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Have we just witnessed one of the most significant changes in the history of post-war migration between the UK and Australia, or were those fanfares just a lot of hot air?
On the 31st May 2023 the Free Trade Agreement came into effect and there’s certainly a lot to get excited about generally for both UK and Australian businesses with the removal of trade tariffs between the two countries. The Australian Minister for Trade and Tourism stated ‘For Australian consumers, tariffs on 98 per cent of UK imports to Australia are now eliminated, with the remainder removed within six years. ‘
It's outside the scope of this post to analyse the economic and political benefits of this agreement. I’ll leave this to others far better qualified than I, to contemplate this over time. For now, I’m only considering the migration aspects. The main announcements are;
Working Holiday Visas;
UK passport holders coming to Australia are able to apply for a Working Holiday visa (WHV) if they are between the ages of 18 and 35 (inclusive) years This is an increase of the previous age limit of 30 years.
Also (and this is in my view potentially the more exciting announcement) UK visa applicants will no longer have to complete any farm work to be eligible to apply for second and third WHV visas. This is a change from the old regime where applicants for second WHV visas had to complete three months of farm work to get a second WHV and six months of farm work to get a third visa.
Finally, on the WHV topic, UK passport holders can choose to apply for a first, second and third WHV visa at any time while they still meet the eligible age requirement. They do not need to stay in Australia to qualify for second or third visas.
Labour Market Testing;
The UK has been added to a list of countries whose citizens are exempted from the requirement that their roles are advertised for 4 weeks before lodging a nomination for a 482 Temporary Skilled visa.
Assessment.
The changes are most welcome and in time they may prove to be very significant. I expect that further changes may be announced over time under the umbrella of the agreement.
The changes to the WHV regime for UK citizens are important. They will allow youngsters to come here and really think about making Australia their home. It will allow them the space and time to look at Australia and think hard about it may form part of their future. It removes much of the rigidity of the present regime. The WHV is now a really good stepping stone to enter Australia and move onto further visas that could over time allow for permanent residency status.
The changes to the LMT regime for UK citizens, while welcome, are less significant. It will be very helpful where applicants are under time pressure to get a new 482 visa lodged but we will be advising all clients, that where time permits, that they should continue to advertise rolls for 4 weeks before lodging any nomination. By doing so the department will be made aware that the employer has tried to find a local employee to fill the roll- an important factor in the overall regime.
Any questions etc etc
Reflecting our deep people-to-people links, Australia and the UK are committed to offering enhanced opportunities for our people to live and work in each country.
The UK has guaranteed access for managers and specialists across all sectors to undertake three-year intra-corporate transfers to the UK, and for graduate trainees to have one-year transfers.
Australians entering the UK as Contractual Service Suppliers and Independent Professionals will have the same access as European Union nationals. This will provide new opportunities for our service suppliers to work in the UK on contracts for up to a year.
The A-UKFTA will improve youth mobility opportunities in the UK for young Australians. From 31 January 2024, Australian passport holders will be able to apply up to the age of 35 years inclusive for the two-year Youth Mobility Scheme (YMS) visa. This is a five-year increase from the current maximum age of 30 years inclusive; and extend their YMS visa for a third year if applicants choose.
To help encourage innovation flows into Australia, a new visa pathway for innovators and early career development will be piloted for UK citizens to come to Australia. This program will be streamlined and capped at 1000 in the first year, rising to 2000 the second year, after which it will be reviewed to assess future implementation. Applications will open on 9am 25 September 2023 (AEST).
To assist labour in the agriculture and agribusiness sectors, the A-UKFTA includes a Joint Declaration on Agriculture and Agribusiness Workers detailing the visa pathways available for workers in this sector from both countries.
