Employer Sponsored Visa

Major shakeup for the Subclass 400 Visa series

From 19 November 2016, the following visas would be closed to new applications: Subclass 401 Temporary Work (Long Stay Activity) visa Subclass 402 Training and Research visa Subclass 416 Special Program visa Subclass 420 Temporary Work (Entertainment) visa Subclass 488 Superyacht Crew visa. Applications lodged before 19 November 2016 would be processed under pre-19 November 2016 legislation. There would be four new visa subclasses introduced from 19 November 2016: Subclass 400 Temporary Work (Short Stay Specialist) visa Subclass 403 Temporary Work (International Relations) visa Subclass 407 Training visa Subclass 408 Temporary Activity visa. The new framework is designed to make applying for a temporary visa easier. It would reduce red tape for business, industry and individuals by removing sponsorship and nomination requirements for specific short stay activities. Read more here: https://www.border.gov.au/Trav/Work/temporary-activity-visa-changes

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Oil Rig workers need Visas!

Foreign workers on vessels operating in the booming offshore resources industry will be required to obtain visas and receive minimum pay and conditions, after the High Court ruled against the Turnbull government. The much-anticipated judgement, delivered on Wednesday, overturns recent government reforms that have allowed foreign workers on certain vessels to be employed without working visas. The court ruled that Immigration Minister Peter Dutton had acted outside his authority by allowing the exemptions from Australia’s migration zone. Maritime workers say the court victory will help protect local jobs and prevent the exploitation of cheap overseas labour in the $200 billion offshore oil and gas industry. If you are involved in this situation or if you know someone who is working on a Offshore Oil Rig, contact us today to find out what your options are.

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457 visa fees to increase under Labor

Sponsor fees to employ temporary skilled workers from overseas are set to rise if Labor wins the federal election. Workplaces where more than half the workforce is made up of 457 visa holders will pay an extra $1500 for each additional visa if they apply for more temporary workers. The party also wants to beef up labour market testing requirements before firms can take on foreign workers. Originally published as 457 visa fees to increase under Labor.

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Are skilled migrants really taking Australian jobs?

An effective temporary skilled migration program isn’t about taking jobs from locals – it’s about stimulating hospitality businesses and creating opportunities for young Australians, says Tourism Accommodation Australia CEO, Carol Giuseppi. In an ideal world the Australian hospitality industry would attract the majority of its workers from local sources and essentially, ‘grow its own’. That is certainly the priority of Australian hospitality operators, and many have developed outstanding programs to attract, retain and build the careers of their staff, but the spectacular growth in the Australian hospitality sector in recent years has created a serious shortage of skilled workers to fuel current and future expansion. This was emphasised in a Deloitte Access Economics report commissioned by Austrade last year, which identified the need for 123,000 new positions in the tourism industry over the next five years, including some 38,000 chefs and cooks. A recent report in the Daily Telegraph suggested the drought in hospitality workers was because locals aren’t prepared to put in the hard work, but when you have 100 new hotels opening over a period of five years, new convention centres the size and scale of the International Convention Centre in Sydney, and a massive expansion of restaurants, bars and catering services, there was always going to be pressure on the local market to supply the necessary skilled and unskilled labour. Image: www.naplesnews.com Certainly the industry has realised the challenge and has started introducing additional programs to attract new staff to the industry. A pioneering Hotel Career Expo was held in Sydney in May to put the spotlight on the industry and sell its attractions across a wide range of professions, not just traditional restaurant, bar and catering areas, but associated areas such as engineering, accounting, IT, procurement and sales and marketing, which are necessary for all hospitality businesses. Pressures on employment for the hospitality industry are across the board, but it is the regional and remote areas that are particularly struggling to find appropriate staff. This is why Tourism Accommodation Australia (TAA) has been advocating so strongly for a more flexible attitude to temporary skilled migration. There are a number of schemes that allow workers to be brought in from overseas to fill specific gaps in the labour market, the best known being the Temporary Work (Skilled) 457 visa, which allows skilled workers to come to Aust​ralia and work for an approved business for up to four years. For the hospitality sector, experienced chefs and cooks have been in short supply for well over a decade, so in 2013, TAA made a major submission to then Minister for Immigration, Scott Morrison, regarding the need for greater flexibility and support in attracting overseas chefs and cooks. As a result of the tourism and hospitality industry’s advocacy, chefs were added to the Skilled Occupation List, making it easier for businesses to attract chefs from overseas. Encouragingly, the government announced last year that Working Holiday Maker (WHM) visa holders who secure work in certain high demand industries in northern Australia will now be able to remain with their employer for up to 12 months, compared to the usual limit of six months. Further changes have been introduced that will allow Work and Holiday (Subclass 462) visa holders to extend their stay in Australia by a further 12 months if they work for at least three months in agriculture or tourism in northern Australia.   We are strongly advocating for special dispensation for regional areas because of their different economic circumstances compared to cities and we are also arguing that concessions should be granted concerning English language requirement for certain occupations, because while English language skills are important, there are some areas in the hospitality industry where English is not such a priority. Other initiatives that we believe will help hospitality and tourism businesses access skilled labour include: Increase the maximum age for Working Holiday Visas from 30 years to 35 years in recognition of the changes in traveller demographics that have occurred in recent years; Working Holiday Visa holders who meet the criteria for extending their stay by working in a regional area should be able to spend their second six month working stint working in a city-based tourism business; Extend the Working Holiday Visa from 12 to 24 months, with a corresponding increase in the working portion of this from six months to 12 months; A new two year working visa for temporary workers should be created for industries such as hospitality with genuine short-term labour shortages that cannot be addressed by the domestic workforce or through skilled migration; A new graduate visa should be created allowing overseas students to work full-time in Australia for two years after graduating from an Australian tertiary education institution (including hospitality schools); Our industry needs to encourage excellence to compete successfully, and access to temporary skilled labour can play an important role in raising the standards of Australian tourism and hospitality businesses, while increasing long-term opportunities for local workers. (Originally published by The Hospitality Magazine)

