Monday, September 17, 2007

Newsflash September 2007

NEWSFLASH
SEPTEMBER 2007


This is a client newsletter from Visa Solutions Australia on immigration and related matters. As the immigration rules to Australia are constantly changing, this newsletter aims to keep clients up to date on the recent changes that may affect employers and candidates in relation to Australia's immigration laws.


keep up!

Clients may well be struggling to keep up with the number and scope of changes to visa and immigration laws and regulations over the second half of 2007. While many of these changes relate to the sc457 visas, the rules for Skilled Migration have also changed. Employers and employees participating in the sc457 visa scheme were subject to changes in July (English language); August (Employer Sanctions), September (minimum salary changes) and October will likely see further changes (the Sponsorship Bill). To discuss any of these issues please contact our office or email 457@visasolutions.com.au .

English language exemption
Holders of sc457 visas on 1 July 2007 will not be required to prove English language skills if they make a further application for a sc457 visa providing the length of the subsequent application is shorter than the time remaining on the current visa. This change will allow numerous temporary workers from non-English speaking countries who are in Australia at present to make an application for a further visa and perhaps set up a pathway to permanent residence.

More ways to calculate the msl!
From 10 September 2007 a new Gazette notice came into effect with major implications for all companies that sponsor 457 visa holders into Australia. The change to the rules include two new ways to calculate the Minimum Salary Level (MSL) and identifies five relevant minimum salary levels. A critical change is that the minimum salary will rise as the weekly hours worked rise above 38 hours per week. Any deductions from an employee's salary may breach sponsorship obligations. To discuss these key changes email 457@visasolutions.com.au

457 Nominations!
New rules effective from 10 September indicate that where an occupation is removed from the Gazette notice, the 457 visa may not be approved, even where the nomination is approved! However, there is scope to provide a refund where this is the case. This may herald forthcoming changes to the occupations demand list. Employees on 457 visas wishing to secure permanent residence should discuss the matter with employers as a priority!

skilled visa changes…
From 1 September 2007, important changes to the General Skilled Migration (GSM) programme commenced. Students wishing to apply for a GSM visa will now be required to have a stronger understanding of the English language and undertake relevant work experience. The points test was adjusted to benefit applicants with advanced Australian tertiary qualifications, Australian skilled work experience and strong English language skills.

what's work? – condition 8112
The Government has clarified the purpose of condition 8112 which states that a visa holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or permanent resident. This condition is always applied to sc456 and sc977 visas. Call our office if this affects your employees.

Skills shortages continues!
A recent report by the WA State Training Board estimated that some 17,800 additional skilled workers will be required in Western Australia over the next 10 years. With that volume of skilled workers required in Western Australia alone, it is hard to see how the new complex visa laws will assist!

lies, damn lies, statistics?
A total of 148,200 permanent visas were granted for 2006-07 of which 97,920 were skilled visas. The average age of skilled stream entrants is 31 years. The top occupation for skilled stream entrants is accountancy (10,688), followed by computing professionals (4,044) and registered nurses (2,088). The top five countries of origin for skilled stream entrants were: United Kingdom (24,800), India (15,865), China (14,688), South Africa (4,293) and Malaysia (3,838).

Unannounced site visits!
The Department of Immigration and Citizenship has advised employers that it will commence unannounced site visits in relation to the sc457 scheme. Employers who have sc457 employees should be aware of the terms of the visa and the right of entry of Department of Immigration and Citizenship officers and the documents that may be required to be provided.

where's the fast lane?
The Department of Immigration and Citizenship is developing the criteria which may be used to determine which companies and 457 visa applications may be able to access new fast track arrangements. These arrangements should be in place by the March quarter of 2008 and will likely be accompanied by significant penalties where the guidelines are not followed. Early indications are that the fast track option will only be available to well recognised companies for occupations in ASCO levels 1 and 2 and where the minimum salary is greater than $75,000 per annum. Other criteria may also apply.

offshore skill assessments commence!
Offshore skill assessments commenced from 1 September 2007. The new assessment arrangements apply to any applicant whose country of residence is the United Kingdom, India, Sri Lanka, South Africa and the Philippines who are seeking skills assessment in the following trades: Electrician, Plumber, Refrigeration and Air-conditioning Mechanic, Motor Mechanics, Carpenter and Joiner, Electrical Powerline Tradesperson, Cable Jointer and Bricklayer.

