Changes to 457 may cause problems for rural Australia

http://www.abc.net.au/rural/content/2013/s3713417.htm

An explanation of what the 457 visa is used for and which industries use it the most:

http://theconversation.edu.au/explainer-457-visas-in-australia-12622?utm_medium=email&utm_campaign=Latest+from+The+Conversation+for+15+March+2013&utm_content=Latest+from+The+Conversation+for+15+March+2013+CID_bdc251a0c90e9bfee82a3254a362f6ef&utm_source=campaign_monitor&utm_term=Explainer%20457%20visas%20in%20Australia

Kevin Rudd praises contribution of migrants and 457 changes may impact on rural Australia

Commentary on Kevin Rudd’s recent speech on the contribution of migrants

http://www.theaustralian.com.au/national-affairs/immigration/kevin-rudd-lauds-migration-amid-ongoing-row-over-457-visas/story-fn9hm1gu-1226592443517

Further details of 457 changes

Further details on the planned changes for 457 visas have been released by DIAC on their website.

“The measures being brought forward include:

• the introduction of a genuineness criterion under which the department may refuse a nomination if the position does not fit within the scope of the activities of the business
• an increase in market salary exemption threshold from $180 000 to $250 000 to ensure that higher paid salary workers are not able to be undercut through the employment of overseas labour at a cheaper rate
• the removal of English language exemptions for certain positions. Many long-term 457 workers go on to apply for permanent residence, and  this change will ensure that the 457 program requirements are brought into line with the permanent Employer Sponsored program which requires a vocational English ability. This change will benefit visa holders by ensuring that 457 visa holders, who have an ongoing position with their employer and want to apply for permanent residence in the long-run are not disadvantaged because of their language ability. Applicants who are nominated with a salary greater than $92 000 will continue to be exempted from the English language requirement
• enhanced regulatory powers for the department to ensure that the working conditions of sponsored visa holders meet Australian standards and that subclass 457 workers cannot be exploited or used to undercut local workers
• amendments to existing training benchmark provisions to clarify that an employer’s obligation to train Australians is ongoing and binding for the duration of their approved sponsorship, including for newly established business
• amendments to clarify that 457 workers may not be on-hired to an unrelated entity unless they are sponsored under a labour agreement
• amendments which will allow the department to refund a visa application fee in circumstances where an employer nomination has been withdrawn.”

Changes to 457 visa program announced

On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.

The changes announced are:

“Under the changes:

• Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
• The English language requirements for certain positions have been raised
• The enforceability of existing training requirements for businesses that use the program will be strengthened
• The market salary exemption will rise from $180 000 to $250 000
• On-hire arrangements of 457 visa workers will be restricted
• Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
• Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”

http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm

What we still do not know?

The details of the changes to English levels changes have not been released.

The date from which the changes will be implemented.  It has been reported that the changes will be from the 1 June 2013:

http://brw.com.au/p/business/tighter_regime_needs_more_compliance_777FVeWDihQrSpqQwQ3KyM?goback=%2Egde_2950255_member_217501318

But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.

Changes to 457 visa program announced

On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.

The changes announced are:

“Under the changes:

• Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
• The English language requirements for certain positions have been raised
• The enforceability of existing training requirements for businesses that use the program will be strengthened
• The market salary exemption will rise from $180 000 to $250 000
• On-hire arrangements of 457 visa workers will be restricted
• Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
• Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”

http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm

What we still do not know?

The details of the changes to English levels changes have not been released.

The date from which the changes will be implemented.  It has been reported that the changes will be from the 1 June 2013:

http://brw.com.au/p/business/tighter_regime_needs_more_compliance_777FVeWDihQrSpqQwQ3KyM?goback=%2Egde_2950255_member_217501318

But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.

Reactions to the proposed changes?

The announcement has been received negatively by Australian business:

http://www.abc.net.au/worldtoday/content/2013/s3697369.htm

http://myresources.com.au/news/27-latestnews/7256-business-urges-caution-on-visa-changes

http://www.theage.com.au/opinion/political-news/business-warns-against-visa-changes-20130224-2ezll.html

If you want to know more?

You can contact Chris Johnston at Work Visa Lawyers.

Changes to 457 visa program announced?

On the 23 February 2013 the Minister for Immigration Brendan O'Connor announced that there will be changes to the 457 visa program.

The changes announced are:

“Under the changes:

• Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
• The English language requirements for certain positions have been raised
• The enforceability of existing training requirements for businesses that use the program will be strengthened
• The market salary exemption will rise from $180 000 to $250 000
• On-hire arrangements of 457 visa workers will be restricted
• Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
• Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment.”

http://www.minister.immi.gov.au/media/bo/2013/bo193683.htm

What we still do not know?

