Updates on 457 Visa Programme Oct 18, 2016
The 457 visa policy supports Australian businesses employing skilled overseas workers to fill vacancies for short durations of time (3 months to 4 years). The program also ensures 457 workers are placed in good working conditions and are only employed when local workforce cannot fill the shortage. The goal of the visa policy is to supplement for the Australian manpower.
New 457Sponsorship Accreditation Process
New sponsorship accreditation arrangements by the Department of Immigration and Border Protection (DIBP)was released on 1 July 2016. The 457 sponsorship for Accredited Sponsors is valid for 6 years. Once accredited sponsorship is approved, the visa and nomination applications will receive priority processing. Initial assessment takes place in 5 working days only compared to 40+ days for non-accredited sponsors. Moreover, less supporting documentation is needed and the possible decision can be made during the initial assessment.
To be qualified for accredited sponsorship, the sponsor must:
1. Be a government agency, publicly-listed or private company with at least $4 million annual turnovers for the last three years;
2. Has an active 457 visa sponsorship for at least 3 years. Break should be less than 6-months in the past 36 months, without warnings or sanctions;
3. Have at least ten457 nominations approved in the 24 months;
4. Have submitted an agreed level of decision-ready applications for the past two years;
5. Be less than 3% non-approval rate for the past three years;
6. Have75% Australian staff in the workplace;
7. Engage all 457 holders as employees under a written contract of employment;
8. Provide the Department with a copy of the template contract (or letter) that they use;
9. Make sure all Australian employees' salaries should comply with Enterprise Agreement or current market pay rates;
10. Disclose all business operations. This includes the following
- Profit/loss statements
- BAS (Business activity statements
- Annual reports
- Detailed information about the Principals and/or Directors
- Current/historical extract from ASIC (Australian Securities and Investments Commission)
Risk Factors in 457 Nomination Rejection
On the other hand, an application can be rejected if DIBP assesses the position was only created to secure a migration outcome.
DIBP considers the following factors in evaluating the authenticity of the position nominated:
1. The nominee is related or considered a personal associate of an officer sponsoring the business;
2. The nominee is a director or owns the sponsoring business;
3. The immigration history hints on the main motive of the nominee is to stay in Australia for any type of visa;
4. Business is operating for a very short period of time;
5. Salary is either significantly higher or lower than industry standards;
6. Business has relatively small turnover, which could mean difficulty in supporting a number of employees;
7. Proof that nominee was paying the business to lodge the nomination
In addition, DIBP also considers whether the duties of the position matches with those duties of the nominated occupation as indicated on ANZSCO (Australian and New Zealand Standard Classification of Occupations). The evaluation takes into account whether the nominee will actually perform the duties listed and whether the business context is pertinent including the location where the nominee will work, position in the organisation structure, proposed duties and duties performed by current workers of the business.
Another thing that DIBP regards is whether the position nominated reflects the nature of the business. DIBP looks where there is an overlap between the positions being created or tasks are misaligned. DIBP also finds remarkable inconsistencies which indicate the nominee is unlikely to perform duties specified due to the business' range of activities or size/turnover rate.
Amendments to the 457 Visa programme streamlines the process of skilled manpower migration. Furthermore, the update also limits the influx of unwanted overseas workers competing with Australian employees.
For more information on either migrating to Australia or recruiting staff from overseas, call us at 1300 131 131 or send us an email at firstname.lastname@example.org
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The annual release of the Australian Government Skilled Occupation List gives an indication of future trends in employment. By definition, these occupations are the focus of the Government to fill expected future gaps. The Australia's Department of Immigration & Border Protection (DIBP) released the Skilled Occupation List (SOL) and Consolidated Skilled Occupation (CSOL) list for 2016-2017.
The SOL are for occupation on the national skill shortage, and most desperately in shortage. For this SOL DIPB have added orthopedist, prosthetist, and audiologist in its list. However, the following occupations were removed: mining engineer, petroleum engineer, metallurgist, environmental health officer, occupational health and safety adviser, dental hygienist, dental prosthetist, dental technician and dental therapists. The mining-related occupations are obvious given the most recent downturn in this industry.