These changes apply only to potential migrants in the specified countries and in the nominated trades. Trades Recognition Australia will continue to be the assessing authority for these trades in all other countries.

changes to jobs in demand!
For the record, clients should note that the migration occupations in demand list changed at the end of July 2007. The new occupations added are Architect, Computing Professional (Sybase SQL Server), External Auditor, Quantity Surveyor, Aircraft Maintenance Engineer (Avionics), Aircraft Maintenance Engineer (Mechanical), Furniture Finisher, Locksmith, Optical Mechanic and Painter & Decorator. There was one occupation removed from the list - General Electronic Instrument Tradesperson.

you're nicked!
Clients should note that enhanced 457 monitoring and sanction powers are due to come into effect. The changes include new civil penalties for employers who breach the law; greater powers for the Department of Immigration and Citizenship, and the Workplace Ombudsman, to investigate employers. Tougher penalties will apply if employers breach their sponsorship obligations.

New civil penalties will apply to those employers who commit the most serious offences. The Department will also be given stronger powers to enforce employer compliance with the 457 visa programme, including; ensuring employees are paid the minimum salary levels and, are not being employed in unskilled positions.

On the horizon...
The major issue for employers and employees who utilise the sc457 visa scheme over the next month will be the introduction of the Migration Amendment (Sponsorship Obligations) Bill 2007. The Bill is intended to ensure that sponsors of temporary skilled workers abide by their obligations under the 457 visa programme. All existing and future 457 sponsors will be required to meet the new obligations which will replace the current undertakings. A new suite of civil penalties will complement the existing administrative sanctions regime.


Daniel Engles
Registered Migration Agent No. 0213485
The Australian Government requires that people who give immigration assistance be registered as a Migration Agent

Phone: (+61 8) 9328 2664
Mobile: (+61)413024966
Fax: (+61 8) 6267 8084
Email: dan@visasolutions.com.au Web: www.visasolutions.com.au
Postal Address: PO Box 369 Leederville WA 6903


Disclaimer: The material contained in this publication is in the nature of general comment and information only and neither purports, nor is intended, to be advice on any particular matter. Readers should not act or rely upon any matter or information contained in or implied by this publication without taking appropriate professional advice. All financial figures are quoted in Australian Dollars unless otherwise indicated.

The information contained herein and any attachments are intended solely for the named recipients. It may contain privileged confidential information. If you are not an intended recipient, please delete the message and any attachments then notify the sender. Any use or disclosure of the contents of either is unauthorised and may be unlawful. Any liability for viruses is excluded to the fullest extent permitted by law.

If you do not wish to receive further news, updates and information via email from Visa Solutions Australia please click on this email address remove@VisaSolutions.com.au and type 'please remove me' in the subject line and you will be deleted from our data base. Thank You.

Thursday, September 06, 2007

WA's LOWEST UNEMPLOYMENT RATE

Figures released today from the Australian Bureau of Statistics (ABS) show Western Australia has the lowest unemployment rate of all the States at 3.1 per cent and significantly lower than the Australian unemployment figure of 4.3 per cent.

The State’s unemployment rate dropped from 3.2 per cent last month, while the rest of the country remained steady.

Last month, 3,300 new jobs were created in WA, bringing the State’s participation rate to 68.6 per cent - the highest of all the States in Australia.

Saturday, August 18, 2007

Condition 8112 Condition 8112 states that: 'The holder must not engage in work in Australia that might otherwise be carried out by an Australian c


Revised Policy - Condition 8112

Condition 8112 states that: 'The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.'

