News & Insights

Earlier this week, the Migration Act 1958 was amended to make way for the Government’s introduction of the Pacific Engagement Visa (“PEV”). Eligible visa applicants will enter a ballot process in the hope of securing one of 3,000 permanent Australian visas to be granted annually.

Two new bills have introduced this new process into the Migration Act with the intention of providing “equitable and fair access to temporary and permanent migration programs” for residents of the Pacific. Applicants who enter the ballot will need to satisfy certain baseline eligibility criteria to be in the running to secure an invitation to apply for the PEV.

 Pacific Engagement Visa

The PEV is a new form of permanent visa which aims to provide access to permanent residence in Australia for an annual quota of specific Pacific and Timor-Leste applicants. Up to 3,000 visas will be annually allocated to Pacific and Timor-Leste nationals through the new ballot process, with eligible countries being likely to (non-exhaustively) include Micronesia, Fiji, Papua New Guinea, and Tonga. Only general criteria for eligible countries have been announced so far, being based on factors including “population size, diaspora in Australia, existing migration opportunities and expected demand”.

Application eligibility for a PEV will include:

• being aged between 18 to 45 to enter the ballot, and being selected through the ballot;
• securing (or an applicant’s spouse/partner securing) a formal ongoing job offer in Australia;
• meeting English language, character and health checks;
• holding a passport for a participating country; and
• having been born in, or have a parent who was born in, an eligible country.

Consideration will also be given to the availability of other migration and citizenship pathways for Pacific residents to the United States, New Zealand and France. Currently, there is also expected to be a charge of $25 to enter the ballot for the PEV, however the recent amendments cap the amount of a potential charge at $100. The purpose of this charge is to deter illegitimate claims from being made.

Challenges of current migration system

The PEV, along with the Government’s PALM Scheme, forms part of the Government’s intention to maintain and grow its ties to the Pacific and Timor-Leste region. Released in April 2023, an Outline of the Government’s Migration Strategy lists 4 major challenges faced by the current migration system, one being a failure to prioritise migrants which are needed for Australia’s economic prosperity and growth. According to a recent review of Australia’s migration system by the Department of Home Affairs, the Indo-Pacific is “critical” to Australia’s future prosperity and security. The PEV has therefore been justified as a measure to strengthen Pacific and Timor-Leste diaspora communities, and encourage greater cultural, business and educational exchange.

The PEV has largely been received positively both nationally and internationally. Allan Bird, governor of the East Sepik Province in Papua New Guinea, has welcomed the PEV, stating that “it’s about time, because all the Pacific Island countries share a bond with Australia”. Colin Peck, the Solomon Islands’ permanent secretary of foreign affairs has said “any of these economic opportunities … is something that is very much welcomed”.

Room for improvement

Some have called for further freedom of movement between Pacific nations and Australia.  Fiame Naomi Mata’afa, Prime Minister of Samoa, has floated the idea of creating a European Union-style common market in the region to allow for free movement of goods and people. This would aim to relieve a “pressure to migrate” caused by the current migration system. Supporters of the PEV have said that it is a step in this direction, as it will provide “permanent movement” between participating counties.

What’s next?

The Government’s migration and broader diplomatic strategies emphasise growth in the Pacific and Timor-Leste region. As such, employers can likely expect additional pathways to open for Pacific and Timor-Leste migrants, allowing additional opportunities for employment.

We eagerly await the release of further details on the specific criteria to be considered for the PEV and the mechanics of the process.

If you have any questions about the amendments or the PEV, the Employment, Safety and Migration team at Macpherson Kelley are well positioned to assist. Please do not hesitate to contact us.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.