Mr John Azarias – Chair of the most recent review into the 457 visa programme – was appointed in December 2015 to undertake an evidence based review of the Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT (the ‘market salary’ benchmark beneath which a subclass 457 nomination will be refused) has been effectively frozen at $53,900 since July 2013.

Stakeholder submissions have now been collected in connection with the review, and the report is due to be tendered to the Minister in April. Whilst specific outcomes are difficult to predict, these may include a tiered TSMIT based on regional areas and/or industry sector. However, it is almost certain that the moratorium on indexing the TSMIT will come to an end, and take effect from as early as July 2016.

An increase to the TSMIT will render some roles ineligible for sponsorship if the market rate for that occupation is below the new TSMIT. Should the TSMIT be increased and pegged to the All Employees Average Weekly Total Earnings, recent ABS data would suggest that the new threshold could be around $59,540.

Nominations for roles in skilled, but traditionally lower paid sectors such as nursing and hospitality would be impacted most by the change, as would roles paying a commissionable component from a low base rate of pay.

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Under law, the applicable TSMIT governing market rates is the threshold in place at the time the nomination application is approved. This means that depending on timing, an application with a ‘marginal’ annual earnings may be invalidated if the TSMIT increases between lodgement and finalisation. At present, the DIBP’s published service standard for processing such applications is up to 3 months.

Sponsors who are potentially affected by the changes can take steps to insure against an increase by bringing forward lodgement of a genuine nomination application and effectively preserving the lower TSMIT for up to 12 months (the standard validity period of a subclass 457 nomination application). An associated subclass 457 visa application can be subsequently lodged against the approved nomination at any time during its validity period.

Timing, and meticulous preparation are crucial components to this strategy, and should be discussed with us, or your current qualified immigration professional.

FCB Smart Visa will continue to provide updates on new migration legislation as it becomes available. If you have any migration matters that you would like to discuss, please call one of our migration agents on 02 9922 5188.

 

It has been determined that the imposition of Labour Market Testing would ultimately be inconsistent with Australia’s international trade obligations arising under the China-Australia Free Trade Agreement (ChAFTA), hence, Labour Market Testing is not required for the following occupations when the ChAFTA comes into force:

• Executives, senior managers, and managers, as intra-corporate transferees
• Specialists and intra-corporate transferees
• Independent executives
• Contractual service providers

FCB Smart Visa will continue to provide updates on ChAFTA’s effect on Australian visa programmes as information becomes available. If you have any migration matters that you would like to discuss, please call one of our migration agents on 02 9922 5188.

On 20 November the Department of Immigration and Border Protection released a number of policy and health systems changes. These will have an impact on all visa applications requiring a medical examination and include the following:

1. Moving all health functionality from the department visa processing system to the Health Assessment Portal
2. Changed arrangements for the re-use of health examinations and health clearances for subsequent visa applications

The department has an existing automated re-use functionality for online applicants who have already completed all health examinations and who already have a HAP ID. This will now be extended so clients can re-use individual health examinations. This will be applied to both paper-based and online applications.

3. Revised health matrix and tuberculosis (TB) screening for children

There will now only be two risk levels. No health examinations will be required for temporary visa applicants unless they are from a country where health examinations are required and their visa will allow a stay period of 6 months or more. Health examinations would also be required if the applicant is likely to:

• Work in a childcare centre;
• Work as a doctor, dentist, nurse, or paramedic;
• Enter a healthcare facility;
• Pregnant and intending to give birth in Australia; or
• Aged 75 years and older.

This would have an effect on all 457 visa applicants from higher risk level countries such as China and India as they would now need to complete a full medical examination rather than just chest x-ray.
Children aged between 2 and 10 year will require a TB test if they are:

• Applying for an offshore humanitarian or onshore protection visa;
• From a higher risk country; or
• Applying for a temporary visa and declare close family contact with TB.

4. An updated “prejudice to access” list

The “prejudice to access” has been amended to no longer include blood/plasma products and radiotherapy. The only services on the list are dialysis and organ transplants

5. Automated referrals to state and territory clinics for health undertakings

This will serve to streamline the process of health undertakings and allow clinics to automatically update the status of their patients. It will also allow the clinics to view a client’s health records online and record results of the health undertaking.
FCB Smart Visa will continue to provide information relevant to medical assessment requirements when they becomes available. If you would like to discuss how these changes will affect you, or you are interested in further information, please call an FCB Smart Visa migration agent on 02 9922 5188.

On Wednesday 16 September, the new Turnbull government introduced legislation to Parliament to make it a criminal offence for a sponsor to be paid by a visa applicant in return for securing a migration outcome.

The changes are in line with the government commissioned Independent Review of the Integrity of the Subclass 457 Programme, in which 22 recommendations were made to effectively strengthen the programme.

“The Migration Amendment (Charging for a Migration Outcome) Bill 2015 implements this recommendation and expands the application beyond the 457 visa programme to other temporary and permanent work visas,” former Assistant Minister Michaelia Cash said.

She went on to say that “unlawful arrangements whereby payment, inducements or other incentives are promised or exchanged to try and achieve a migration outcome will not be tolerated by this Government.”

There will be a framework for criminal, civil and administrative sanctions against sponsors who try to ‘sell’ sponsorships, or seek to obtain some kind of advantage in return for sponsoring a person for a temporary or permanent work visa.

FCB Smart Visa will continue to provide updates on new migration legislation as it becomes available. If you have any migration matters that you would like to discuss, please call one of our migration agents on 02 9922 5188.

Earlier this week the Australian government announced further measures to protect temporary work visa holders, by providing additional resources to help them understand their rights as workers, and ensure they have access to information about their workplace rights.

Following various incidents of exploitation of temporary workers, the government has been rolling out several improvements to their systems and processes. One that has already been implemented is the improvement of visa grant notices issued to the visa holder when they are granted their visa. The aim of this is to ensure workers understand their rights when it comes to wages, discrimination, bullying, and harassment.

The government has also recently launched a Pay and Conditions Tool (PACT), available on mobile devices; calculate.fairwork.gov.au, that will allow workers to check their pay rates and enable them to easily identify any issues.

Assistant Minister for Immigration and Border Protection, Senator Michaelia Cash said that for temporary visa holders the best defence against being underpaid or treated unfairly in the workplace is to know their rights.

“All workers are entitled to the same pay, conditions and protections under Australian law, regardless of whether they are a temporary visa holder, a permanent visa holder or an Australian citizen,” Minister Cash said.

FCB Smart Visa will continue to provide information relevant to the temporary skilled migration programme when it becomes available. If you would like to discuss how these changes will affect you or your business, or you are interested in further information, please call an FCB Smart Visa migration agent on 02 9922 5188.