As you may already be aware, the Department of Immigration and Citizenship recently revised its policy on Condition 8112. The revised policy applies equally to the following visa subclasses which all have a mandatory 8112 condition imposed:

* Business Visitor (Short Stay) visa (subclass 456)
* Sponsored Business Visitor (Short Stay) visa (subclass 459)
* Electronic Travel Authority (Business Entrant - Long Validity) visa (subclass 956)
* Electronic Travel Authority (Business Entrant - Short Validity) visa (subclass 977).

These visas allow business people to:

* visit Australia to conduct business (e.g. attend conferences, business negotiations, exploratory visits in conjunction with a holiday) or
* work for short-periods in limited circumstances

The Business (Long Stay) visa (subclass 457) visa is considered the most appropriate visa for people who are primarily travelling to Australia to undertake skilled work, as it contains a range of safeguards backed by monitoring arrangements that are designed to ensure that sponsors are aware of their obligations and abide by them when bringing overseas skilled workers to Australia.

What has changed?

The revised Condition 8112 policy aims to ensure that the Department's interpretation of Condition 8112 is consistent with the original intention behind the subclass 456 visa. Work will therefore still only be allowed in very limited circumstances. Nevertheless, the revised policy aims to provide greater clarity as to the type of limited work that may be allowed.

Under the revised policy, work may be allowed if the employment is one of the following:

* highly specialised in nature (that is: ASCO 1 to 4) and not ongoing (generally no more than 21 days)
* an emergency or an urgent situation and not ongoing
* in Australia’s interest.

Short stay business visitor visas are still not appropriate for:

* unskilled or semi-skilled labourers
* individuals wishing to work in Australia for long periods or on an ongoing basis.

Please be aware that subclass 456 and 459 applicants intending to work in Australia and/or their employers may, however, be requested to provide additional evidence that the activities they propose to undertake will not have any adverse consequences for the employment or training opportunities, or conditions of employment, for Australian citizens or permanent residents.


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Friday, August 03, 2007

Changes to Trade Assessments 1 Sep 2007

From 1 September 2007, applicants who are residents of the UK, South Africa, India, Sri Lanka or the Philippines can now have the following trades assessed by Vetassess in their respective countries:

• General electrician

• General plumber

• Refrigeration and air conditioning mechanic

• Motor mechanic

• Carpenter and joiner

• Carpenter

• Joiner

• Electrical powerline tradesperson

• Cable jointer

• Brick layer

For more information, please visit: www.VETASSESS.com.au
If applicants do not meet these requirements but have a skilled occupation, they may be eligible to apply to Trades Recognition Australia (TRA).

For more information, please visit: http://www.workplace.gov.au/workplace/Individual/Migrant/TRA/

Tuesday, July 24, 2007

Visa Changes 1 Sep 07

"Can students whose student visa expires before 1 September 2007, apply for a
subclass 497 visa to allow them to apply for one of the new GSM visas post 1
September 2007?

To apply for onshore GSM overseas students must have:

* completed their degree, diploma or trade certificate; and
* have held an eligible student visa; in the 6 months immediately before they lodge their
application.

Students who completed their studies after 1 March 2007 and whose student visa
expires after 1 March 2007, therefore have an option to apply for a Graduate -
Skilled Temporary visa (subclass 497) before their student visa expires and
apply for one of the new onshore GSM visas after 1 September 2007.

Students applying for a subclass 497 visa are required to make a statement in
Form 1182 that they intend to apply for a Class DD, DE or UX visa. As these visa
classes are closing on 1 September, this requirement will be construed broadly
and students who state they intend to apply for a Class DD, DE, UX or one of the
new onshore GSM visas will meet this requirement be able to make a valid
application for a subclass 497 visa."

Sunday, July 15, 2007

Maritime Crew Visa

The Australian Government now requires foreign sea crew to obtain a Maritime Crew Visa (MCV) to come to Australia.

This means the 130 000 foreign sea crew who typically travel to Australia annually on commercial ships, such as cargo and cruise ships, and other non-military ships, now need to apply for a visa before they arrive.

The MCV aims to strengthen Australia’s border security while continuing to enable the entry of genuine foreign seafarers. It will replace the current Special Purpose Visa that is granted to foreign sea crew on arrival, provided they meet entry requirements.

