AMVL News Flash

Changes to 457 visa requirements

Friday, November 20, 2015
Recently there have been a number of amendments to clarify the requirements of the Subclass 457 visa. 

Terms and conditions no less favourable - include enterprise agreements
The requirement that the terms and conditions of employment of a person identified in a nomination will be no less favourable than those of Australian citizens or permanent residents, has now been amended to include the terms and conditions provided by an enterprise agreement under the Fair Work Act 2009. 

Any nominations lodged on or after 1 December 2015 will need to ensure that if an enterprise agreement is in place for the nominated occupation within the company, that they adhere to these terms and conditions. 

Labour Market Testing
Unless the Department of Immigration is satisfied that genuine labour market testing has been undertaken, they will not approve a work agreement (labour agreement). This does not apply to Minister of Religion or Religious Assistant.

Condition 8107 - Commencement of work on 457 visa
The holder of a 457 visa must commence work within 90 days after arriving in Australia or within 90 days after being granted the visa, if onshore at the time of grant. Otherwise, the visa is liable for cancellation. 

Condition 8107 - Mandatory licencing, registration or membership 
457 visa holders nominated for an occupation that is subject to mandatory licencing, registration or membership in the location they are employed, must hold the relevant licence, registration or membership while performing the occupation. 

The visa holder must obtain the licence, registration or membership within 90 days of arrival in Australia if the visa was granted offshore or within 90 days of the visa grant if granted onshore.

If the licence, registration or membership is refused, revoked, or ceased, the 457 visa holder must notify the Department of Immigration in writing as soon as possible.  

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ATO Data Matching Program

Wednesday, August 05, 2015
On Tuesday 4 August 2015 the Australian Taxation Office (ATO) released a notice for the commencement of a Data Matching Program for visa holders. They will be acquiring names, addresses and other details of visa holders, their sponsors, and migration agents for the 2013-14, 2014-15, 2015-16 and 2016-17 financial years from the Department of Immigration and Border Protection (DIBP).

Some of the data items that will be obtained are:
Address history for visa applicants and sponsors
Contact history for visa applicants and sponsors
All visa grants
Visa grant status by point in time
All international travel movements undertaken by visa holders (arrivals and departures)
Sponsor details (457 visa)
Education providers (educational institution where the student visa holder intends to undertake their study)
Visa subclass name.

These records are going to be electronically matched with certain information held by the ATO to identify and cases of non-reporting or non-compliance.

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Changes to General Skilled Migration

Thursday, July 02, 2015
As yesterday marked the first day of the 2015/16 Financial Year, a number of changes announced in the federal budget were implemented. The Government also released a new Skilled Occupation List (SOL) for General Skilled Migration. The main changes to note are that Panelbeaters and Cabinetmakers have been added and Dentists and Urban Planners were removed – these are now listed on the Consolidated Skilled Occupations List (CSOL). 

The occupation of Primary School Teacher was also removed from the CSOL for GSM. It is, however, still possible to apply for an employer-sponsored RSMS visa in this occupation.

More from The Australian:

“Cabinet makers and panelbeaters make a valuable contribution to the Australian economy. Migrants with these skills will enhance the size and skill of the Australian workforce,” Senator Cash said.

“There is a gap between the skills of Australians and the work that needs to be done.”

Urban and regional planners, dentists and dental specialists will be removed from the list. And barristers and solicitors, accountants, occupational health and safety, medical laboratory scientists and petroleum engineers could be scaled back. The number of accountants was reduced this year and few barristers are admitted.

The SOL applies to Independent points-based skilled migration, Family sponsored skilled visa applications, and Temporary Graduate (subclass 485) visa applicants in the Graduate Work stream.

To read the full article at The Australian, please click here.

Some State Governments also released new occupation lists for GSM State Sponsorship, with South Australia making changes to their English language requirements.

If you would like to speak with one of our Registered Migration Agents regarding your options for skilled migration, please contact us.

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