Workers

The Migration Amendment (Strengthening Reporting Protections) Regulations 2024 came into effect on 1 July 2024. These regulations prescribe circumstances where the visa of a temporary migrant worker, who has been affected by a workplace exploitation must not be cancelled- this is also referred to as non-discretionary protection. The regulations also outline matters that the Minister must have regard to when determining whether to cancel the visa of a temporary migrant worker, where the non-discretionary circumstances do not apply- this is referred to as discretionary protection. The purpose of these Amendment Regulations is to strengthen the protections that are available to migrant workers, to empower them and instil confidence in them to report workplace exploitation without fear of losing their visa status. This amendment aligns with other changes that have been made with the broader goal of addressing migrant worker exploitation.

Revision of Daily Maintenance Amount for Persons in Detention

The Migration (Daily Maintenance Amount for Persons in Detention) Determination (LIN 24/017) 2024 came into force on 1 July 2024. This regulation revised the daily amount for the keeping and maintaining of a person in immigration detention to $538.79 to reflect the minimum cost to the Commonwealth, an increase from $490.68. This amount will apply until 30 June 2026, with the direct costs including facility-based corporate overheads, catering, cleaning, facilities management, security and escorting services, visitor management, health services, and activities and programs. This change applies to all immigration centres, including the previous Immigration Transit Accommodation facilities which later transitioned to detention centres. Their inclusion came into force with the aim of ensuring consistency across the Immigration Detention Network, as all facilities are now established and administered under the same legislative framework.

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 Immigration Solutions Lawyers at 1300 428 472

The Australian Government introduced the Migration Amendment (Workplace Justice Visa) Regulations 2024 on 29 June 2024. Coming into force on 1 July 2024, this is an amendment of the Migration Regulations 1994 to implement a new workplace justice visa.

Purpose and Objectives of the Workplace Justice Visa

The Workplace Justice Visa will enable temporary migrants to remain in Australia for a period of time and undertake a workplace justice activity. This visa is part of a range of measures by the Australian Government to address migrant worker exploitation. These measures follow a commitment that was made at the Jobs and Skills Summit in response to findings by the Migrant Workers’ Taskforce report, the Nixon Review, and the Migration Strategy, about the corrosive impact of migrant worker exploitation, and recognising the harm that exploitation causes to the migrant worker and their family. The commitment was also made in recognition of the potential long-term consequences if migrant worker exploitation is left unaddressed. Migrant worker exploitation has the potential to put downward pressure on wages and conditions for all workers overall, which would create ‘an un-level playing field for those businesses who do the right thing’. 

Implementation and Operation of the Workplace Justice Visa

The Workplace Justice Visa has been designed to complement existing avenues that allow non-citizen workers to report exploitation and seek workplace justice. It operates as a new clause in the subclass 408 (Temporary Activity) visa, with the visa introduced by the Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024, which establishes no visa application charge for eligible applicants. Under the policy, a Workplace Justice Visa holder will be granted between 6 to 12 months to remain in Australia. this time period is extendable for up to 4 years. This visa, along with other reforms to the current system, are being introduced with the overarching objective of addressing migration-related barriers that deter temporary migrant workers from reporting instances of exploitation out of fear that their visa status would be compromised. The Workplace Justice Visa is only available to temporary migrants in Australia who have certification relating to their workplace exploitation matter from a participating government entity or accredited non-government party. With this visa, visa holders can work to support themselves whilst pursuing workplace justice. Members of the visa holder’s family unit who are in Australia can also apply for this visa. The aim of this visa is to relieve temporary migrant workers of the stress that reporting exploitation may affect their visa status. The hope for this visa is that it will make the process of initiating claims to remedy breaches of workplace laws easier, and temporary migrant workers can assist in investigations of employer breaches. With increasing reporting, compliance targeting would also be benefitted, and enforcement officials will improve in their identification of dishonest and non-compliant employers, leading to more favourable conditions and outcomes for all workers.

Limitations and Criticisms of the Workplace Justice Visa

We still note, however, that the Workplace Justice Visa is not a permanent visa and does not provide underlying justice to those wronged and victimized by modern slavery and human trafficking in Australia. While it offers temporary relief, it falls short in addressing the long-term needs and rights of these individuals who have endured such grave injustices. There remains a pressing need for comprehensive measures that ensure sustained support, protection, and pathways to permanent residency for survivors, acknowledging their rights and dignity.