There is a six-month transitional period until 31 December 2007 to allow the maritime industry to adapt to the new requirement and apply for MCVs. From 1 January 2008, the MCV will be mandatory and crew not holding an MCV are likely to be restricted on board and fines imposed.

Key features

The MCV:
• is required by all foreign sea crew (except New Zealanders)
• requires a formal visa application to be made outside of Australia
• needs to be granted before arrival
• is free of charge
• is valid for three years
• allows multiple entries to Australia
• is valid for travel to Australia by sea (not by air).

Applying for an MCV

Individual seafarers, along with authorised third parties such as shipping agents or crew manning agents, may apply for the MCV. Third parties may also be able to receive communications on behalf of crew. For example, when an MCV is approved the third party is notified by letter or email. It is also possible to check online whether a crew member holds an MCV.

MCV applications can be lodged over the internet or by completing a paper application and posting it to Brisbane, Australia. Applications cannot be lodged at an Australian embassy, consulate or high commission.

Internet applications may be finalised within days, while paper applications may take some weeks to finalise. Only one application may be lodged at a time and it should only take a few minutes to submit an application for each crew member, provided the required information is available.
The MCV is a change for the shipping industry however it seeks to strikes a balance between the need for stronger border security and the demands of shipping operations.
Further information
For more information on the Maritime Crew Visa visit: www.immi.gov.au/sea

Wednesday, June 27, 2007

sc457 English Language Requirements

NEWSFLASH – SPECIAL!

This is a client newsletter from Visa Solutions Australia on immigration and related matters. As the immigration rules to Australia are constantly changing, this newsletter aims to keep clients up to date on the recent changes that may affect employers and candidates in relation to Australia’s immigration laws.

English language requirements for 457 visas from 1 July 2007!

A new English language requirement will be introduced for the sc457 visa from 1 July 2007. Applications made prior to 1 July 2007 will not be affected by the change.

what is proficient english?

English equivalent to an average band of 4.5 across all four test components (reading, writing, listening, speaking) in IELTS will be considered to be proficient English unless otherwise specified.

applications lodged prior to 1 july 2007

The new English language requirement will not apply to sc457 visa applications lodged prior to 1 July 2007.

do current sc457 visa holders need to meet the new requirement?

Current sc457 visa holders will not be required to meet the new English language requirement unless they make a new application for another sc457 visa. Where applicants cannot meet this requirement they need to consider their visa options or make arrangements to depart Australia.

what is ielts?

IELTS is an acronym for the International English Language Testing System. It is a widely accepted testing system for assessing English language skills. More information on this topic may be found on the IELTS website at http://www.ielts.org .

who will need to meet the new requirement?

All applicants will need to detail their English language skills on their visa application form. In addition, applicants may be asked to undertake an IELTS test to demonstrate their English language skills.

Applicants will not be required to meet the English language requirement if;

  1. their first language is English and they are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America; or
  2. their nominated occupation is within the highly skilled major groups 1-3 of the Australian Standard Classification of Occupations (ASCO), comprising managers, administrators, professionals and associate professionals; or
  3. they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where at least 80 percent of instruction was conducted in English or
  4. they are to be paid at least a salary specified in a legislative instrument (initially a gross base salary of $75 000 excluding all allowances and deductions).

These exemptions will not apply to applicants who have been nominated for a position that requires English language for licensing, registration or professional association membership.

Daniel Engles

Registered Migration Agent No. 0213485

The Australian Government requires that people who give immigration assistance be registered as a Migration Agent

Phone: (+61 8) 9328 2664

Mobile: (+61 0) 413 024 966

Fax: (+61 8) 6267 8084

Email: dan@visasolutions.com.au Web: www.visasolutions.com.au

Postal Address: PO Box 369 Leederville WA 6903

Disclaimer: The material contained in this publication is in the nature of general comment and information only and neither purports, nor is intended, to be advice on any particular matter. Readers should not act or rely upon any matter or information contained in or implied by this publication without taking appropriate professional advice. All financial figures are quoted in Australian Dollars unless otherwise indicated.

