Latest Update – Open Work Rights for Partners Reintroduced
Open work rights for partners
The Government has recently announced changes to reintroduce open work rights for partners, with specific eligibility criteria.
Eligibility Criteria
For a partner to be eligible for open work rights, the main applicant must:
- Hold an Accredited Employer Work Visa (AEWV) in an Australia and New Zealand Standard Classification Occupation (ANZSCO) skill level one – three role and earn at least $25.29 per hour; or
- Hold an AEWV, and earn at least $47.41 per hour (regardless of ANZSCO skill level); or
- Hold an AEWV, earn at least $31.61 per hour in a Green List role, and meet the Green List requirement for that role; or
- Hold an AEWV under the Transport or Care Sector agreement, and earn at least $25.29 per hour (or the sector agreement wage requirement, whichever is higher); or
- Hold an Essential Skills Work Visa (ESWV) and earn at least $25.29 per hour.
Eligible partners can work for any employer, in any position, and in any location.
Conditional Partnership Visas
From 2 December, partners currently on a conditional partnership work visa can apply for their work conditions to be removed, if the main applicant meets the above criteria. The application fee is $325.
AEWV / ESWV holders in an ANZSCO skill level four to five position
Unfortunately, AEWV holders in an ANZSCO skill level four to five role cannot support their partners to obtain a partnership-based work visa. This is unless they earn $47.41 per hour or are under the Transport or Care Sector agreement.
However, the recent policy change permits partners of AEWV or ESWV holders, who are working in an ANZSCO skill level four to five role, to be granted an open work visa provided that on 26 June 2024, the partner held a partnership visa based on the AEWV or ESWV holder or had already submitted an application for a partnership work visa and it was later granted.
Key takeaways
- The removal of conditional partnership visas is a positive change, offering greater flexibility to partners and some relief to employers, who no longer need to be accredited or pay the median wage of $29.66 per hour.
- More importantly, it will hopefully help with reducing migrant exploitation, as a partner can more easily move to a different employer regardless of their accreditation status.
If you need advice or assistance with your application, contact our Immigration team.
Special thanks to Partner Nicola Tiffen and Senior Solicitor Po-Yen Liu for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
