publications focus 457 Visa Changes - May 2007 | 457 Visa Changes - May 2007 |
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Changes to the Subclass 457 Visa program The Department of Immigration and Citizenship (DIAC) has announced some changes to the subclass 457 Employer Sponsored Business Visa program, to come into effect 1 July 2007. The most significant change is the new requirement that visa applicants must have functional levels of English language, subject to DIAC finalising consultation with industries. Previously, the 457 visa had no requirement of English language ability, unlike some of the permanent residence visas. The Federal Government has stated this requirement is designed to protect overseas and Australian workers, particularly where a lack of English would increase occupational health and safety risks. Most applicants will need English language skills equivalent to an average score of 4.5 on the International English Language Testing System (IELTS) test and may be required by DIAC to undertake an IELTS test before the visa can be granted. Applicants will need to demonstrate a higher level of English for certain occupations where registration or licensing is required. This requirement will apply to all applications lodged on or after 1 July 2007, as well as all applications that have been lodged before that date but have not been finalised. Under the changes, employers must ensure that the employee concerned has the required level of English; however, DIAC is yet to provide more detail on exactly what steps employers must take. DIAC is also cracking down on employers and will impose sanctions on those who do not comply with their sponsorship undertakings, including the minimum salary levels. It may also become more difficult to apply for a waiver of the minimum skill levels, making it harder to sponsor unskilled workers under the program. Currently, employees must have an occupation on the skilled occupations list, unless the position is in a regional location and the local state government certifying body grants a waiver of the minimum skill/salary level. On a positive note, a welcome change to the visa process will be the fast tracking of applications from employers that are known to DIAC and have a good track record of sponsoring overseas employees. Macrossans Lawyers anticipates that DIAC will release more detailed information in July 2007 and will keep you informed of practical ways to comply with these new changes. If you would like further information please contact:
Emma Swenson
T +61 7 3292 9726 |