The information contained herein and any attachments are intended solely for the named recipients. It may contain privileged confidential information. If you are not an intended recipient, please delete the message and any attachments then notify the sender. Any use or disclosure of the contents of either is unauthorised and may be unlawful. Any liability for viruses is excluded to the fullest extent permitted by law.

If you do not wish to receive further news, updates and information via email from Visa Solutions Australia please click on this email address remove@VisaSolutions.com.au and type ‘please remove me’ in the subject line and you will be deleted from our data base. Thank You.

Monday, May 21, 2007

Meat Workers for Western Australia

Western Australia seeks skilled meat workers


Thursday, 17 May 2007



Kevin
Andrews, Minister for Immigration and Citizenship, and Margaret Quirk,
West Australian Minister for Small Business, have finalised a
three-year labour agreement for the temporary entry of skilled
meatworkers to Western Australia.



Western
Australia's current unemployment rate of 2.7% makes up over half of the
national unemployment rate of 4.4%, resulting in a significant
temporary shortage of skilled workers in Western Australia,
particularly within the fast developing meat industry.



The agreement, which allows employers to hire
skilled foreign workers temporarily, is very popular with businesses
and the government to address critical skills shortages in Australia.



Under the agreement, sponsoring employers will be
expected to provide workers with a minimum salary of $41 850 (the
standard minimum salary level) or the relevant industrial instrument,
whichever is higher.



They will also be committed to training Australian workers which will help to guarantee a future workforce for the industry.



Similarly, applicants seeking employment in
Australia under the new agreement will be subject to strict skills
assessment requirements to ensure the legitimacy of their contribution
to the industry.



The agreement follows the Australian Governments
commitment of $85.3 million over the next four years to maintain the
integrity of Australia’s temporary skilled migration programme.



The Australian Government is also introducing
fast-tracking of applications for those employers who have a strong and
demonstrated record of complying with the programme and will apply
severe penalties for employers found to be in breach of the sponsorship
conditions.



The agreement will provide West Australian meat
companies with a quick fix solution for the skilled meat workers
shortage as well as ensure the security for the jobs of Australian
workers.





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Wednesday, May 16, 2007

Hospitality industry urges expansion of 457 visas. 16/05/2007. ABC News Online

Hospitality industry urges expansion of 457 visas. 16/05/2007. ABC News Online: "Hospitality industry urges expansion of 457 visas
The hospitality industry says the Federal Government's visa program should be expanded to include non-skilled overseas workers.
Industry group Restaurant and Catering Australia has made a submission to a parliamentary inquiry into the 457 employer-sponsored temporary work visa.
The group's chief executive officer John Hart says there is a chronic shortage of chefs, cooks and waiters.
'The skills and labour shortage is so acute that we are now finding in a number of circumstances that businesses are shutting down parts of their business because they simply cannot staff that business,' he said.
Also, the group says any business with a poor workplace relations record should be banned from using the temporary business visa.
Mr Hart says an outright ban would be more effective in stopping the abuse of overseas workers.
'The workplace relations record of an individual employer should be the criteria for determining whether they can bring in a worker from overseas,' he said.
'They should not be able to bring in a worker if they have a breach of their workplace record.'" ABC News Online May 2007

Monday, April 30, 2007

CHANGES TO THE WORK PERMIT SYSTEM IN AUSTRALIA



AUSTRALIA: Canberra plans changes to 457 visa




The Australian Government has announced it's planning
significant changes to the temporary skilled migration scheme, known as
the 457 visa. The scheme allows employers to sponsor an overseas worker
to fill a vacancy where no local worker is available.




Presenter/Interviewer: Bo Hill


Speakers: Kevin Andrews, Immigration minister Australia; Dr Siew-ean Khoo, senior fellow, Australian National University




Australia's temporary skilled worker scheme is designed to
overcome skills shortages to keep Australia's economic growth on track.
But it is often criticised for giving unscrupulous employers the
opportunity to outsource cheaper labour. Over the past few years there
have been a handful of cases highlighted in the media of workers under
the scheme being underpaid and overworked or completely unaware of
their rights. But Australia's immigration Minister, Kevin Andrews, says
the good far outweighs the bad.



