| 1. Increase in Minimum Salary Level from 1 July 2009
In my email to you of 1 April 2009 I mentioned that there is to be an increase in the Minimum Salary Level (MSL) paid to subclass 457- Temporary Business Long Stay visa holders. As of 1 July 2009 the MSL requirement for all new and existing 457 visa holders will increase by 4.1%. Employers must pay 457 workers either the MSL or as per the industrial instrument (such as an award or collective agreement) relevant to the position – whichever is the higher. The MSL is calculated for a 38 hour week and all 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 MSL is available at: www.immi.gov.au/skilled/skilled-workers/sbs/457-min-salary-levels.htm
2. Changes to the English language requirement
On 14 April 2009 the English language requirement for subclass 457 visa applicants increased from an IELTS (International English Testing System) score of 4.5 to 5. This new requirement applies to any applicant making a subclass 457 application on or after 14 April 2009. It affects, in particular, applicants with occupations listed in the ASCO (Australian Standard Classification of Occupations) major groups 4-7 as well as to people applying as chefs or head chefs. ASCO 4 group covers tradespersons. Motor trade occupations such as motor mechanic, automotive electrician, panel beater, etc are classified as ASCO code 4 occupations.
All primary applicants must meet the new English language requirement unless they have been nominated for a position that does not require English language for licensing or registration and any one of the following exempted person categories:
- » their first language is English and they are a passport holder from Canada, New Zealand, Republic of Ireland, the United Kingdom or the United States of America;
- » their nominated occupation is within the highly skilled ASCO major groups 1-3 comprising managers, administrators, professionals and associates professionals except for chefs and head chefs;
- » they are to be paid at least a salary specified in a legislative instrument (initially a gross base salary of $77 850 excluding all deductions and based on a 38 hour week) and the grant of the visa is in the interests of the Australia;
- » they have completed at least five years of continuous full time secondary and/or tertiary education at an institution where at least 80 percent of the instruction was conducted in English;
- » they held a subclass 457 visa on 14 April 2009 and are seeking a subsequent subclass 457 visa that has the same or an earlier end date than the end date of the visa they held on 14 April 2009.
Current subclass 457 visa holders are not required to demonstrate their English language skills while on their current visa (unless required by licensing or registration).
More information about the new English language requirement can be found at: www.immi.gov.au/skilled/skilled-workers/changes-eng-req.htm
3. Changes to list of occupations to be sponsored under subclass 457 applications
On 1 April 2009, the Government announced that the range of occupations available under standard business sponsorship (subclass 457 visas), had been revised to include only occupations in the ASCO 1-4 groups. This change took effect from 15 May 2009 for all new and on hand applications. This change has not affected most automotive trades as these occupations are classified in the ASCO 4 group. Previously, regional employers could seek a waiver of the minimum skill level and nominate skilled occupations in ASCO 5-7 range. Now, regional employers seeking to fill positions that are in the ASCO 5-7 occupation range will need to enter into a labour agreement. More information on these changes is available at: www.immi.gov.au/skilled/whats_new_457.htm#k
4. Changes to the ‘benefit to Australia test’ for subclass 457 visas
In the current economic climate the Department is placing an increased emphasis on the ‘benefit to Australia’ test for subclass 457 applications. Employers wanting to sponsor a foreign worker on a subclass 457 visa are required to demonstrate how the application is of benefit to Australia. For example the arrangement could:
» provide employment for Australian citizens or Australian permanent residents;
» expand Australian trade in goods or services;
» improve business links with international markets; or
» improve competitiveness within the sectors of the Australian economy.
Staff assessing subclass 457 sponsorship applications will take into account the current economic environment. A key factor of that environment is the unemployment rate in Australia. If an employer is claiming that the employment of an overseas worker will create or maintain employment for Australian citizens or permanent residents, then the decision maker needs to be satisfied that there will be net job creation or the maintenance of employment.
In addition, employers need to be aware that DIAC staff will scrutinize all applications to ensure that the salary employers are offering to pay foreign workers is broadly consistent with the amount an Australian worker would be paid for doing the same job. More information on how to meet these requirements is available at: www.immi.gov.au/gateways/agents/news//2009/457-policy-changes.htm
5. General Skilled Migration Program Reforms
On 1 January 2009, the Government announced several measures to ensure the skilled migration program is targeting the skills needed in the Australian labour market. Two of these measures included the fast tracking of employer sponsored skilled visa applications and the introduction of a Critical Skills List (CSL) giving priority processing to applicants with occupations on that list. In addition to these priority arrangements, the Government announced on 12 May 2009, two reforms to the non-sponsored independent skilled pathway for trade occupations. These reforms are to ensure the delivery of suitably skilled, qualified and job ready independent skilled migrants that will meet the needs of the Australian labour market.
The reforms are:
- » Changes to the General Skilled Migration (GSM) English language requirement; and
- » Introduction of a JobReady Test (JRT)
The English language requirement for GSM applicants nominating a trade occupation will be increased to a minimum IELTS score of 6.0 in each of the four components of the test. The increased English language will apply to all new offshore GSM applications nominating ASCO level 4 occupations, lodged after 1 July 2009. The increased English language requirement for onshore GSM applicants will apply from
1 January 2010.
The JobReady Test for all GSM applicants nominating trade occupations will be introduced from 1 January 2010. It is to complement the current testing arrangements in place for offshore applicants in some trades. I do not have any detailed information about the implementation of the test as it is being developed by the Department of Education, Employment and Workplace Relations. I will provide you with further information as I receive it.
For more information about these reforms go to: www.immi.gov.au/skilled/general-skilled-migration/whats-new.htm
6. Reduction in Skilled Migration Program
The permanent skilled migration intake for 2009/2010 has been announced and will be set at 108,100 places. The overall migration program will total 168,700 comprising of 60 300 family places and 300 places for special eligibility. Employer sponsored and government sponsored visas will continue to receive priority processing. The Critical Skills List introduced on 1 January 2009 and later updated on 16 March 2009 will remain in place for people seeking to migrate to Australia without a sponsor.
7. Skill Matching Database
The Skill Matching Database is a free online service that can be accessed by employers seeking workers from overseas to fill skilled job vacancies. The database, which is located on the Department of Immigration and Citizenship website at www.immi.gov.au/skills/, provides details of occupation, education qualifications and work histories of people who have applied to come to Australia as skilled migrants under the General Skilled Migration program.
Employers wanting more information on a particular applicant may request a full resume which includes the personal contact details of the applicant by either:
» lodging an online request through the Skill Matching Database to the department; or- » contacting a member of the Skill Matching Network and quoting the applicant’s Skill Matching Internet Identification Number. Contact details are available from the website.
|
