Page 10 - Oil&Gas-AustralAsia-2015-Issue-2
P. 10
A USTRALIA
Australian Migration Matters
457 review - Changes and Sup- English Language requirements can Further Changes expected – but
ported Issues now be met by evidencing results from when???
a variety of examining bodies. They are
It was good to see some of the IELTS, Pearson’s, Cambridge, TOEFL Time with two employers to be includ-
recommendations from the 457 review and OET. The acceptance of results ed for Skills Exemption for Employer
released in September last year, finally from more English examining bodies is CSpuornresnortleyd, 4P5R7 visa holders require to
come into effect at the end of April useful for two reasons. It makes sourc- have worked for two years for the spon-
and the Governments indication that ing a test within short time frames far soring employer before they get an Ex-
they are supporting the great majority easier and allows people to undertake emption on the requirement to provide
of the recommendations. The changes, tests of their choice that may be more a Skills Assessment for the Employer
recommended by an independent suited to them. Nominated Scheme (ENS) or Regional
review committee, are practical, will be Future Sponsorships granted for 5 years Sponsored Migration Scheme (RSMS)
of benefit to the operation of Australian Standard Business Sponsorships (SBS) Visas under the transition scheme.
Businesses and will increase the integrity are now being granted for 5 years rather Proposed change: That 457 visa holders
of the system. Only a handful of the than 3 years for established companies. will be required to work for at least two
changes are now in force and we know This is far more practical although there years in Australia before transitioning
there are more changes to come – the is the potential for issues to arise in to the Employer Nomination Scheme or
big question is when. I have highlighted relation to renewals as companies are Regional Sponsored Migration Scheme,
some of the more interesting changes required to prove that they have met and that consideration be given to the
that will allow Australian business to their obligations to train Australians amount of time required with a nomi-
operate more efficiently. in each of the five years. If you already nating employer being at least one year.
hold a SBS then it is only valid for the But remember, if you can get a Skills
Changes Now in Force three year period defined. The change Assessment or are paid over $180k per
only applied to grants from now on. annum you can apply for PR anytime.
From 10 days to 28 days Standard Business Sponsorships for If you have a professional occupation
Time allowed for a company to report companies which have only been and can meet the qualification or expe-
to DIBP that a 457 visa holder has left established for a short time, will now be rience criteria, then you don’t have to
their employment has been increased awarded for 18 months rather than 12 wait the two years! Apply now.
from 10 days to 28 days. This is a far months. Relief for over 50s PR
more practical time frame given most High Income 457 roles don’t have to Currently, 457 visa holders who are
companies payroll administration is pTrhoevsiadlearMyalervkeelt aRtawtehCicohmepxeamrispotniosns over 50 need to have worked for the
done monthly. Significant penalties still for Market Rate Comparisons are given same employer for a minimum of 4
exist if companies forget to report! has been reduced from $250,000 to years on a 457 in the same occupation
English Language requirements eased $180,000 which is in line with the ATO and earned over Fair Work Australia’s
English language requirements have marginal Tax Rate. As these positions High Income Threshold (currently
been relaxed with the requirement don’t tend to be covered by Industrial $133,900) for each of the four years
dropping notably e.g in the IELTS Awards or to have persons employed before they can get to PR. The current
system the score drops from a minimum by the company in similar roles, this system works against the visa holders
score of 5 in each of the four competen- makes sense. who may be offered promotion, have
cies – Reading, Writing, Speaking and adult children on their 457 visa and
Listening - to an average of 5 across the TThSeMreIThafsrobzeeennanto$5in3c,9re0a0se to the makes them apply for at least a sec-
four competencies. This makes a mas- Temporary Skilled Migration Income ond 457 visa with the same employer
sive difference to non English speaking Threshold (TSMIT) which remains at because of the particular wording of
candidates who often failed on written $53,900. Indications are that this will the regulations. To say nothing of the
English skills ability although their role not increase until it has been further uncertainty that the families have to
was technical and involved little formal reviewed and that concessions for live under. It is quite ridiculous to make
writing. Regional Areas, Labour Agreements, things so difficult for this group of 457
Sadly there is no movement on the Enterprise Migration Agreements and visa holders who often have considera-
number of countries whose passports Designated Area Migration Agree- ble talents and experience. The timing
evidence acceptable English skills - ments, will be introduced. on this change is desperate as it is caus-
currently United Kingdom, United ing a lot of heartache for people who
States of America, Canada, Ireland and have delivered well to Australia at a
New Zealand.
