根据最新移民协会内部的通知， 457工作签证可能即将发生重大变化, 目前政府在考虑的建议有：
建议1 ：成立了一个独立的第三方的机构， 对市场劳务情况评估， 给移民部提交报告。
建议2 ：废除现有的457 LABOUR MARKETING TESTING， 因为目前雇主所做的广告招聘不可靠
建议3.：增加现有的CSOL（ CONDOLIDATED SPONSOREDOCCUPATIONS LISTS， 增加职业提名的机会。
建议4.：调整457高薪豁免工资额MARKETSALARY RATE， 从目前的250，000 澳币降到180，000澳币
建议5.：现有的457最低工资标准不变， 目前是53900 澳币加养老金。对于偏远地区的申请， 移民部会考虑根据当地的实际工作标准制定工资标准。
建议6.：目前的培训要求A和B 被每年的培训贡献费用政策取代， 具体金额是根据员工的工资和养老金的2%来决定。
建议7： 目前的英文要求是4个5分， 新的政策改为平均分5分；部分职业和行业， 雇主可以提出申请更低的英文要求； 同时可以接受其他方式的英文测试；目前英文豁免之一的连续5年的读书改为累计5年的读书。
建议8： 关于职位真实性的问题， 如果签证官认为有问题， 在签证拒签之前， 必须给雇主一个解释的机会。
建议9： 移民部会探索更多方式根据申请人的工作经验来决定技术评估
建议10：雇主担保的有效期从现在的3年增加到5年， 新成立的公司从12个月增加到18个月。 雇主的情况发生变化， 可以给28天的时间通知移民部
建议11： 有可能提高目前的费用， 尤其是副申请人和延期签证的费用。
建议12： 要求雇主在雇佣合同中包括签证持有人的权利， FAIRWORK等信息
建议13： 对现有的ACCREDITED SPONSOR 系统关闭。
建议14： 废除LABOUR AGREEMENT， 开发一个新的签证类别
建议15.：457 签证持有者申请PR 186 或者187类别的时候， 工作时间从2年改为1年；有可能提高457 签证申请人的年龄上限。
建议16.： 对雇主提供必要的培训， 帮助雇主了解他们的义务和责任。
建议17.：加强移民部的监管机制
建议18： 增强部门之前的协调沟通， 比如移民部和税局。
建议19: FAIR WORK OMBUDSMAN 发挥更多的作用。
建议20.: 移民部监管 FAIR WORK COMMISSION 的决定雇主是否违反的劳务合同等规定
建议21.: 加大处罚的力度，公开透明处罚的流程， 通知雇主和相关的移民协会。
建议22: 加强移民系统的功能。
|
At a National Press Club lunch today, the Minister for Immigration and Border Protection, the Hon Scott Morrison, has discussed the Government’s response to the just released report by the panel conducting the Independent Review into Integrity in the Subclass 457 programme.
The review report, Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme, is available on the Department of Immigration and Border Protection’s website.
The Minister praised the report for its “balanced and measured” 22 recommendations.
Minister Morrison did not give any details of the implementation date for the recommendations, but said that the Government will give a detailed response “in the weeks and months ahead”.
The MIA will inform members of further details as soon as they become available.
Report Recommendations
Recommendation 1 – Core solutions
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.
1.2 That the new ministerial advisory council be supported by a dedicated labour market analysis resource.
Recommendation 2 – Core solutions
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.
Recommendation 3 - Core solutions
3.1 That the Consolidated Sponsored Occupations List be retained as a list of
occupations which are at Skill Level 3 and above, and that the Consolidated Sponsored Occupations List 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 Consolidated Sponsored Occupations List 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.
3.2 That the new ministerial advisory council provide advice on those occupations where some concern exists and recommend additional requirements or limitations on occupations and/or regions.
Recommendation 4 - Market Salary Rate
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).
Recommendation 5 - Temporary Skilled Migration Income Threshold
5.1 While there is an argument for abolishing the Temporary Skilled Migration Income Threshold, that it nevertheless be retained to allow for streamlining within the wider programme, and that concessions to the Temporary Skilled Migration Income Threshold be afforded under Labour Agreements, Enterprise Migration Agreements and Designated Area Migration Agreements, as appropriate.
