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Visa News

VISA NEWS - UPDATE OF THE SUBCLASS 457 VISA REFORMS
EFFECTIVE 14TH SEPTEMBER 2009

There have been significant changes to the rules regarding Subclass 457 visas (and many other temporary visas) commencing on the 14th September 2009 with hundreds of pages of regulations and policy materials issued.

Below is the client summary from the Department of Immigration's website regarding the amendments to the regulations:

Regulation amendments to strengthen the integrity of the temporary skilled visa program - 14 September 2009 Legislation Change:

From 14 September 2009, the Migration Regulations 1994 (‘the Regulations') are amended to support commencement of the Migration Legislation Amendment (Worker Protection) Act 2008 (the Worker Protection Act), which enhances the framework for the sponsorship of non-citizens seeking entry to Australia for the purposes of work.

The new sponsorship framework strengthens the integrity of the temporary skilled migration programs (both business and non-business) to ensure they are responsive to market needs, while protecting the employment and training opportunities of Australians and the rights of overseas workers through heightened enforcement measures.

The objectives of the reforms are to ensure that Australia's temporary skilled migration programs:

• are simple for Australian employers and visa holders to understand;
• do not permit exploitation of workers from overseas;
• include equitable remuneration arrangements; and
• ensure that Australian workers are not disadvantaged.

The reforms seek to achieve these objectives by:

• providing defined and enforceable sponsorship obligations for employers;
• expanding powers to monitor and investigate possible non-compliance by sponsors;
• introducing meaningful penalties for sponsors who are found to have failed to satisfy their sponsorship obligations; and
• improving information sharing across government

New sponsorship obligations include but are not limited to:

• obligations to co-operate with inspectors
• obligation to ensure equivalent terms and conditions of employment
• obligation to pay travel costs to enable sponsored person to leave Australia
• obligation to keep records
• obligation to provide records and information to the Minister
• obligation to ensure the primary person works or participates in the nominated occupation, program or activity
• obligation not to recover certain costs from a primary sponsored person or secondary sponsored person
• obligation to comply with new market salary rates (TSMIT)
• private health insurance changes
• new tax checks

It is important to note that the changes introduced on the 14th September did not just apply to Subclass 457 visas but changes also apply to the following visas:

• Subclass 411 (Exchange) visa
• Subclass 415 (Foreign Government Agency) visa
• Subclass 416 (Special Program) visa
• Subclass 419 (Visiting Academic) visa
• Subclass 420 (Entertainment) visa
• Subclass 421 (Sport) visa
• Subclass 423 (Media and Film Staff) visa
• Subclass 427 (Domestic Workers (Temporary) - Executive visa
• Subclass 428 (Religious Worker) visa
• Subclass 442 (Occupational Trainee) visa
• Subclass 470 (Professional Development) visa
• Subclass 488 (Super yacht Crew) visa

CHANGES TO THE MODL

A review of the MODL is still expected to be completed in late 2009 once again we would suggest that if you have an occupation currently on the MODL of CSL list do not delay in lodging your visa application as Regulation 2.26AA of the Migration Regulations will ensure that applicants who apply for a permanent visa when an occupation is on the MODL (Migration Occupation in Demands), will not be disadvantaged if the occupation is removed from the MODL before the application is finalised.

Please do not hesitate to contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Ph: 92660195 to see if you qualify for employer sponsorship, state or territory nomination, priority IELTS testing, decision ready applications, lodgement of spouse applications, or priority through the critical skills list.

 
 

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