The details of the changes to English levels changes have not been released.

The date from which the changes will be implemented.  It has been reported that the changes will be from the 1 June 2013:

http://brw.com.au/p/business/tighter_regime_needs_more_compliance_777FVeWDihQrSpqQwQ3KyM?goback=%2Egde_2950255_member_217501318

But there has not been an official release on the changes by the Department of Immigration and Citizenship as yet.

Reactions to the proposed changes?

The announcement has been received negatively by Australian business:

http://www.abc.net.au/worldtoday/content/2013/s3697369.htm

http://myresources.com.au/news/27-latestnews/7256-business-urges-caution-on-visa-changes

http://www.theage.com.au/opinion/political-news/business-warns-against-visa-changes-20130224-2ezll.html

If you want to know more?

You can contact Chris Johnston at Work Visa Lawyers.

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I have recently noticed that the number of approved Universities for the Skilled Recognised Graduate Visa (Subclass 476) has been increased dramatically.

If you have graduated from an approved University, then you may be able to apply for this visa.

When you hold this visa you can travel, work, undertake further professional studies and or study.  The visa is for up to 18 months.

It is like a Working Holiday visa on steroids!

Check out this list of approved Universities:

http://www.immi.gov.au/skilled/general-skilled-migration/476/recognised-institutions.htm

Contact me if you need help applying for this visa.

The new Minister for Immigration and Citizenship is the Hon Brendan O'Connor MP.  

Any change of Minister for Immigration and Citizenship are interesting, because it can mean changes in  Department of Immigration and Citizenship policy.  The Minister of Immigration has the power to intervene under certain circumstances under the Migration Act, and so a change of Minister can also influence such requests for ministerial intervention.

Here is a link to his site:

http://www.brendanoconnor.com.au/news-and-media/local-media/appointment-as-minister-for-immigration-and-citize/

Firstly, I can make reference to an insightful blog by a representative of DIAC.   Kruno Kukoc, First Assistant Secretary Migration and Visa Policy Division, Department of Immigration and Citizenship.  The below blog summarises some of DIAC’s policy initiatives for 2012.

http://migrationblog.immi.gov.au/2013/01/24/a-year-in-review-2012/

It is a good summary of some of the changes and the intentions underlying the changes.

Secondly, I can add my own observations on the negative effects of changing so many major visa categories at the same time, from the 1 July 2012.  These included a surge in visa applications prior to visa changes, with the potential of significant processing  delays due to these numbers, and ongoing technical difficulties for the new SkillSelect  electronic visa system.

Immigration SA has recently updated its State Nominated Occupation List (SNOL) 2012-13 - On-list Occupations to include Enrolled Nurse ANZSCO Code 411411.

Additional Requirements for state sponsorship will include IELTS 7.0 in each band.

Applicants for SA state sponsorship will have to meet the State Sponsorship requirements as they apply to their situation.

This is a link to Immigration SA:

https://www.migration.sa.gov.au/node/104

While this is exciting news for Enrolled Nurses, at the time of writing this post, 23 January 2013, it is not possible to get the skills assessment done by the relevant skills assessing authority ANMAC.

Skills Assessments from mid-2013 (or later) by ANMAC

The ANMAC website says that they are currently working on the skills assessment criteria for enrolled nurses and that they will start assessments around mid-2013. This is the link for the Skills Assessing body:

http://www.anmac.org.au/international-services

The priority processing order released by DIAC since 1 July 2012 still has employer sponsored visas the Regional Sponsored Migration Scheme (RSMS) subclass 187 and Employer Nomination Scheme (ENS) subclass 186.

Source:

http://www.immi.gov.au/about/charters/client-services-charter/visas/8.0.htm

Registered Migration Agents can still lodge Decision Ready application for RSMS and ENS.

The ability for RMAs to indicate an application is decision ready has been built into the new online system for RSMS (subclass 187) and ENS (subclass 186).

Decision ready applications usually receive superior processing times from DIAC compared to non-decision ready applications.

A 5 point drop in the pass mark for some visas has been announce by the Department of Immigration and Citizenship.

“The pass mark for the new SkillSelect visa subclasses 189, 190 and 489 will be 60 points. Intending migrants will first need to submit an expression of interest (EOI) and be invited to make an application for these visas.”

“The pass mark for existing general skilled migration subclasses 175, 176, 475, 487, 885 and 886 will remain at 65 points.

The pass mark for the new SkillSelect visas will encourage a broader range of people with the skills and attributes needed in Australia to register their interest in migration.”

Source:

http://www.newsroom.immi.gov.au/media_releases/1063