In its annual review, it was found out that there were a number of occupations that have excess supply in the labour market, which could lead to potential elimination from the list in the future.
For CSOL, candidates are eligible if they are nominated by a State or Territory Government (Subclass 190), a direct entry stream via Employer Nomination Scheme visa (ENS), Temporary Work (Skilled) 457 visa, or Training and Research Visa (Subclass 402).
For more details on 2016 SOL and CSOL, download the complete 2016 Skilled Occupation List and Consolidated Skilled List.
For more information to see how Konnecting can help your business solve your skill shortages, contact us for an assessment.
The Department of Immigration & Border Protection has launched a new Entrepreneur Visa to support the country's National Innovation and Science Agenda.This new visa demonstrates the long-term intentions of the Australian Government on an overall national focus on science, technology, engineering and maths (STEM) subjects.
The new visa stream aims to attract talented and enterprising applicants, with financial aid from a third-party, to set up scientific and technological ventures in Australia. The visa stream will be included within the existing Business Innovation Business Innovation and Investment (Provisional) visa (subclass 188) and the Business Innovation and Investment (Permanent) visa (subclass 888).
Consistent with this goal, the government also updated the General Skilled Migration (GSM) points test to entice highly-skilled graduates in the fields of science, technology engineering, mathematics (STEM) and information and communication technology to work and live in Australia. The government will award extra points to these candidates to strengthen their pathways to Australia's permanent residency. To be eligible, candidates in the above-mentioned fields should have at least completed two full academic years of post-graduate studies at doctoral or masters (research) level, at an Australian Institution where that degree included a study for at least two academic years, and where the field of education is specified.
The following educational qualifications are nominated to be accepted under this update as outlined by Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS):
Engineering and Related Technologies:
- Aerospace Engineering and Technology;
- Civil Engineering;
- Electrical and Electronic Engineering and Technology;
- Engineering and Related Technologies;
- Geomatic Engineering; Manufacturing and Engineering Technology;
- Maritime and Engineering Technology;
- Mechanical and Industrial Engineering and Technology;
- Other Engineering and Related Technologies;
- Process and Resources Engineering.
Natural and Physical Sciences:
- Biological Sciences;
- Chemical Sciences;
- Earth Sciences;
- Mathematical Sciences;
- Natural and Physical Sciences;
- Other Natural and Physical Sciences;
- Physics and Astronomy.
- Computer Science;
- Information Systems;
- Information Technology;
- Other Information Technology.
The new Entrepreneur visa will be available in November 2016 and the enhanced visa pathway for STEM post-graduate research graduates will be introduced in December 2016. For more information, on the government plans for innovation visit www.innovation.gov.au
WARNING: Fake Job Offers Aug 25, 2016
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Konnecting Skilled Migration and Recruitment celebrated Lunar New Year 2016 with local Australian-Chinese community at Rhodes Phoenix. Prime Minister Malcolm Turnbull and Reid MP Craig Laundy joined us in making this event a successful one.
Australia has added China to the list of countries whose citizens are eligible for Work and Holiday Visas.
The Migration Amendment (Charging for a Migration Outcome) Bill 2015 has been read.
NSW Skilled Occupation Lists (February 2015) Jul 2, 2015
NSW has identified its skilled occupations lists for Skilled Nominated Subclass 190 and Skilled Regional Sponsored Subclass 489 visas on 06 February 2015.
A Whitepaper on the 457 Visa Jun 12, 2015
The Subclass 457 Visa has been very progressive geared towards aiding the growing skills shortages experienced by businesses all across Australia.
Visa Application Charge Increases 1 July 2015 May 13, 2015
Following the release of the Federal Budget for 2015-16, the increases in visa application charges (VAC) have been announced today by the Department.
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