A A08 OIL & GAS ustral SIA MAY/JUNE 2015 www.oilandgasaustralasia.com
Australian Migration Matters
457 review - Changes and Sup- English Language requirements can Further Changes expected – but
ported Issues now be met by evidencing results from when???
a variety of examining bodies. They are
It was good to see some of the IELTS, Pearson’s, Cambridge, TOEFL Time with two employers to be includ-
recommendations from the 457 review and OET. The acceptance of results ed for Skills Exemption for Employer
released in September last year, finally from more English examining bodies is CSpuornresnortleyd, 4P5R7 visa holders require to
come into effect at the end of April useful for two reasons. It makes sourc- have worked for two years for the spon-
and the Governments indication that ing a test within short time frames far soring employer before they get an Ex-
they are supporting the great majority easier and allows people to undertake emption on the requirement to provide
of the recommendations. The changes, tests of their choice that may be more a Skills Assessment for the Employer
recommended by an independent suited to them. Nominated Scheme (ENS) or Regional
review committee, are practical, will be Future Sponsorships granted for 5 years Sponsored Migration Scheme (RSMS)
of benefit to the operation of Australian Standard Business Sponsorships (SBS) Visas under the transition scheme.
Businesses and will increase the integrity are now being granted for 5 years rather Proposed change: That 457 visa holders
of the system. Only a handful of the than 3 years for established companies. will be required to work for at least two
changes are now in force and we know This is far more practical although there years in Australia before transitioning
there are more changes to come – the is the potential for issues to arise in to the Employer Nomination Scheme or
big question is when. I have highlighted relation to renewals as companies are Regional Sponsored Migration Scheme,
some of the more interesting changes required to prove that they have met and that consideration be given to the
that will allow Australian business to their obligations to train Australians amount of time required with a nomi-
operate more efficiently. in each of the five years. If you already nating employer being at least one year.
hold a SBS then it is only valid for the But remember, if you can get a Skills
Changes Now in Force three year period defined. The change Assessment or are paid over $180k per
only applied to grants from now on. annum you can apply for PR anytime.
From 10 days to 28 days Standard Business Sponsorships for If you have a professional occupation
Time allowed for a company to report companies which have only been and can meet the qualification or expe-
to DIBP that a 457 visa holder has left established for a short time, will now be rience criteria, then you don’t have to
their employment has been increased awarded for 18 months rather than 12 wait the two years! Apply now.
from 10 days to 28 days. This is a far months. Relief for over 50s PR
more practical time frame given most High Income 457 roles don’t have to Currently, 457 visa holders who are
companies payroll administration is pTrhoevsiadlearMyalervkeelt aRtawtehCicohmepxeamrispotniosns over 50 need to have worked for the
done monthly. Significant penalties still for Market Rate Comparisons are given same employer for a minimum of 4
exist if companies forget to report! has been reduced from $250,000 to years on a 457 in the same occupation
English Language requirements eased $180,000 which is in line with the ATO and earned over Fair Work Australia’s
English language requirements have marginal Tax Rate. As these positions High Income Threshold (currently
been relaxed with the requirement don’t tend to be covered by Industrial $133,900) for each of the four years
dropping notably e.g in the IELTS Awards or to have persons employed before they can get to PR. The current
system the score drops from a minimum by the company in similar roles, this system works against the visa holders
score of 5 in each of the four competen- makes sense. who may be offered promotion, have
cies – Reading, Writing, Speaking and adult children on their 457 visa and
Listening - to an average of 5 across the TThSeMreIThafsrobzeeennanto$5in3c,9re0a0se to the makes them apply for at least a sec-
four competencies. This makes a mas- Temporary Skilled Migration Income ond 457 visa with the same employer
sive difference to non English speaking Threshold (TSMIT) which remains at because of the particular wording of
candidates who often failed on written $53,900. Indications are that this will the regulations. To say nothing of the
English skills ability although their role not increase until it has been further uncertainty that the families have to
was technical and involved little formal reviewed and that concessions for live under. It is quite ridiculous to make
writing. Regional Areas, Labour Agreements, things so difficult for this group of 457
Sadly there is no movement on the Enterprise Migration Agreements and visa holders who often have considera-
number of countries whose passports Designated Area Migration Agree- ble talents and experience. The timing
evidence acceptable English skills - ments, will be introduced. on this change is desperate as it is caus-
currently United Kingdom, United ing a lot of heartache for people who
States of America, Canada, Ireland and have delivered well to Australia at a
New Zealand.
A A08 OIL & GAS ustral SIA MAY/JUNE 2015 www.oilandgasaustralasia.com
