457签证政策具体改革细则
雅思感觉都不是事儿啦
英语部分是许多人关心的部分！此次艾伯特政府采纳了之前要求放松英语语言要求的建议。
－457签证申请人的英文要求将由现在的雅思4个5分，变为平均分5分，每门不低于4.5分。
－457英文要求将全面接受其他种类英文考试成绩（与186/187一致）。
－现有的5年连续英文学习经历豁免457英文要求的条款，将改为累计学习5年。
除了申请者外，对雇主的要求也改了不少
培训－对澳洲雇主现有的员工培训要求（每12个月发生全年工资总额1%或2%的培训费），将被企业年度培训费基金取代；按企业规模和担保人数向政府缴纳相应年费。
招聘－劳动力市场测试（Labor Marketing Testing）继续保留，但将更改执行的要求。雇主仍然需要在本地针对需求岗位打广告后，确认无法招募到合适的人才，才能到海外聘用技能工人。
担保资格－雇主担保资格将由3年提升至5年（运营超过12个月的雇主），及12个月提升至18个月（运营未满12个月的雇主）；
记录良好的雇主享受快速通道。
年龄要求上的调整
考虑将457工作年满2年转186/187的年龄上限放宽，目前的年龄要求为不满50岁。
工作多久能够转PR呢？
如果457签证申请人又发生转雇主的情况，只要在新雇主方工作满12个月即刻申请186/187.
违规雇主，fine～！fine～！fine～！
税务局和移民局系统对接，调查工资和养老金，共享工人薪资数据进行监管。
处罚因担保457签证工人而收取费用的雇主，假雇主担保，将被视为刑事犯罪。真是贴心的政策哦～～～
看样子改革是势在必行了。
这次的政策看得出政府下了大决心了，虽然还只是提案，并非正式决定，但许多提出的建议都已经纳入考虑的范围，这也让申请者舒心不少～！
想要了解更多，就看你是不是能通过下面的考验咯：）
Independent review of the 457 programme
In 2014 the Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash, announced an independent review of the temporary work (skilled) visa (Subclass 457) programme. The final report of the panel is titled Robust New Foundations - A Streamlined, Transparent and Responsive System for the 457 Programme (1.4MB PDF).
On 18 March 2015, the Government responded to the recommendations of the panel, and a copy of the recommendations and information on the Government response is available on our website.
Government supports or supports-in-principle the majority of the review's recommendations, with the exception of the recommendation to abolish the requirement for labour market testing (Recommendation 2) which is noted, and the sub-recommendation (Recommendation 7.4) to expand the list of nationalities that are exempt from the English language requirement which is not supported.
Recommendation Government Response
1.1
That, in lieu of the existing Ministerial Advisory Council on Skilled Migration, a new tripartite ministerial advisory council, which is not necessarily prescribed in legislation, be established to report to government on skilled migration issues.
Supported in principle
1.2
That the new ministerial advisory council be supported by a dedicated labour market analysis resource.
Supported
2.
Acknowledging that, as the OECD has pointed out, employer-conducted labour market testing is not "fully reliable", and in the Australian context has proven ineffective, that the current legislative requirement for labour market testing be abolished.
Noted
3.1
That the Consolidated Sponsored Occupations List (CSOL) be retained as a list of occupations which are at Skill Level 3 and above, and that the CSOL should be able to be amended by two means: first, the addition of skilled occupations which can be shown to exist in the community but which may not be on the ANZSCO list; and, second, the refinement of the CSOL in cases where there may be integrity or appropriateness concerns. Any occupations not on the list, which are usually referred to as semi-skilled, may be addressed as part of the Labour Agreement regime.
Supported
3.2
That the new ministerial advisory council provide advice on those occupations where some concerns exist and recommend additional requirements or limitations on occupations and/or regions.
Supported
4.
That the market rate framework continue to operate as a core component of the 457 programme, but that the earnings threshold above which there is an exemption from the need to demonstrate the market rate should be aligned with the income level above which the top marginal tax rate is paid
(currently at $180,000).
