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
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