5.2 That the current Temporary Skilled Migration Income Threshold be retained at $53 900 p.a. but that it not undergo any further increases until it is reviewed within two years.
5.3 That the two roles currently performed by the Temporary Skilled Migration Income Threshold (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 per cent lower than the Temporary Skilled Migration Income Threshold.
5.4 That the government give further consideration to a regional concession to the Temporary Skilled Migration Income Threshold, but only in limited circumstances where evidence clearly supports such concession.
5.5 That in circumstances where the base rate of pay is below the Temporary Skilled Migration Income Threshold, 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 Temporary Skilled Migration Income Threshold be continued and made more visible to users of the programme and their professional advisors.
Recommendation 6 - Training benchmarks
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.
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; and,
d) training and support initiatives for sectors of critical national priority. Target sectors include industries experiencing significant increase in labour demands, such as the aged care and disability care sectors.
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 Industry.
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.
Recommendation 7 - English language requirement
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).
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.
7.3 That consideration be given to alternative English language test providers.
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.
7.5 That instead of the current exemption which requires five years continuous study, five years cumulative study be accepted.
Recommendation 8 - Genuine position requirement
8.1 That there be targeted training for decision-makers in relation to the assessment of the genuine position requirement.
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.
Recommendation 9 - Skills assessments
9. That the government should explore how skills assessments could more
appropriately recognise a visa applicant's experience.
Recommendation 10 - Sponsorship
10.1 That Standard Business Sponsors should be approved for five years and start-up business sponsors for 18 months.
10.2 That as part of the government’s deregulation agenda, the department should develop a simplified process for sponsor renewal.
10.3 That the department consider combining as many sponsorship classes as possible.
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.
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.
10.6 That the department should explore options that would enable the enforcement of the attestation relating to non-discriminatory employment practices.
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.
Recommendation 11 - Fees
11. That the government should review the fee structure, especially for secondary visa applicants and visa renewal applications.
Recommendation 12 - Information provision
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.
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.
Recommendation 13 A streamlined approach
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.
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.
Recommendation 14 - Labour Agreements
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.
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.
Recommendation 15 - Pathways to permanent residence
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.
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.
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.
Recommendation 16 - Role of education
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.
Recommendation 17 - Monitoring
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.
Recommendation 18 - Inter-agency cooperation
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.
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.
Recommendation 19 - Fair Work Ombudsman
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.
19.2 That the department should provide information in real time that is both current and in a format compatible with that of the Fair Work Ombudsman..
Recommendation 20 - Fair Work Commission
20.1 That the department monitor decisions of the Fair Work Commission, so as to determine if sponsors have breached obligations or provided false and misleading information
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.
Recommendation 21 - Sanctions
21.1 That dedicated resourcing be made available to the department to enable the investigation and prosecution of civil penalty applications and court orders.
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.
Recommendation 22 - Systems enhancements
22. That the department investigate the feasibility of system improvements that
facilitate greater linkages with information held by other government agencies.
总体来说，457的改革是很人性化的，主要表现为：
1. 特别是英文要求有所降低，工资要求降低，CSOL职业清单这对英文稍逊的雇员和缺乏雇员的雇主来说都是好消息。
2. 废除劳工市场测试，有第三方机构评估；
3. 457高薪豁免market salary rate市场工资从25万澳元降低到18万。96400高薪豁免雅思不变。
4. 对于市场工作低于53900的岗位，如果雇主愿意支付53900的，也可以申请工作签证；
5. 457转186时间从2年缩短为1年，这个绝对利好
请大家注意，这个22条建议目前是初稿，没有100%夯实，但是根据经验，80-90%会被最后采用。我们澳大利亚留学网也会进一步给大家汇报最新进展。
图文来自网络，供大家参考与分享！
若需要办理457签证的同学请联系我们事德国际移民顾问，提前电话预约07-32201128.