Supported
5.1
While there is an argument for abolishing the Temporary Skilled Migration Income Threshold (TSMIT), that it nevertheless be retained to allow for streamlining within the wider programme, and that concessions to the TSMIT be afforded under Labour Agreements, Enterprise Migration Agreements and Designated Area Migration Agreements, as appropriate.
Supported
5.2
That the current TSMIT be retained at $53,900 p.a. but that it not undergo any further increases until it is reviewed within two years.
Supported
5.3
That the two roles currently performed by TSMIT (that is, acting as a determination of the eligibility of occupations for access to the scheme and as an income floor) be more clearly articulated in the 457 programme, and that consideration be given to accepting the eligibility threshold as up to 10% lower than the TSMIT.
Supported
5.4
That the government give further consideration to a regional concession to the TSMIT, but only in limited circumstances where evidence clearly supports such concession.
Supported
5.5
That in circumstances where the base rate of pay is below the TSMIT, the current flexible approach adopted by the department, taking into account guaranteed annual earnings to arrive at a rate that meets the minimum requirement of TSMIT be continued and made more visible to users of the programme and their professional advisors.
Supported
6.1
That the current training benchmarks be replaced by an annual training fund contribution based on each 457 visa holder sponsored, with the contributions scaled according to size of business.
Supported*
6.2
That any funding raised by way of a training contribution from sponsors of
457 visa holders be invested in:
a training and support initiatives, including job readiness, life skills, and outreach programmes for disengaged groups, particularly youth who have fallen out of the school system
b programmes allowing employers to take on apprentices/trainees from target groups, including Indigenous Australians and those in rural and regional areas
c mentoring programmes and training scholarships aimed at providing upskilling opportunities within the vocational training and higher education sectors that address critical skills gaps in the current Australian workforce. Target sectors include those industries, such as nursing and the IT sector, that rely heavily on 457 workers
d training and support initiatives for sectors of critical national priority.
e Target sectors include industries experiencing significant increase in labour demands, such as the aged care and disability care sectors.
Supported
6.3
That funds raised through the training contribution be dedicated to this training role and that the government reports annually on how these monies are spent by the Department of Education and Training (formerly the Department of Industry).
Supported
6.4
That there be a new sponsor obligation to ensure that the cost to the sponsor of the training contribution cannot be passed onto a 457 visa holder or third party.
Supported
7.1
That the English language requirement be amended to an average score.
For example, in relation to International English Language Testing System,
the 457 applicant should have an average of 5 across the four competencies
(or the equivalent for an alternative English language testing provider).
Supported
7.2
That greater flexibility be provided for industries or businesses to seek concessions to the English language requirement for certain occupations on a case by case basis, or under a Labour Agreement, Enterprise Migration Agreement or Designated Area Migration Agreement, as appropriate.
Supported
7.3
That consideration be given to alternative English language test providers.
Supported
7.4
That consideration be given to expanding the list of nationalities that are exempt from the need to demonstrate they meet the English language requirement.
Not Supported
7.5
That instead of the current exemption which requires five years continuous study, five years cumulative study be accepted.
Supported
8.1
That there be targeted training for decision-makers in relation to assessment of the genuine position requirement.
Supported
8.2
That before decision-makers refuse a nomination on the basis of the genuine position requirement, the sponsor be invited to provide further information to the decision-maker.
Supported in principle
9.
That the government should explore how skills assessment could more appropriately recognise a visa applicant's experience.
Supported
10.1
That Standard Business Sponsors should be approved for five years and start-up business sponsors for eighteen months.
Supported
10.2
That as part of the government's deregulation agenda, the department should develop a simplified process for sponsor renewal.
Supported
10.3
That the department considers combining as many sponsorship classes as possible.
Supported
10.4
That when more detailed information is available, the department should investigate the alignment of overseas business and Labour Agreement sponsorship periods with the general Standard Business Sponsorship approval period.