ANDREWS: We don't want abuse of
this system. It's not widespread, but nonetheless any abuse can
undermine the importance of this programme for our national prosperity.



Mr
Andrews, in releasing three new changes to the scheme, proposes to stop
the abuse by setting up a tighter penalties system. In the past, any
employer found to be abusing the system, for example not paying a visa
holder the minimum wage, would be banned from the programme. Now they
will also face civil penalties. When asked what those penalties would
amount to, Mr Andrews did not specify.



ANDREWS: Penalties will reflect penalties in the workplace relations act.



When further questioned on the specific nature of the proposed penalties, Mr Andrews would still not be drawn.



ANDREW:
Up until now, the penalty has been that you can be precluded from
sponsoring an overseas worker in the future. And my view has been that
that is not a sufficient penalty and that's why, in addition to being
precluded from bringing anybody into Australia you will also face civil
penalties under the legislation.



In addition to penalties for
sponsors abusing the system, there will also be rewards for employers
who uphold the process and their obligations. Currently it can take
months for a visa application to be processed - but for employers who
have a good track record, applications will be fast-tracked. Mr Andrews
says monitoring will continue, but was unable to say whether the number
of checks would change.



ANDREWS: There will be some random
audits, if I can put it that way in relation to people. Now I'm not
setting a particular target - you need flexibility to be able to
respond to whatever the circumstances are. But sponsors should know
that there is a possibility that somebody might be required,
particularly in relation to English, to actually demonstrate that they
have that working level or knowledge of English.



The level of
English required will also change under the new proposals - to four
point five on an International English Language Testing System. Mr
Andrews describes this as basic workplace competency. Dr Siew-ean Khoo
is a senior fellow at the Australian National University, and was part
of a team which studied the experiences of migrants on the 457 visa in
2004. She says workers from the Asia Pacific region are more likely to
be employed in middle or lower level professions, and in small
businesses where a high level of English is not often required.



KHOO:
Many of the 457 visa holders working for small businesses are actually
working for businesses which are run by what we call co-ethnics. They
are people from the same ethnic background, Indian restaurants, for
example, would sponsor chefs from India to come. They use another
language other than English in their work.



Dr Siew-ean Khoo says
part of the attractiveness of the 457 visa previously was the lack of
English skills testing. But a basic level of English does enhance a
temporary worker's, and their employer's, experience. And the proposed
increase in English standards will help further.



KHOO: We'd
asked people what they think about their Australian experience and most
are very positive. I think most employers and employees who
participated in our survey are very happy with the 457 visas. Many of
the 457 visa holders come from very high-level English skills. So it's
going to be an issue for a small number and it's going to be a very
positive development for that small number.  SOURCE AUSTRALIAN BROADCASTING CORPORATION




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Monday, April 09, 2007

Western Australian Statistical Indicators, Mar 2006

The skills shortage in Western Australia was a significant contributor to the fall in the state's economic growth from 8% in 2003-04, to 3% in 2004-05 at the height of the shortage.





The impact of the skills shortage influenced a deceleration in business investment growth (from 28% in 2003-04 to 11%), and an increase in wages and consumer prices.

With skills shortages appearing to have constrained growth in the Western Australian economy, the Australian Bureau of Statistics released a special article today examining the factors driving the state's skills shortage and the impact it has had on the economy, in the publication Western Australian Statistical Indicators.





The article explains there are three key reasons for the skill shortage:



There were less skilled workers available because of the rapid expansion of the state's resources sector. Since 2001-02, Western Australia's exports to China doubled to $6.5 billion in 2004-05. As a result, employment in the mining industry rose by close to a third (9,942 people or 31%) over the period.



In conjunction with resources sector growth, strong property market activity also triggered the demand for skilled workers in the industries of property and business services and construction. Employment rose by 19% (19,200 people) in the state's property and business services industry and by 16% (12,900 people) in the construction industry - the strongest rates of growth among the state's industries between 2001-02 and 2004-05.



