I JULY 2007, 457 CHANGES

The Department of Immigration and Citizenship have just released details of changes to the Subclass 457 visa in a question and answer format.

English Language

Why has an English language requirement been introduced?

The former Minister for Immigration and Multicultural Affairs announced on 1 May 2006 that further improvements would be made regarding English language to ensure temporary skilled workers under 457 visas have at least functional levels of English, subject to consultation with industry. The former Minister noted that this would help to protect both foreign and Australian workers, particularly in situations where a lack of English language skills can pose an occupational health and safety risk.

On 26 April 2007, the Minister for Immigration and Citizenship, the Hon Kevin Andrews MP, announced that an English language requirement would commence from 1 July 2007.

What is the new English language requirement?

The new English language requirement has two parts:

From 1 July 2007, Employers who seek to sponsor must ensure that overseas workers they employ have functional English language skills equivalent to an overall band score of 4.5 in an International English Language Testing System (IELTS) test OR where a higher level is required for licensing/registration, that level of English language skills.

From 1 July 2007, Subclass 457 primary visa applicants will be required to provide evidence of their English language skills. The department may seek formal demonstration of the applicant’s English language skills through an International English Language

Testing System (IELTS) test, based on information provided in the application and other risk factors. The methodology to establish when formal IELTS testing will and will not be required is yet to be determined.

Who does the new English language requirement apply to?

The English language requirement applies to:

• all sponsorship applications lodged but not decided before 1 July 2007 and all sponsorship applications lodged on or after 1 July 2007.

• All Subclass 457 primary visa applications lodged but not decided before 1 July 2007 and all Subclass 457 primary visa applications lodged on or after 1 July 2007.

I am a Subclass 457 visa holder, do the changes effect me?

The changes do not impact existing visa holders while they remain on their present Subclass 457 visa. Should a Subclass 457 visa holder seek to apply for a further Subclass 457 visa, they would be required to meet the new English language requirement along with all other relevant regulatory criteria.

Fast Tracking

Why is a formal Fast-Tracking arrangement being introduced?

Skill shortages have the capacity to seriously impact on existing businesses and the security of Australian jobs and job growth. Australia’s Temporary Business Entry (Subclass 457) arrangements are in place to assist business to meet their skilled workforce needs quickly using skilled overseas workers, where they cannot find them locally.

The Minister for Immigration and Citizenship has asked the Department to put in place formal arrangements for the fast-tracking of applications from those employers who have a strong and demonstrated record of complying with the Subclass 457 visa programme.

How will fast tracking arrangements work?

The arrangements will reward employers who have a strong and demonstrated record of complying with the Subclass 457 programme, by priority processing their applications, helping to streamline access to skilled workers.

Further details of how fast-tracking arrangements will operate are yet to be finalised.

New Sponsor Sanctions

Why are the enhanced sponsor sanctions being introduced?

The enhanced sponsor sanctions are being introduced to encourage greater levels of compliance by sponsors of their obligations under the 457 visa programme.

What penalties will apply to sponsors who breach obligations?

The Minister’s media release says that new civil penalties will apply for those employers who commit the most serious offences.

What will the penalties be and when will they apply?

The level and application of penalties is currently being developed in consultation with other relevant government agencies.

What obligations will employers have to meet?

The obligations include a requirement for the sponsor to pay a minimum salary and not to use workers in unskilled positions.