457 Review

This week the Government released its response to the “Independent review into the integrity of the 457 programme”.

Full details of how these changes will come into effect will unfold with time, but some of the key issues are:

  • Training Benchmarks A and B will be replaced with an annual training fund contribution based on the number of 457 sponsored and with the contributions scaled according to the size of the sponsoring organisation (6.1)  These contributions will be made to the Department of Industry and directed to areas of identified training need (6.2/3).  The Government will undertake further consultation with stakeholders on how this will be implemented. It is believed that this will increase the integrity of the way these funds are used and remove the payment of commissions. Training expenditure cost may decrease for sponsors under this new arrangement. 
  • It will be made unlawful for a sponsor to be paid by a visa holder to be sponsored and a strong penalty and conviction will be applied (10.7)
  • Labour market testing will not be abolished, however, the Department will examine ways to reduce the burden to employers and red tape in this process (2.0)
  • The English language level will be altered to an IELTS average of 5 overall, with no less than 4.5 in any band (7.1) 
  • Alternate English language test providers are likely to be announced next month (7.3)
  • The exemption for demonstrating English language competency will not be extended to further countries, although the current exemption for 5 years continuous study in English will be changed to 5 years cumulative study (7.5)
  • SBS approvals will be extended from 3 to 5 years and from 12 to 18 months for start up businesses.  These new approval time frames will commence from the time of renewal or new applications for SBS. Current approvals will not be extended to these time frames (10.1)
  • The ATO and the Department have signed an MOU which allows information to be shared on 457 visa holder salaries.  The MOU allows the Department to request salary compliance checks across a broader range of the sponsored employees and businesses, without increasing the number of work site visits (18.1)
  • Visa charges are being reviewed as part of the Joint Review of Border Fees, Charges and Taxes (11.0)
  • The age limitations and the TRT time frames for transition to ENS are being reviewed as part of the Skilled Migration and 400 Visa Series Review, but the recommendations on these from the 457 review are supported (15.1/2)
  • The Ministerial Advisory Council on Skilled Migration cannot be replaced, but advice is being sought on whether it can be reconstituted to be more responsive on labour market issues (1.1/2)
  • Information provided to sponsors will be reviewed and revised for clarity, but further resources will not be allocated (16.0)

I acknowledge the assistance of the Migration Institute of Australia in providing this summary in MIA Notice 2015.22 circulated to its members on 18/3/15.

 

Illegal Workers

I was reading a press release from the Assistant Minister today about a crack down on illegal workers in regional NSW.

By employing people without the correct work rights, employers can commit a crime or be liable for a civil penalty. Directors can also be personally liable for penalties if the employer is a corporation. All this is set out in sections 245AA-245AP of the Migration Act.

Employers can check the visa details and work rights of non-citizens using the Visa Entitlement Verification Online (VEVO) tool on the DIBP website.

Student Visa Cancellations

hopscotchDIBP has recently had blitz on “course hopping” by students that has resulted in about 1000 notices (considering cancellation) and
around 750 actual cancellations.

If you get one of these notices or are cancelled you are welcome to contact me and I will see if there is anyway to challenge the decision.

The things that will put on DIBP’s radar will be:

  • Higher Education Sector visa (subclass 573) holders granted their visas under the streamlined visa processing provisions (requiring less scrutiny) who, shortly after arrival in Australia, then applied for and were refused Vocational Education and Training Sector visas (subclass 572) (non-streamlined visa processing that requires more scrutiny);
  • Student visa holders who have not acted on advice from the department to abide by the requirements of their Student visas;
  • Student visa holders who, upon arrival in Australia, have changed to a course of study that has no correlation to the course of study for which their Student visa was granted. For example, a Student visa holder intends to study for a Bachelor of Engineering, and then changes to a cookery course of study.
  • Student course hoppers who have an adverse immigration history.

I acknowledge the assistance of the MIA in providing this information as a service to its members.

Creative commons acknowledgement for the photograph.

 

Border Force

The Minister for Immigration and Border Protection introduced the Australian Border Force Bill 2015 into Parliament on 25 February 2015. The cornerstone of the Bill is the creation of an operational border control and enforcement entity.

The ABF will be the operational arm of the Department of Immigration and Border Protection (DIBP) and will be led by the ABF Commissioner who will be Australia’s most senior border law enforcement officer. border

The Commissioner will have a dual role as the Comptroller-General of Customs, with responsibility for the enforcement of Customs law and collection of border-related revenue.

In performing these critical functions, the ABF will work in close partnership with a range of Commonwealth, state, territory and international law enforcement and intelligence agencies, including the Australian Defence Force and the Australian ederal Police.

The ABF is due to commence operation on 1 July 2015. ​​​​​​We’ll see how all this goes!

Creative commons acknowledgment for the photograph.