Fewer skilled workers were available because of reduced participation in education and training (course enrolments fell by 8,900 people from May 2002 to May 2005). Other contributing factors include a slowing in population growth and an ageing of the labour force.


The March 2006 issue of Western Australian Statistical Indicators also includes a feature article on recent expenditure patterns of Western Australian households.



Source: Australian Bureau of Statistics





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Tuesday, April 03, 2007

Tradies, engineers top skills shortages

Skilled manual tradespersons and engineers have topped an annual talent shortage survey as a surging global resources boom soaks up all available skilled labour.

The survey, which is conducted by employment services group Manpower Inc, found that skilled tradespersons, including electricians and boiler makers, and engineers are the top two positions that employers in Australia are having difficulty filling.

"The increasing demand is a reflection of the continuing skills shortage, which is now seeing growing pent-up demand as many positions remained unfilled," Manpower Australia and New Zealand managing director Scott McLachlan said.

The survey noted 61 per cent of employers in Australia are struggling to find qualified personnel.



Source: The Age March 29 2007





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Wednesday, March 28, 2007

APEC Business Travel Card Scheme

The APEC Business Travel Card Scheme is an APEC initiative.

The Scheme was developed in response to the need of business people to gain streamlined business visitor entry to the economies of the Asia-Pacific region to:

* explore business opportunities
* attend meetings
* conduct trade and investment activities.





The APEC Business Travel Card cuts through the red tape of business travel. Through a single application form, the card allows accredited business people to obtain multiple short-term business visitor entry to participating economies.

This saves cardholders time and effort involved in applying for individual visas or entry permits.
Period of stay

Cardholders can stay at least two months on each visit, with some participating economies providing three months stay on each visit. The APEC Business Mobility Group website provides a summary about the period of stay allowed in each participating economy.



Source: www.immi.gov.au





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Monday, March 26, 2007

Employer Sanctions

Future Migration Amendment (Employer Sanctions) Act 2007



Employers should be aware that from August 2007 it will be a criminal offence
under the Migration Act 1958 for a person to knowingly or recklessly



  • allow an illegal worker to work (sections 245AB and 245AC)


    or
  • refer an illegal worker for work with another business (sections 245AD and 245AE).




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Friday, March 23, 2007

Temporary visas hearing in Melbourne



Temporary visas hearing in Melbourne
14th March 2007, 4:45 WST

Federal Parliament's Migration committee will hold a public hearing in Melbourne on Wednesday as it inquires into the increasing number of temporary skilled migrants entering Australia.

Committee chairman Don Randall said they would be examining the adequacy of current eligibility requirements for temporary business visas.

He said the committee was investigating the granting of 457 temporary business visas to overseas workers and the impact that it has had on the Australian labour market. source:www.thewest.com.au





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Wednesday, March 21, 2007

Employer Sanction Bill - watch out!

/>
Future Migration Amendment (Employer Sanctions) Act 2007

Agents should be aware that from August 2007 it will be a criminal offence under the Migration Act 1958 for a person to knowingly or recklessly

* allow an illegal worker to work (sections 245AB and 245AC)
or
* refer an illegal worker for work with another business (sections 245AD and 245AE). The new offences can potentially apply to migration agents who employ or refer illegal workers for work.




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Trucking in the workers!





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Crikey - Business - Guest worker truckies – think Melbourne’s taxi industry on 18 wheels at 110km/h

Guest worker truckies – think Melbourne’s taxi industry on 18 wheels at 110km/h
Date: Wednesday, 21 March 2007
Michael Pascoe writes:

There’s a battle being fought by the Australian Trucking Association to open up Australian highways to 457 visa guest workers – something that will help keep truckies’ wages down, the goods in our supermarkets cheap and perhaps thwart the Transport Workers’ Union campaign for greater safety.

Canada fills mining jobs

VANCOUVER -- Canada might find ideas to help
ease the worker shortages facing mining companies by studying the
example of Australia, where the easing of temporary worker rules has
brought an influx of new labour into Outback mines.

“There are
all sorts of adjustments being made in terms of immigration laws, and
all sorts of things to allow more professionals to come into the
country, and Australia would probably be a good model as to where
Canada is heading,” said Ken Brouwer, managing director of engineering
firm Knight Piesold in Vancouver.

