Immigration for Australia’s Future – Gilton Valeo’s Public Government Submissions
Fiona Wong
Partner at Gilton Valeo Lawyers | Corporate Immigration Lawyer | Lawyers Weekly Migration Partner of the Year 2023 | Lexology Client Choice Award Winner 2024 (Corporate Immigration)
We were recently given the opportunity to share our ideas and recommendations with the Department of Home Affairs on how we believe Australia's migration system can be improved. We are grateful for the opportunity to make a contribution towards helping create an even stronger migrant community here in Australia!
In this article, we broke down some of the government’s immigration policies and alongside our suggestions for development and improvement.
Barriers to the Participation of Migrants in the Labour Market
Despite a high percentage of migrants arriving in Australia with secondary or tertiary qualifications, many find themselves taking jobs that are not commensurate with their skill levels. According to studies conducted by international organisations like International Organisation for Migration (IOM) and Organisation for Economic Co-operation and Development (OECD), this over-qualification phenomenon is common across the country. The challenge lies in giving these qualified immigrants basic recognition of their skills, so they may contribute more fully from within our complex economy, thereby maximising their potential.?
As an incentive, Australia could offer qualified, low-income migrants reimbursements for the costs of having their qualifications recognised. This program has been successful in Germany and would help attract competent individuals who otherwise wouldn't be able to afford the qualification recognition fees.
Moving away from Skilled Occupation Lists (MLTSSL & STSOL)
Australia's current migration system is not equipped to handle the changing dynamics of a modern, skills-based workforce. While migrant workers may perform duties outside their ANZSCO (skill-based classification) designation, most tasks must be done in that role, and any significant change requires notification to the department. To accommodate this shift towards a smarter use of skills across multiple occupations, there needs to be an updated infrastructure more suitable for today’s diverse job market.
It has become obvious that separating skilled occupations into categories can inhibit business growth and future talent development. For example, within the Information & Communication Technology (ICT) industry, having sales professionals on a short-term list is particularly detrimental as they play an essential role in driving success. However, due to restricted stay periods under visas granted by these lists, companies risk losing all resources they have invested when training employees after only two years — significantly hindering any plans for expansion and progress.
A solution is to bridge the gap between traditional worker-occupation ties and modern, flexible alternatives by revisiting roles and responsibilities to better align them with skills-focused organisations.?
Most importantly, ICT sales professionals must remain on Occupational Lists so the economy can benefit from the essential ICT proficiency needed for expansion!
Labour Market Testing Removal or Reform
Labour Market Testing (LMT) is intended to prioritise local jobseekers ahead of foreign workers on visas. Currently, employers are only required to post advertisements for open positions to meet the requirements. However, these attempts do not result in genuine recruitment efforts. Government reports have deemed them as nothing more than a 'tick box' exercise for businesses who had no intention of hiring Australian workers in the first place. It can also be an extra administrative burden on businesses that are often struggling with skills shortages.
With the exacerbation of skill shortages affecting many Australian businesses and industries, a temporary relaxation of LMT requirements for subclass 482 visas is being suggested as an effective solution. However, our opinion is that eliminating LMT from the current visa program would be far more efficient in quashing these lasting impacts.?
Incentivising Regional Migration in Australia
Regional migrants tend to relocate and settle in metropolitan cities upon gaining permanent residency. This is mainly due to limited job opportunities and inadequate incentives for staying in rural regions longer-term. Settling down within these larger spheres increases work prospects and the chances of a higher salary and offers greater access to learning opportunities.
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We propose that Australia's immigration policies be connected to internal taxation regulations. Studies have revealed that the advantages of new migrants relocating to rural areas are drastically lower than if they chose city living. It makes more sense for established Australians, who are already familiar with local culture and potentially have a network of existing social connections, to be offered tax concessions to incentivise regional relocation. This could free up room in cities for new migrants.
Prioritising Australian Global Talent Visas
Australia's Global Talent Independent (GTI) program provides an opportunity for highly skilled professionals from abroad to contribute their talents in critical and emerging sectors.?
However, the visa program has experienced a drastic cut in available spots, from 15,000 vacancies to just 5,000. This is likely because just 8776 visas were granted overall in 2021 despite 15,000 places being available — this suggests that many potentially interested candidates might have chosen countries like Canada instead due to their fast visa processing times.
Now that the pandemic’s residual effects are dying down, more talented workers are needed than ever before. Australia needs to appeal locally and globally to more highly specialised talent and high-income earners.
To nurture global talent, we propose to expand the GTI? program by adding positions up to 5,000. This will help speed up processing times for both Expression Of Interests (EOIs) and visas so talented candidates can join this valuable initiative sooner. Additionally, raising awareness of the GTI visa stream can attract even more highly specialised applicants worldwide!
To achieve these goals, we recommend raising the cap of 5,000 allocated positions for the GTI program and prioritising GTI applications to reduce visa processing times. Placing more focus on global awareness of the GTI visa stream is also important to attract and retain high level talent.
Capitalising on International Students in Australia
Australia is missing out on a unique opportunity to attract highly skilled, youthful workers by providing more beneficial pathways for students/graduates in critical sectors.?
With 19% of the total temporary visa holders coming from student visas, Australia's onshore migration program is highly competitive, meaning many graduates find it difficult to obtain permanent residency — even with the recent addition of 50,000 visa places for subclass 189/190 streams. Unless graduates find employment in Australia, most potential migrants cannot meet the two-year post-qualification work requirement needed to gain sponsorship for a subclass 482 visa.
Introducing a STEM-focused 485 stream could be the key to tapping into Australia's full potential in this sector. Driving innovation within STEM sectors by offering a greater length of stay in Australia — if an individual has graduated with a qualification related to STEM — may be the solution to filling critical skill gaps across various disciplines, including the technology and the ICT industry.
Another opportunity to maximise Australia's success in attracting and keeping talented foreign students is by adding a specialised to the GTI program for high-achieving recent graduates or people commanding large salaries. This would mean that these individuals will likely remain employed by Australian industries.?
Gilton Valeo can answer your questions about Australian immigration
As experts in Australian immigration, Gilton Valeo can guide you in identifying the best immigration pathways to bring people over to start your Australian office, provide you with strategic consulting along the way, and connect you with our partners to ensure everything goes smoothly.
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Senior Internal Mobility Partner at Atlassian
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1 年Fiona Wong it speaks volumes that your firm takes the time to think through proposals, truly put them down on paper in a way that would be usable to a government entity, and tries to impact the immigration industry directly, and for the better.
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1 年Have you seen any tangible change since the supposed jobs summit held a few months ago? All talk and no action?
These are very thoughtful submissions. I particularly like the submission on maximising Australia's success in attracting and keeping talented foreign students by adding a specialised to the GTI program for high-achieving recent graduates or people commanding large salaries. These individuals can usually find skilled jobs in Australia easily.