• Insights

China-Australia Free Trade Agreement: Implications, Licensing and TSMIT Review

November 27, 2015

Marco Deutsch

Countries / Territories

  • AustraliaAustralia
  • ChinaChina

Related offices

  • Fragomen in Beijing, China
  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Shanghai, China
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Beijing, China
  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Shanghai, China
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Beijing, China
  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Shanghai, China
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Neil Maybanks

The China-Australia Free Trade Agreement (ChAFTA) signed on 17 June 2015 marks an historic step towards greater business and investment opportunities across a wide variety of economic sectors in Australia and China.

The ChAFTA commitments on movement of natural persons are intended to support three key elements of the Agreement:

  1. Increased trade and investment between the two countries;
  2. A reduction in barriers to labor mobility; and
  3. Improvements to temporary entry access within the context of each country’s immigration and employment frameworks.
 
Before ChAFTA can be brought into force, Australia must complete its necessary domestic processes, and the Government has now confirmed the support of the Opposition to ensure the safe passage through Parliament of the implementing bills and accompanying legislation.
 
As part of ChAFTA, the government has agreed to a number of measures designed to provide further clarity and comfort in regard to key issues raised by the Opposition. These include 457 visa registration and licensing requirements and the bringing forward of the Temporary Skilled Migration Income Threshold (TSMIT) review.  
 
Registration and licensing
 
With the exception of medical practitioners, who are required to meet these requirements prior to visa grant, current regulations allow a person outside Australia to be granted a 457 visa prior to meeting the mandatory registration, licensing or professional membership requirements to work in the country. The individual is, however, required to take reasonable steps to meet any mandatory requirements as soon as possible after entering Australia and before commencing work in that occupation.
 
In regard to subclass 457 visa holders, the government has announced that it will amend the visa condition to make it clear that licenses, registrations or memberships required under commonwealth, state or territory law must be obtained within 90 days of arrival in Australia. The visa holder will be required to notify the Immigration Department if their license or registration is refused, revoked, has ceased or been cancelled.
 
The Immigration Department has also reaffirmed that it will continue to investigate evidence-based allegations of non-compliance with visa conditions, including those concerning licensing and registration and that it will report annually on visa compliance monitoring.
 
TSMIT review
 
As recommended by the recent Independent Review of the integrity of the Subclass 457 Visa Program, the government committed to undertake an evidence-based review of the TSMIT. This review, which was scheduled to commence by the end of 2015, has now been brought forward as part of the government’s agreement with the Opposition.
 
The review will consider the current income threshold level of AUD 53,900 to assess whether it should be indexed and, if so, advise on an appropriate methodology to implement any changes.
 
Important considerations for businesses
 
Australia’s existing visa arrangements, including the 457 Visa Program, will continue to be the basis for implementing Australia’s commitment to labor mobility. Under ChAFTA, the increased focus on compliance with the licensing conditions of 457 visas has wider implications for businesses beyond those relating to employing Chinese nationals in Australia.
 
With the government poised to introduce licensing amendments, now is an opportune time for businesses to review their existing 457 visa population for compliance with license, registration and membership regulations.
 
It will also be important to ensure any new 457 visa holders will be able, where required, to obtain licenses or registration and commence work within 90 days of their arrival in Australia. The proposed amendment for the visa holder to notify the Immigration Department if their license or registration is refused, revoked, has ceased or been cancelled, will mean business owners must be confident that the individual will be able to meet these requirements after arriving in the country.
 
Fragomen will be making submissions to the Immigration Department on behalf of its clients in response to the TSMIT review scheduled to commence before the end of 2015, and will continue to report developments throughout the consultation process. It is important to note that the current rate will not be increased prior to the conclusion of this review.
 

MARN 0639858

 

Countries / Territories

  • AustraliaAustralia
  • ChinaChina

Related offices

  • Fragomen in Beijing, China
  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Shanghai, China
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Beijing, China
  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Shanghai, China
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Beijing, China
  • Fragomen in Brisbane, Australia
  • Fragomen in Melbourne, Australia
  • Fragomen in Perth, Australia
  • Fragomen in Shanghai, China
  • Fragomen in Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Fragomen news

Fragomen and Talent Beyond Boundaries Named Co-Chairs of Global Task Force on Refugee Labour Mobility

Fragomen and Talent Beyond Boundaries announce that they will jointly serve as co-chairs of the Global Task Force on Refugee Labour Mobility for a two-year term beginning in June 2026.

Learn more

Blog post

From Barnsley to the North: AI Growth and the UK's Immigration Challenge

In this blog, Manager Gillian Gibbons and Immigration Consultants Gemma Oliver and Larna Kate Hadfield examine how Barnsley’s designation as the UK’s first government-backed Tech Town reflects wider AI and digital growth across the North of England, and why immigration strategy will be critical for employers seeking to access the global talent needed to support regional innovation.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 25, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
June 25, 2026 | CanadaCanada: Quebec to Reopen Family Sponsorship Applications Under New Intake Caps
June 25, 2026 | United StatesUnited States: Supreme Court Allows Termination of TPS for Haiti and Syria to Proceed
June 25, 2026 | VenezuelaVenezuela: Government Operations and Travel Disruptions Following Earthquakes
June 25, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 25, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
June 25, 2026 | CanadaCanada: Quebec to Reopen Family Sponsorship Applications Under New Intake Caps
June 25, 2026 | United StatesUnited States: Supreme Court Allows Termination of TPS for Haiti and Syria to Proceed
June 25, 2026 | VenezuelaVenezuela: Government Operations and Travel Disruptions Following Earthquakes
June 25, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
June 25, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.