Last year, Canada granted
twice as many temporary work visas as Australia did, but industry
observers say the Aussie system is more responsive and easier to
navigate. For one thing, Australia does not require employers seeking
foreign hires to obtain labour-market opinions, which in Canada are
designed to ensure overseas workers are not stealing jobs from
Canadians. Those opinions can take up to 11 weeks to obtain.

“There
are foreign workers coming in, but, anecdotally, I can tell you that
the system could benefit with greater efficiency, so that we can get
those people into the workplaces more quickly,” said Paul Hebert,
executive director of the Mining Industry Human Resource Council.

The
council estimates Canada’s mining industry will need another 40,000 to
70,000 workers by 2015. At least part of that will have to come from
other countries, said Russ Buckland, managing partner of mining
headhunting firm The Bedford Group in Toronto.

Like Canada,
Australia has a 30-year low in unemployment, and it’s estimated its
minerals sector will face a shortfall of 70,000 workers in the next
decade. As a result, Australian mine companies have hired temporary
foreign workers in rapidly increasing numbers. It brought in 2,840 in
2006, nearly doubling its intake of the previous year.

“There’s
really an incredible people shortage, and added to that you’ve got the
problem of attracting people from the eastern seaboard in Australia to
remote areas in Western Australia,” said Louise Dodson, an official
with the Mineral Council of Australia. “In a lot of cases it’s been
easier to attract temporary workers from overseas.”

The
Australian temporary foreign worker documents, called “457 visas,”
allow industry to hire international employees for between three months
and four years. The program obliges sponsor companies to cover return
travel expenses and all Australian medical costs, and guarantees a
minimum salary.

To be eligible, companies must also employ
Australians and provide proof that their operations foster new business
skills and technology, expand Australian trade and improve domestic
competitiveness.

The program “enables critical skills to be
sourced at relatively short notice,” Peter Terlick, executive officer
for education and training with the Chamber of Minerals and Energy of
Western Australia, wrote in an e-mail.

The 457 visas have been
attacked by Australian labour unions, which have accused employers of
taking advantage of temporary workers. Australia’s department of
immigration and citizenship says less than 2 per cent of sponsoring
businesses have been accused of wrongdoing, but it has agreed to step
up enforcement.

Australian mining companies also have been
forced to bolster their domestic ranks, with the mineral council
recently launching a national strategy and marketing campaign aimed at
raising awareness of mining careers, not just with students but also
among older workers.

Canadian companies have come to a similar
conclusion: Foreign workers are a good idea for temporary shortages,
but the long-term problem won’t ease unless somehow more Canadians want
to become miners and geologists.

nvanderklippe@nationalpost.com

Financial Post


© Post 2007




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Saturday, March 10, 2007

IMPORTANT NEWS FOR BUSINESS MIGRANTS IN AUSTRALIA

IMPORTANT NEW FOR BUSINESS MIGRANTS IN AUSTRALIA



Important advice: number of employees required for business skills visa categories The following advice is relevant to: subclass 845 (Established Business in Australia); subclass 846 (Regional Established Business in Australia); subclass 890 (Business Owner); subclass 892 (State/Territory Sponsored Business Owner) Each of these visa categories contain criteria requiring that throughout the 12 months (for subclasses 845, 890 and 892) or 24 months (for subclass 846) immediately before the application is made the main business or main businesses employ not less than a set number of employees, the number varying depending upon the subclass. Until now case officers have exercised some discretion about the method of calculating the number of employees of an applicant's main business. This has been reflected in the department's policy advice manual (PAM3) which refers to pro-rata calculation of employee numbers. However it is now clear that under the current Migration Regulations the employment of the required number of employees must have been at all times throughout the relevant period. Clients may consider applying for a subclass 892 visa (State/Territory Sponsored Business Owner) - the employee requirement for this subclass is generally less onerous than for the other subclasses. See: Subclass 892 (State/Territory Sponsored Business Owner)
Source: MIA March 2007

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