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As of 27 June 2009 new sponsors and sponsors of un-finalised subclass 457 sponsorship applications are required to attest in writing that they have a strong record of, or a demonstrated commitment to, employing local labour and non-discriminatory employment practices. The attestation is to help address concerns that some employers may discriminate against local labour when hiring overseas workers. Only employers must complete the attestation when applying to sponsor a subclass 457 worker. Department of Immigration and Citizenship case officers are contacting sponsors of un-finalised sponsorship applications advising them of how they can make the attestation.
The attestation statement is available as part of the online (internet) sponsorship application as of 27 June 2009 and will be included in paper applications from approximately the middle of September 2009. In the meantime, a separate attestation statement is available on the department’s website for employers to sign and include with the paper applications. The attestation is available at www.immi.gov.au/skilled/_pdf/attestation-letter.pdf Employers should note that processing of the sponsorship applications will not proceed until the attestation is made. Further information about the attestation is available from the Department of Immigration and Citizenship website at: /www.immi.gov.au/skilled/faq-attestation.htm
2. Increase in Minimum Salary Level (MSL) for Subclass 457 visa applications
The MSL for subclass 457 visa holders will increase on 1 July 2009 by 4.1% and will apply to all new and existing subclass 457 visa holders. A subclass 457 visa holder currently being paid at the MSL rate of
$43 440 must be paid at least $45 220 for a 38 hour week from 1 July 2009. Employers must pay visa subclass 457 workers either the MSL or the relevant industrial instrument or Australian Pay and Classification Scale if it specifies a higher amount. The MSL is calculated for a 38 hour week and all visa subclass 457 workers must be paid the MSL (or higher) even if they work less than 38 hours a week. Workers who work for more than 38 hours must be paid a pro-rata additional amount for their additional hours. More information on the increase in MSL is available from the Department’s website at: www.immi.gov.au/skilled/skilled-workers/sbs/457-min-salary-levels.htm
3. Increase in Minimum Salary Level (MSL) for Employer Nomination Scheme visas
The MSL for Employer Nomination Scheme visas (subclasses 121and 856) will increase on 1 July 2009 by 4.1%. This increase will only apply to nominations lodged on or after 1 July 2009. The MSL will be $45 220 for all occupations other than Information and Communication Technology occupations.
4. Skills Assessment for trade and chef occupations
From 1 July 2009, a skills assessment will be conducted for subclass 457 visa applicants in some trade and chef occupations from some countries. Initially, only subclass 457 applications from workers in five trades from 10 specific countries will be assessed. The first five occupations to be assessed are:
- Motor mechanic
- Welder (first class)
- Cook/chef
- Fitter
- Metal fabricator
Subclass 457 visa applications from people in these occupations holding passports from the countries listed below will be assessed initially:
- Brazil
- China
- Fiji
- India
- Papua New Guinea
- Philippines
- South Africa
- Thailand
- Vietnam
- Zimbabwe
The assessment will be rolled out progressively to applicants from other countries and for other trade occupations. Registered Training Organisations (RTOs) which have been endorsed by Trades Recognition Australia (TRA) will make the assessments against the Australian Quality Training Framework competencies.
The skills assessments are intended to be undertaken before the person lodges a subclass 457 visa application. There is a five step process:
- the applicant completes a self evaluation of their skills using a tool provided by the TRA against the relevant competencies for Australian qualifications. The tool will provide the applicant with a report that will indicate if the applicant has suitable skills to proceed further with the skills assessment;
- the applicant chooses a RTO from the list available on the TRA website and applies for a skills assessment
- the RTO conducts an assessment on the information (evidence of skills and experience) provided by the applicant
- If the evidence provided by the applicant is satisfactory, the applicant will be invited to attend a technical interview to answer trade related questions
- the RTO will provide the applicant with documentation describing the applicant’s skills and experience and how it matches Australian competencies and qualifications
More detailed information about the skills assessment is available from the TRA website at www.deewr.gov.au/Skills/Programs/TRA/457Assessement/Pages/home.aspx
5. Increase in English Language Requirement
In addition to undergoing a trade assessment, many subclass 457 visa applicants in trade occupations must also meet an increased minimum English language requirement. As previously advised, the English language requirement for Australian Standard Classification of Occupations (ASCO) major groups 4-7 occupations (which includes trades), chefs and head chefs increased from International English Language Testing System (IELTS) score of 4.5 to 5 on 14 April 2009. More information about this change is available from the Department’s website at http://www.immi.gov.au/skilled/skilled-workers/changes-eng-req.htm
A letter was mailed out to current sponsor under the subclass 457 visa program in June 2009 advising of many of the changes to the program. |
