Return to All Articles

New Migration Regulations – what you need to know.

New Migration Regulations: What Small Business Owners Need to Know

Australia’s new Migration Amendment (Work-Related Visa Conditions) Regulations 2024 are shaking up the immigration landscape. These changes are important for small business owners as they impact both employers and the so-called ‘golden handcuffs’ that previously tied sponsored workers to their employers.

Increased Worker Mobility

The new regulations give temporary migrants more freedom in the labour market. This applies to holders of Subclass 457, Subclass 482, and Subclass 494 visas. The most significant change is that these visa holders now have a maximum of 180 consecutive days to stop working under their sponsor without breaking their visa conditions, up from the previous 90 days. Over the entire visa period, they can spend up to 365 days working outside their sponsorship arrangement. This means they can take jobs outside of their nominated sponsor, even in different occupations.

Balancing Employer-Employee Power

These reforms address the power imbalance that existed between employers and temporary migrant workers. Previously, workers were often afraid to leave bad situations or report unfair treatment for fear of losing their visa status. Now, with these changes, workers can feel more secure in raising workplace issues, leaving exploitative environments, and supporting investigations into employer misconduct. The new regulations effectively dismantle these ‘golden handcuffs,’ providing workers with more flexibility and protection.

Impact on Employers

The changes are intended to boost productivity for employers and the Australian economy by making it easier for migrant workers to switch jobs.

However, employers will now need to invest more in retaining their skilled migrant workers. This might involve offering better working conditions, competitive salaries, and other incentives to keep employees satisfied and engaged.

Future Changes

Additionally, the Australian Government’s Migration Strategy has hinted at further changes, such as adjusting the eligibility requirements for employer-sponsored permanent residency. One potential change is removing the requirement for workers to stay with the same employer for two years to be eligible for permanent residency. This could further influence the labour market dynamics.

Key Takeaways

For small business owners, adapting to these new regulations is crucial.

Stay informed, be ready to make adjustments, and see these changes as a chance to improve your business practices and support a more flexible and productive workforce.