Integrity Review

The report of the Visa Subclass 457 Integrity Review conducted by Ms Barbara Deegan was released on 14 November 2008. The report makes over 60 recommendations including:

» Abolishing the minimum salary level in favour of market rates of pay for all temporary visa holders on salaries less than $100,000;

What’s the latest?

Subclass 457 visa – Temporary Business Long Stay

Integrity Review

The report of the Visa Subclass 457 Integrity Review conducted by Ms Barbara Deegan was released on 14 November 2008. The report makes over 60 recommendations including:

» Abolishing the minimum salary level in favour of market rates of pay for all temporary visa holders on salaries less than $100,000;
» Developing an accreditation system or risk matters to ensure rapid processing of low-risk;
» Developing new lists setting out the skilled occupations for which temporary visas can be granted; and
» Limiting visa holders to a stay of no longer than eight years in Australia (ie, two 4-year visas or four 2-year visas) while providing a pathway to permanent residency for those who have the required language skills.

The final report has been referred to the Skilled Migration Consultative Panel which has representatives from business and industry groups, state governments and unions. Ms Deegan’s recommendations and the views of the consultative panel will inform the development of the Government’s reforms to the temporary skilled migration program as part of the 2009 budget.

The final report is available from the department’s website at: www.immi.gov.au/skilled/_pdf/457-integrity-review.pdf

Migration Legislation Amendment (Worker Protection) Bill 2008

The Migration Legislation Amendment (Worker Protection) Bill 2008 passed Parliament on 4 December 2008. The Bill introduced a new framework for sponsoring non-citizens on temporary visas with work rights. It is aimed at strengthening the integrity of temporary working visa arrangements including the existing subclass 457 visa program through four main measures. These measures are:

» providing the structure for better defined sponsorship obligations for employers and other sponsors;
» improved information sharing across all levels of government;
» expanded powers to monitor and investigate possible non-compliance by sponsors; and
» the introduction of meaningful penalties for sponsors found in breach of their obligations.

Regulations setting out the obligations of employers of temporary workers are being developed. The Government is consulting with the Skilled Migration Consultative Panel over the development of the regulations and the sponsorship obligations.

More information on this Bill is available from: www.minister.immi.gov.au/media/media-releases/2008/ce08120.htm

On 17 December 2008, the Minister for Immigration and Citizenship announced changes to the Skilled Migration Program, to make the program more responsive to the changing needs of the economy.

» employer sponsorship,
» state or territory sponsorship,
» an occupation on the Critical Skills List,
» an occupation on the Migration Occupations in Demand List
» and then all other applications

The changes will affect all permanent visa applications for skilled migration subclasses except those sponsored by state and territory governments. Priority processing will apply for applications that are currently on hand as well as new applications.

The Critical Skills List (CSL) contains occupations that have been identified by state and territory governments across Australia as being in critical demand. It is a smaller and more targeted list than the Migration Occupations in Demand List (MODL) and was developed in consultation with state and territory governments and the Department of Education, Employment and Workplace Relations. The occupations on the CSL are the ones most frequently sought by employers through sponsorship. The CSL will only apply to people seeking to migrate under the skilled migration program who are not sponsored by an employer or nominated by a state or territory government. The CSL includes information technology professionals, engineers, medical professionals and building and other trades including mechanics.

More information on these changes is available from: www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm#j

New Look Website for the Department of Immigration and Citizenship

The Department’s website has recently been refreshed with a new look, clearer and easier navigation and greater accessibility to information and online services. The main changes include:

» easy to locate online tools and services including the Visa Wizard, Citizenship Wizard;
» new navigation with additional drop down menus to find information quickly;
» new ‘promotions area’ for upcoming events;
» a ‘popular links’ menu to the most commonly accessed immigration information including immigration forms and visa fees; and
» easy to use features such as ‘bookmark this page’ and ‘print page’.

Visa Wizard

Visa Wizard is a new web-based tool available on the Department of Immigration and Citizenship website (/www.immi.gov.au ) which assists clients in determining which visa or visas best meet their needs. The Visa Wizard currently supports 57 visa subclasses (including subclass 457) and is accessed by clicking on “Find a visa” section on the website. The client answers a few questions and the Visa Wizard will then check for the most appropriate visa that may meet the client’s needs. If an appropriate visa is found, the client is provided with information about the visa type, application forms and booklets, and other details including what to do before applying, location at time of application and visa grant, where to apply, cost of the visa application charge, length of stay that may be permitted, work rights, skill requirements.

The Citizenship Wizard operates in a similar way to the Visa Wizard. It is accessed by clicking on “Becoming a Citizen”. Questions are asked to determine which type of application for Australian citizenship suits the client’s personal circumstances. The client is also provided with information about eligibility requirements, application details with links to forms and fees and paper or online lodgement options.

» Developing an accreditation system or risk matters to ensure rapid processing of low-risk;
» Developing new lists setting out the skilled occupations for which temporary visas can be granted; and
» Limiting visa holders to a stay of no longer than eight years in Australia (ie, two 4-year visas or four 2-year visas) while providing a pathway to permanent residency for those who have the required language skills.