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Big Changes to the 457 Australian Working Visa

Big Changes to the 457 Australian Working Visa

With the new Liberal Australian government fronted by Tony Abbott and migration handled by the new Minister for Immigration & Border Protection, Scott Morrison, more immigration changes are to come.

As of the 23rd of November, 2013, employers intending to employ a skilled worker on a 457 working visa will need to meet new standards. As per the new regulations, employers will need to:

  • participate in labour market testing in relation to a specifically nominated occupation in a way that is meeting Australia’s international trade obligations

  • satisfy the Minister for Immigration & Border Protection that a appropriately qualified Australian citizen, Australian permanent resident or eligible and suitable temporary visa holder is not presently available to fill the nominated position

  • supply evidence required in relation to labour market testing required to accompany an application for a nomination

  • disclose that if one or more Australian citizens or Australian permanent residents were, in the 4 months prior, made redundant or retrenched from positions with the nominated occupation within the business, or a correlating entity of the approved sponsor, require the approved sponsor to divulge information about the redundancies or retrenchments made specific to the nominated occupation

  • assure that if there have been redundancies or retrenchments made, the labour market testing must be undertaken after those redundancies and retrenchments have been made

  • give explanation if the approved sponsor decides to supply evidence and information other than evidence of advertising and fees, or payment of fees, to support their claim to have tested the labour market, the Minister might take that evidence and information into account. If the approved sponsor decides not to provide alternative evidence or information, the Minister is not to treat the nomination less fairly simply because of that factor

  • supply exemptions from labour market testing in situations where there has been a serious disaster, or the skill level of the nominated occupation is equal to Skill level 1 or Skill Level 2 as supported in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) (except for protected qualifications or protected experience)

  • supply for the Minister by means of legislative instrument, specify the occupations and for such legislative instruments to be subject to refusal by either House of the Parliament in relation to exemptions from labour market testing.

The new market testing arrangement will be fulfilled when:

  • the Minister is appropriately pleased that the approved sponsor has partaken in labour market testing related to the nominated position within a timeframe determined by the Minister, by legislative instrument, related to the nominated occupation.

As per the regulation changes, the following evidence may be required:

  • information of the approved sponsors attempts in recruiting appropriately qualified and experienced Australian citizens or Australian permanent residents to the position and any other similar positions

  • copies or references to any form of research released in the 4 months prior relating to labour market trends on the broad spectrum and related to the nominated occupation

  • expressions of support from Commonwealth, State and Territory government bodies with responsibility for employment matters

  • any other form of evidence determined by the Minister by legislative instrument.

The new requirements as listed above have the ability to influence many business sectors. Certain professional and management occupation may be exempt.

At this stage, the repercussions and significance of these changes cannot be measured. We will not now the impact these regulation changes will make on the system until we have been subject to new rules for a period of time; perhaps months.

For more information on the new regulations and how these may affect your application, you may visit our website, www.onederland.com.au, email us at [email protected] or call our Perth office on +61 (08) 9477 5831.

Published On: May 4th, 2016 / Categories: Working Visa_en /

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