Let's start with where things currently stand for immigration in Australia...
Snapshot
Overall, things are becoming increasingly better. Despite ongoing uncertainty in an unpredictable world, the resources sector has a solid list of occupations available to sponsor skilled talent from offshore.
The important thing to consider when targeting and onboarding talent is which list or agreement applies to the role you need to fill. Why? Because the occupation list will dictate the length and permanency of a person’s stay in Australia. Understanding the length and permanency of a person's visa will allow planning for project demands to be met, better mitigation of risk and mentoring of junior talent.
Lists and Agreements
So, what do the lists and agreements actually mean for you as a business owner?
Sponsoring TSS visa holders
As a general guide, to sponsor a person on Subclass 482 (TSS Visa) (the visa that replaced the 457), the person must fall on a Skilled Occupation List. The lists are as follows:
Then, some occupations may also fall on the PMSOL...
Priority Skilled Migration List
As an industry, the mining and resources sector is ahead of many others when it comes to having occupations on the Priority Skilled Migration Occupation List (PMSOL). This list essentially offers quicker processing of a visa application and persons with approved visas on this list also have access to a travel exemption to enter Australia. Of course, this does not guarantee that a flight will be available from that person’s home country however, it certainly provides some hope for filling the skills shortages in these roles.
What must be a consideration in recruiting for these roles is the state of the country that the visa holder is due to depart from. Where a country is in complete disarray because of COVID-19, recruitment efforts may be wasted. However, where a country is starting to live ‘normally’ with the pandemic, it is more likely that flights will be available.
Given this, the best tactic for overseas recruitment is to focus efforts on occupations on the PMSOL in countries that are in recovery from COVID-19.
Getting Ready for Borders to Open
When borders do open, there will naturally be an influx of migrants travelling from overseas for work, study, or personal reasons. This influx will likely cause an increase in visa applications and delay processing times. So, to avoid the stamped it is best to get ahead of the trend now. Even for occupations that are not on the PMSOL. There is no limitation on making a visa application for a skilled worker. That application is then in the cue and ahead of the expected tranche of others once borders do reopen.
Where can you find these skilled migrants you might ask? The answer is either via targeted recruitment campaigns in known source countries or making strategic alliances with international industry organisations. Targeted recruitment campaigns in source countries will provide at least a variety of talent to choose from to fill roles in Australia as the need for experienced talent increases. And, strategic alliances will open the door to understanding training and skill levels in the country of origin, offer access to members and allow for sharing of critical information about the sector.
Of course, this will only be relevant for occupations that are on a skilled occupation list with a recognised shortage in Australia.
So, where does that leave occupations that do not fall on a skilled occupation list? For example Drillers or Operators.
Alternative Agreements
For occupations that are not currently recognised as having a skills shortage in Australia (despite what we know) there alternative agreements available.These include a Labour Agreement (for off list occupations) or a Designated Area Migration Agreement (DAMA) for projects in specific areas, nominating specific occupations. Effectively these agreements are a specialised agreement between a company and the Australian Government. The agreement sets out the parameters in which a person can be hired on a visa for Australia, including occupation and exemptions.
These agreements require consultation with industry and evidence of a skills struggle. This information is collated together in a submission to the Australian Goverment. This would of course be a long-term strategy (approximately 12 months) however there is no better time to start then now.
If an alternative agreement is a consideration for your business, the occupations that may be considered are Drillers or Operators under a Labour Agreement. Or, under a DAMA - the occupations of Earthmoving Plant Operator and Excavator Operator are available.
Geologists and the National Skills Commision
Finally – let’s talk about Geologists. It seems that in the list of industry occupations this has been overlooked, currently sitting only on the Short-Term Skilled Occupation List. With explorative mining at a peak and a significant lack of skilled labour in this area, it is confusing as to why this occupation has not been recognised as one that we are in dire need of in Australia. The best way to have this occupation recognised is by way of submission to the National Skills Commission. This submission should be occupation specific and demonstrate the detrimental value that the lack of geologists in the sector is having on the Australian economy.
All things considered, businesses that have a strategic response to the skills shortage will be ahead of the game, especially when international borders actually open.
If your business requires migration or strategic support to prepare migration solution to the skills crisis, please reach out to our Principal Solicitor, Rachael Bosnjak at rachael@passagemigration.consulting.
Otherwise, good luck, stay safe and plan well.
Rachael is our Legal Practice Director, Youtube Host and Creator of Passage Migration Consulting.
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