Australia and United Kingdom Free Trade Agreement

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The Australia-United Kingdom Free Trade Agreement commenced 31 May 2023.

Amongst many benefits between the two countries, the following have been agreed to support immigration across both countries:

31 May 2023    Labour market testing

The Labour Market Testing concessions under the Aust-UKFTA commenced on 31 May 2023 and supported by Legislative instrument LIN 21/075 amended 31 May 2023  

Labour Market Testing exemptions are available for applicants who will be sponsored under subclass 482. Please note that these exemptions do not apply to Labour Agreements or Skilled Employer Sponsored Regional (Provisional) visa (subclass 494).

The Employer Sponsored Program has confirmed that it considers the Contractual Service Suppliers category is constituted by all remaining natural persons not otherwise covered by the ITO categories contained within a particular trade agreement.

The A-UKFTA is complex and various relevant parts of the A-UKFTA must be read in conjunction with each other not in isolation.

Persons covered by the A-UKFTA (as defined):

      • Business visitors

      • Installers and servicers

      • Intra- corporate Transferees

      • Independent executives

      • Contractual service suppliers

      • Spouses and dependents

    Occupations eligible for employer sponsorship under subclass 482 visas include:

    The following occupations are exempt from advertised LMT under s 140GB(1)(c):

        • intra-company transferees – executive, senior manager or specialist

        • independent executives – establishing and operating a branch in Australia

        • contractual service suppliers – employees of UK enterprise with a contract of service in Australia or engaged by an enterprise lawfully and actively operating in Australia to supply a service under contract within Australia.

      Approved sectors for service contracts for contractual service suppliers:

      Enterprises must hold the contract of service:

      that the UK applicant is engaged by an enterprise lawfully and actively operating in Australia and that enterprise has a contract to supply a service under contract within Australia’

      Enterprise actively operating in Australia:

          • Legal services only with respect to foreign law and public international law (part of CPC 861)

          • Engineering Services (CPC 8672)

          • Integrated Engineering Services (CPC 8673)

          • Management Consulting Services (CPC 865)

          • Services related to Management Consulting (CPC 866)

          • Architectural Services (CPC 8671)

          • Urban Planning and Landscape Architectural Services (CPC 8674)

          • Computer and Related services (CPC 84)

          • Market Research and Public Opinion Polling Services (CPC 864)

          • Research and Development Services (CPC 851, 852 excluding psychologist services, 853)

          • Translation and interpretation services, excluding official or certified activities (CPC 87905)

          • Postal and courier services (advisory and consultancy services only) (CPC 751)

          • Insurance and Insurance Related Services, only in respect of advisory and consulting services

          • Other Financial services, only in respect of advisory and consulting services

          • Mining (advisory or consulting services only) (CPC 883)

          • Telecommunication Services only in respect of advisory and consulting services (CPC 7544)

          • Transport (advisory and consulting services only) (CPC 71, 72, 73, 74)

          • Services incidental to agriculture and animal husbandry (CPC 8811 and 8812)

          • Manufacturing (advisory and consulting services only) (CPC 884, 885)

        UK enterprises:

        All of the above plus:

            • Taxation Advisory Services[4] (CPC 863)

            • Accounting and Bookkeeping Services (part of CPC 86212, 86213, 86219, 86220)[5]

            • Advertising Services (CPC 871)

            • Site Investigation Work (CPC 5111)

            • Environmental Services (CPC 9401, 9402, 9403, 9404, 9405, part of 9406 and 9409)

            • Related Scientific and Technical Consulting Services (CPC 8675)

            • Technical testing and analysis services (CPC 8676)

            • Travel agency and tour operator services (CPC 7471)

            • Maintenance and repair of vessels, rail, road, and aircraft equipment (CPC 6112, 6122, part of 8867, part of 8868)

            • Maintenance and repair of personal and household goods (CPC 633)

          Moving forwards and to avoid any confusion, we will be requesting Labour Market Testing to all UK citizens unless they are an Inter-Company Transferee.

          1 July 2023       Working Holiday Visa – subclass 417

          The age limit for UK citizens who want to apply for Australia’s Working Holiday Visa will increase to 35 (up from 30).

          31 January 2024          Youth Mobility Scheme

          The age limit for Australian citizens seeking to enter the United Kingdom under the Youth Mobility Scheme will increase from 30 to 35, and applicants will be able to extend their stay for up to a total stay of three years (up from the current limit of two years).

          1 July 2024       Working Holiday Visa – subclass 417

          UK citizens eligible for this visa in Australia will also be able to stay in Australia for a total of three years without having to meet specified work requirements  

          For any clarification on the these new changes, feel free to contact our office.

          MARN 1386281L