UK FTA: WHM cap increase to 35; LMT likely exempt; agricultural visa coming

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With an Australian-UK free trade agreement effectively signed, major benefits to UK visa holders include the increase to the age limit for working holiday visas, increased mutual recognition for professionals, and a likely carve-out for labour market testing. The Prime Minister also announced that the government will push forward with a dedicated agricultural visa, sourcing workers from Asia.

Age cap increase to 35 for Subclass 417 - Working Holiday visas

UK nationals will join Ireland, France and Canada as countries who nationals can apply for a subclass 417 - Working Holiday visa up to the age of 35.

Arrangements for age caps are agreed by country, meaning it is unlikely a blanket lift of the age cap will ever occur. However, if Australia signs a free trade agreement with the European Union, something that is currently under negotiation, it may be possible to see a bulk lift of age caps for EU countries. This is unlikely though as France, an EU member country, already has its age cap increased.

While the increase is good news for many UK nationals, they will still need to wait until Australia’s international borders reopen for working holiday makers to make use of this visa.

International trade exemptions for labour market testing for 482 visas

An almost certain benefit to the free trade agreement will be for businesses sponsoring UK nationals for a Subclass 482 – Temporary Skill Shortage visa as they will likely be exempt from the need to undertake labour market testing. Labour market testing is where a business advertises the position to see if a suitable local Australian citizen or permanent resident worker can be found. Last year the labour market testing requirements increased the minimum number of adverts from two to three within the four-month period prior to lodging a nomination.

Despite not directly announced and without any legislative amendment yet, all other free trade agreements nations enjoy the benefit of not requiring labour market testing.

Where international trade obligations apply, 482 visas under the Short-term stream can be granted a visa for up to four years, which is twice the two-year maximum when they do not.

Mutual professional recognition for skill assessments

While not directly visa-related, mutual professional recognition may benefit UK nationals wanting to migrate on independent skilled visas, otherwise known as General Skilled Migration (GSM) visas. These include the:

  • Subclass 189 – Skilled – Independent visa,

  • Subclass 190 – Skilled – Nominated visa, and

  • Subclass 491 – Skilled Work Regional (Provisional) visa.

Where mutual professional recognition may assist is when obtaining the mandatory skill assessment for a primary visa applicant’s nominated occupation. Skill assessments may also be required for subclass 186 - Employer Nomination Scheme visas and subclass 494 – Skilled Employer Sponsored Regional (Provisional) visas. Where licensing is necessary, mutual recognition may see the skill assessment requirements more easily met and may short circuit the need for work experience in Australia. What occupations this will apply to is hard to predict but can be expected to benefit heavily regulated professions such as lawyers and medical practitioners.

Agricultural visa coming

In a subsequent press conference, the Prime Minister announced that the government will be “moving forward” on an agricultural visa. The rumoured target for labour will be Asian workers.

Perhaps in recognition of the pre-COVID labour supply shortage in agriculture that has only been exacerbated by international border closures, the sector will have a dedicated visa. When this is rolled out and any further details have yet to be disclosed but may operate similar to the Seasonal Worker Program and Pacific Labour stream under the subclass 403 – Temporary Work (International Relations) visa.