When Bridget (not her real name) arrived in Australia from France in July 2019 she was intending to stay for a while — possibly even permanently.
It was one reason why she decided to apply for the "medium stream" of the 482 temporary skill shortage visa; it would give her the option to apply for permanent residency after living in a regional area for three years.
Bridget, who is a winemaker and has asked for her real name not to be used to avoid any negative impact on her future job applications, found a business in Shepparton, in country Victoria, to sponsor her visa. After arriving in Australia, she put her head down and worked hard. She was considered an essential worker and worked throughout the COVID-19 pandemic, and was embraced by the community.
The 40-year-old joined the Country Fire Authority in Victoria in late 2020 after seeing the devastation of the 2019/20 . In the last two years, she's battled small bush and shrub fires and recently worked in flood-impacted areas, helping with the evacuation of residents, sandbagging and as part of the clean-up.
Bridget has been volunteering with the CFA in Victoria for around two years. Source: Supplied / Charis Chang
The lawyer informed her that changes made by the Federal Government in 2019 meant she was now no longer eligible to apply to be a permanent resident.
"I was quite shocked," Bridget said of the news, which she described as "highly frustrating, unfair and very heartbreaking".
"You have been in this country for three years, you kind of decided you wanted to stay, and you have friends, you have a home, you have maybe animals, you've gathered some stuff.
"So all of a sudden to be confirmed that you don't have the option of staying, and you had it before, it's very unfair.
Bridget has been working as a winemaker in Australia for three years. Source: Supplied
Unclear how changes to visa were announced
The Department of Home Affairs says changes to the 482 visa were announced on 20 March 2019. These changes effectively block anyone who applied for the visa's medium-term stream after that date from being eligible for permanent residency through the Regional Sponsored Migration Scheme (RSMS) visa (subclass 187). It also introduced a new 494 visa, that effectively replaces the 482 visa.
It's unclear how the change was announced and Bridget says she did not see any information about it. She was not told of the change when she lodged her visa application on 19 June.
Bridget said she had started the process of applying for the visa well before March. She made contact with her sponsoring employer in December the year before and they had identified the 482 medium-stream as her best visa option. The employer had applied to be a sponsor on 5 February and they nominated Bridget on 8 June. Once the nomination was approved, she applied for the visa.
Bridget said the changes were not made clear and doesn't know how the announcement was made. She believes others may also be in the same situation and not realise it.
"It's not clear at all, the whole thing is kind of sneaky," she said.
SBS News has asked the Department of Home Affairs how the change was announced so that those potentially impacted would be informed, but did not receive a response.
It's understood that up to 17,897 applications for the medium stream of the 482 visa were lodged between 1 March 2019, and 31 November 2019, when the change was mentioned in the department's skilled visa newsletter. It's unclear how many of these applications were related to the regional program.
A spokesperson for the Department of Home Affairs said the temporary skills shortage visa program was intended to be flexible and responsive to the economic cycle, in line with employer demand to fill genuine vacancies where an Australian worker is not available.
But if Bridget had applied for the short-term stream - which did not previously give her access to permanent residency - instead of the medium-term stream, she would now be eligible to apply for permanent residency under changes announced by the government on 1 July, 2022 as a .
Australia's visa system has 'failed to support' migrants
Asked about Bridget's case at a migration conference hosted by the Committee for Economic Development of Australia (CEDA) last week, Immigration Minister Andrew Giles said he could not comment on individual circumstances but added "yes is the answer, and it has to be yes," when it comes to whether these types of cases could be addressed.
He told SBS News he had been told "many similar stories".
"I'm very conscious that we need to be appropriately welcoming to anyone, whether it's to spend a couple of weeks as a tourist or to make a life," he said.
"We've also got to recognise that our visa system in the past has chopped and changed too often ... and that is why I think it is so important to focus on what we are trying to do with our migration system, and then make the changes, rather than continuing to tinker in piecemeal fashion, and set up problems like the one you've referred to here."
He said the government did not apologise for prioritising people offshore as these workers were needed.
"But I think we do have to recognise that the manner in which we have operated .... the manner in which we have supported people or too often failed to support them, impact significantly, not just on their lives but on our ability to continue to attract them - retaining people who want to make a contribution, and in many cases, a life here," he said.
Former top public servant Martin Parkinson, who is one of three experts leading the government's review into the migration system, acknowledged that Australia's visa system was incredibly complex and inflexible.
"When you've got 100 visa subclasses, it's pretty hard to see what the strategic rationale is," he said at the CEDA conference.
'They just shut the door without giving us any options'
Even if Bridget had found out about the changes to her visa earlier, she said it would have put her in a difficult position as it probably would have meant both she and her employer would have had to spend thousands more dollars on a new visa application.
She said the government had provided transitional arrangements in other situations so that visa changes meant people didn't lose access their pathways to permanent residency, including when they changed the 457 visa in 2018.
"But for us, they just shut the door without giving us any options," she said.
Bridget now can't apply to become a permanent resident. Source: Supplied
Bridget could apply for another temporary visa and basically start again, hoping that in another three years she may be able to apply for permanent residency.
"But what tells me that in three years' time, they're not going to change again that legislation, and I'm then not going to be eligible anymore?" she said.
"I followed all the rules, why do I have to start from scratch?"
The Department of Home Affairs did not address questions asked by SBS News about why it thought the situation facing Bridget was an acceptable outcome.
I followed all the rules, why do I have to start from scratch?- Bridget
As a temporary worker, Bridget is not eligible for Medicare or Centrelink payments. Despite paying taxes for three years, she could not apply for government assistance to compensate the loss of income for the three days of work she took off to help with the CFA's flood recovery efforts.
Bridget is now contemplating leaving Australia, either to find a job elsewhere or to apply for a visa offshore.
"What I don't understand is why are we not good enough to be residents of this country?" she said.
"We have been working regionally but still can't apply to 191, we have been working through COVID but still can't apply to 186, we are skilled and experienced but still won't get an invitation for point [189] visas because we are in Australia.
"I've got nowhere to go apart from starting from scratch, and why would I believe the Australian Government again when I've already followed their rules and done everything?"
Minister for Home Affairs Clare O'Neil has announced a comprehensive review of Australia's migration system, including that it serves the national interest and complements the skills and capabilities of Australian workers.
Three experts have been appointed to establish the core principles of the migration system, which will guide future reform, with a report to be submitted to the government in early 2023.
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