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 Immigration Solutions Lawyers at 1300 428 472

Student Visa Restrictions

The Australian Government announced on 12 June 2024 that restrictions to Student Visas would be introduced to prevent ‘visa hopping’. These changes will come into force on 1 July 2024, and are in line with the Government’s focus on ‘strengthening the integrity of the Student Visa program’.

List of Visa Holders Affected by New Restrictions

The full list of visa holders, in addition to the existing visas where visa holders that cannot apply for a student visa onshore include the following:

• Subclass 485 (Temporary Graduate)
• Subclass 600 (Visitor)
• Subclass 601 (Electronic Travel Authority)
• Subclass 602 (Medical Treatment)
• Subclass 651 (eVisitor)
• Subclass 771 (Transit)
• Subclass 988 (Maritime Crew)
• Subclass 995 (Diplomatic Temporary) – primary visa holders only
• Subclass 403 (Temporary Work) International Relations)) – Domestic Worker (Diplomatic or Consular) stream
• Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)

The restrictions on Visitor Visa holders from applying for Student Visas onshore are to address the ‘increasingly prevalent’ pathway. With over 36,000 applications since 1 July 2023 to the end of May 2024, this pathway ‘has been used to attempt to subvert the Government’s strengthened offshore student visa integrity measures’, according to Home Affairs Minister Clare O’Neil. 

Restrictions on Temporary Graduate Visa Holders

The restrictions on Temporary Graduate Visa holders from applying for Student Visas onshore are aimed at redirecting graduates to either find skilled jobs and/or other visa pathways, or depart the country. These changes are to address an October 2023 report from the Grattan Institute, which found that one in three Temporary Graduate Visa holders return to further study for the purpose of extending their stay in Australia. These changes, the Australian Government says, will help to address the growing cohort of ‘permanently temporary’ former international students in Australia.

Changes to Post-Study Work Rights

Post-study work rights will also be reduced, with these changes intended to take effect from 1 July 2024. For the Graduate Work stream (to be renamed the Post-Vocational Education Work stream), applicants may continue to stay for up to 18 months, with Hong Kong or British National Overseas passport holders potentially being able to stay for up to 5 years. For the Post-Study Work stream (to be renamed the Post-Higher Education Work stream), the ‘select degree’ 2 year extension will cease, and stay periods will be up to 3 years for most visa holders depending on the degree. For Hong Kong and British National Overseas passport holders, they may be able to stay for up to 5 years. For Indian nationals, under the Australia India- Economic Cooperation and Trade Agreement, they may be stay for up to 4 years depending on the degree.

Age Limit Reduction and English Language Requirement Increases

For both streams, the age limit will be reduced from 50 to 35 at the time of application.

The increases to the English Language Requirements for Temporary Graduate visas, which was implemented in March and include an increased minimum score and decreased test validity window, will also apply.

Government’s Strategy for Sustainable Migration Levels

These changes have been introduced to support the Government’s strategy to bring migration levels ‘to a sustainable level’ and halve net overseas migration to 268,000 places in the next Financial Year (compared to 528,000 places in the 2022-23 Financial Year). 

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 Immigration Solutions Lawyers at 1300 428 472

Ministerial Direction No. 110 was signed on 7 June 2024 and will come into force on 21 June 2024. It replaces Ministerial Direction No. 99, which was issued in January 2023.

The introduction of Direction 110 is described as a ‘knee-jerk’ response to criticism of Direction 99, which was allegedly used by approximately 30 non-citizens to escape deportation. In relation to these decisions by the Administrative Appeals Tribunal (AAT), the Hon Andrew Giles MP, the Minister for Immigration, Citizenship and Multicultural Affairs, noted that they ‘do not reflect the Government’s intent or meet community expectations’. Between 27 May 2024 and 7 June 2024, he cancelled 40 visas ‘in the national interest’.

Ministerial Direction No. 110

Direction 110 states that protection of the Australian community from criminal or other serious conduct is ‘generally to be given greater weight than other primary considerations’. This is paired with the new language in Direction 110 that states ‘the safety of the Australian community is the highest priority of the Australian government’.

Other primary considerations, which are included in both Directions, include the following:

• Whether the conduct engaged in constituted family violence
• The strength, nature and duration of a person’s ties to Australia
• The best interests of children (minors) in Australia
• The expectations of the Australian community