The Agriculture Visa as a Pathway to PR in Australia

How can the Agriculture Visa lead to Permanent Residence in Australia?

Earlier this year, Acting Prime Minister Michael McCormack promised to help farmers fill labour shortages by delivering a new agriculture visa before the end of 2021.

The decision came after the Australian government removed the requirement that British backpackers work on farms before extending their stay in Australia. This move would reduce the seasonal workforce by 10,000 people.

The latest report estimates that Australia’s fruit and vegetable farmers need an extra 26,000 workers to harvest their crops this summer.

A statement co-signed by the Deputy Prime Minister, Foreign Minister, Agriculture Minister and Immigration Minister said the visa would be available to workers in farming, fisheries, meat processing and forestry. It will not be capped and will include pathways towards permanent residency and regional resettlement.

Additionally, the government plans to meet agricultural workforce shortages by building on the existing Seasonal Worker Programme (SPW) and Pacific Labour Scheme (PLS).

How do I participate in the agriculture visa program?

The Government has announced some further details however the program will only be available for use via a phased approach – with only approved employers and a small number of workers permitted to use the program in Phase 1. According to the Government’s Fact Sheet, here are the details about the two phases:

In Phase 1, a small number of agriculture worker arrivals can enter between December 2021 and March 2022, depending on border settings, country readiness and quarantine availability. This will be open only to a small number of existing Approved Employers who are already accredited and experienced with the existing Pacific Area Labour Mobility (PALM) Scheme. The number of people that can arrive under the visa in Phase 1 is still being considered.
In Phase 2, from April 2022, the program will open more broadly to employers. There will also be an increase in the number of workers able to participate and the number of countries participating will expand.

What sectors and skills are covered by the scheme?

The new agriculture visa will support recruitment of workers for the broad range of Australian agricultural industries, as well as the meat processing, fishery and forestry sectors. Particular occupations may be specified as more details of the program are confirmed in consultation with industry.

The agriculture visa program will target skilled, semi-skilled and low-skilled workers across these sectors.

How will the Agriculture visa work?

Under the proposal, applicants will receive a visa to live in Australia for 3 years provided they:

Perform agricultural work for the bulk of their time in Australia; and
Return to their home nation for 3 months of every year.

The details are yet to be defined but the visa is said to differ from the Seasonal Worker Programme in that employer sponsorship will not be required. This opens doors for more travellers and grants them the freedom to change employers once in Australia if they are not receiving adequate wages or working conditions whereas previously they may have found themselves ingratiated to their sponsor.

How will the agriculture visa program ensure worker protections?

All workers in Australia have the same rights and protections at work, regardless of citizenship or visa status. Employers must pay wages and entitlements as set by law and provide a safe workplace.
These rights and protections will apply equally to workers coming to Australia under the Australian agriculture visa.
Standards to protect workers from exploitation will be modelled on existing standards under Australia’s Pacific worker programs.
The Australian Border Force and the Fair Work Ombudsman play an important role in ensuring compliance with visa requirements and workplace laws respectively.
Furthermore, the Government remains committed to establishing a national approach to labour hire regulation and is working with state and territory governments to identify opportunities for harmonising state and territory labour hire schemes.

Agriculture Visa Australia

International border restrictions have had a particularly harsh impact on the agriculture industry. Due to ongoing difficulties in finding local Australians to fill these positions, the industry has been reliant on migrant workers for many years.

Farmers have been calling for a dedicated agriculture visa since 2016 and border restrictions have only served to exacerbate labor shortages and put more strain on agribusinesses.

Many other industries are also experiencing skill shortages and the new Agriculture Visa will hopefully pave the way for the establishment of other industry-specific visas during the pandemic.

If you require assistance with your company's visa sponsorship options, please contact Pace Migration & Education Consultancy agent to discuss your situation. Alternatively, you can simply call us at 0434 123 123 for a quick chat or email us at [email protected] for more information or updates regarding the Agriculture Visa.

Source: sbs, interstaff, dfat