The extraordinary pandemic measures continue to be wound back. After the PMSOL was abolished the Department of Home Affairs’ website was updated recently giving notice of sunsetting their policy of allowing student visa holders to work more than their visa conditions allow where applicable: visa condition 8105 for primary visa holders, and visa condition 8104 for secondary visa holders. Unrestricted work rights and allowing work before their course of study commences will end on 30 June 2023.

Of course, all student visa holders must comply with all other conditions of their visa including maintaining their enrolment and satisfying course attendance and progress – visa condition 8202.

The other policy of allowing working holiday makers (subclass 417 – Working Holiday visa and 462 – Work and Holiday visa) to work for more than 6 months with any one employer, visa condition 8547, unless exempt, is due to end on 31 December 2022. This is subject to review so may be extended.

There is no news on the biggest feature of the pandemic, the subclass 408 – Temporary Activities visa under the Australian Government endorsed events (COVID-19 Pandemic event) stream being repealed, but it seems that this might not be too far away.

Migration system under review

The Minister for Home Affairs announced yesterday a “comprehensive review of Australia’s migration system”.

The terms of reference highlight the primary focus on skilled visas and the need to be fit for purpose.

An interim report is expected on 28 February 2023 with a focus on carrying approved recommendations through to the 2023-24 Federal Budget and is the follow-through of the Jobs and Skills Summit.

Speculation on recommendations include the removal of occupation lists, an increase to the Temporary Skilled Migration Income Threshold (TSMIT), and perhaps even a one-off regularisation of undocumented workers. Employer sponsored temporary (subclass 482 - Temporary Skill Shortage visa), provisional (subclass 494 – Skilled Employer Sponsored Regional (Provisional) visa) and permanent (subclass 186 - Employer Nomination Scheme visa) visas are likely to feature heavily.