Supported
10.5
That the timeframe for the sponsor to notify the department of notifiable events as set out in legislation should be extended to 28 days after the event has occurred.
Supported
10.6
That the department should explore options that would enable the enforcement of the attestation relating to non-discriminatory employment practices.
Supported
10.7
That it be made unlawful for a sponsor to be paid by visa applicants for a migration outcome, and that this be reinforced by a robust penalty and conviction framework.
Supported
11.
That the government should review the fee structure, especially for secondary visa applicants and visa renewal applications.
Supported
12.1
That sponsors be required to include as part of the signed employment contract:
a a summary of visa holder rights prepared by the department, and
b the Fair Work Ombudsman's Fair Work Information Statement.
Supported
12.2
That improvements be made to both the accessibility and content on the department's website specific to 457 visa holder rights and obligations, and utilising the department's significant online presence more effectively to educate 457 visa holders on their rights in Australia.
Supported
13.1
That consideration be given to creating streamlined processing within the existing 457 programme as a deregulatory measure. To maintain programme integrity, streamlining should be built around risk factors including business size, occupation, salary and sponsor behaviour.
Supported*
13.2
That should the recommended nomination and visa streamlining outlined in this report be implemented, the department should investigate a redefined accredited sponsor system. Current accredited sponsors should retain their priority processing benefits until their sponsorship ceases; however, no further sponsors should be afforded accredited status until a new system is implemented.
Supported
14.1
That Labour Agreement negotiation times be significantly improved to enable a demand-driven and responsive pathway for temporary migration, where the standard 457 programme arrangements are not suitable.
Supported
14.2
That to enable the Labour Agreement pathway to be more open and accessible for additional industry sectors, consideration be given to the development of other template agreements that will address temporary local labour shortages in industries of need.
Supported
15.1
That 457 visa holders be required to work for at least two years in Australia before transitioning to the Employer Nomination Scheme or Regional Sponsored Migration Scheme, and that consideration be given to the amount of time required with a nominating employer being at least one year.
Supported
15.2
That consideration be given to reviewing the age restriction on those 457 visa holders transitioning to the Employer Nomination Scheme or Regional Sponsored Migration Scheme.
Supported
15.3
That consideration be given to facilitating access for partners of primary sponsored 457 visa holders to secure permanent residence under the Temporary Residence Transition stream.
Supported
16.
That consideration be given to the allocation of more resources to programmes aimed at helping sponsors understand and comply with their obligations, whether those programmes are delivered directly to sponsors or through the migration advice profession.
Supported in principle
17.
That greater priority be given to monitoring, and that the department continue to enhance its compliance model to ensure those resources are applied efficiently and effectively.
Supported
18.1
That there be greater collaboration between the department and the Australian Taxation Office to uphold integrity within the 457 programme and minimise the burden on employers.
Supported
18.2
That a change to 457 visa conditions be introduced to place an obligation on the visa holder to provide the department with their Australian tax file number.
Supported
19.1
That the Fair Work Ombudsman's current complementary role in monitoring compliance and referral of findings to the department for action should continue.
Supported
19.2
That the department should provide information in real time that is both current and in a format compatible with those of the Fair Work Ombudsman.
Supported
20.1
That the department monitor decisions of the Fair Work Commission, so as to determine if sponsors have breached obligations or provided false or misleading information.
Supported
20.2
That the department require sponsors, when lodging a new nomination application to certify that there has been no change to the information provided to the department in relation to whether the business or an associated entity has been subject to "adverse information" as that term is defined in the legislation.
Supported
21.1
That dedicated resourcing be made available to the department to enable the investigation and prosecution of civil penalty applications and court orders.
Supported*
21.2
That the department disclose greater information on its sanction actions and communicate this directly to all sponsors and the migration advice profession as well as placing information on the website.
Supported
22.
That the department investigate the feasibility of system improvements that facilitate greater linkages with information held by other government agencies.
Supported in principle
* Supported subject to further consultation
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