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Chinese worker Free Trade Agreement protects Australian jobs

Remember those claims from some trade unions last year that the China-Australia Free Trade Agreement (ChAFTA) would allow Chinese companies to bring in their own workers? Yet according to the Department of Immigration and Border Protection (DIBP), the inflow of Chinese workers has slowed to a trickle. In the first quarter of this year just 545 primary visa applicants from China were granted entry to Australia under the subclass 457 visa scheme. This is the main avenue through which companies access temporary skilled workers from overseas. That compares with 9927 primary applicants from other countries. That is, China only accounts for 5 per cent of the total. More than three times as many workers from the UK were given visas. And get this: the number of Chinese workers granted entry this year is a massive 32 per cent drop on the same period last year when ChAFTA didn’t exist. In contrast, the number of workers from other countries has only fallen by 16 per cent. So it would appear that claims from the Unions are unfounded and not based on facts. Originally article published in the AFR.

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NEW MAJOR changes to Student visas and 457 visas

The Immigration Department has announced some changes to both Student Visas and 457 Visas to be implemented between now and 1 July 2016. The first of these changes were implemented yesterday starting with the the 457 visa process: Visa applicants  are required to to enter the details of a nomination by a sponsor or proposed sponsor when making internet visa applications. The requirement to provide evidence of English language proficiency for the Subclass 457 visa has been removed because applicants already demonstrate such proficiency when obtaining occupational registration or licensing. Both the changes above will apply to applicants who lodge their 457 visa application from the 19 April 2016. Student visas are in for a bigger change after the Immigration Department announced that starting 1 July 2016, Student Visa categories will be cut down to just 2 Subclasses. Currently there are 8 Subclasses for Student Visas ranging from 570-580. The new Subclasses are: Subclass 500 – Student Subclass 590 – Student Guardian The exact details of the new Student Visas are yet to be released and we will keep you updated with the latest information. To find out how this applies to your situation, contact us on (02)8880 0210 or info@affinitymigration.com.au. #student #sc457 #changes #migration

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Changes to the 457 visa

On the 25th of February 2014, the Department of Immigration and Border Protection (DIBP) announced the Independent Review of Integrity in the subclass 457 visa programme. More than twelve months later, it appears the Federal Government is announcing some changes to the 457 skilled visa program, which will help remove some of the rorts and abuse. There were 51 recommendations in total and the majority of these will be adopted by the government over the next twelve months. Below is a summary of what the government has and has not chosen to implement: Labour market testing will stay for now. This means employers are still required to test the local market for suitable employees before sponsoring someone on a 457 visa. The argument against the test is that it is costly, ineffective and does not achieve much. English language test will become more flexible. Applicants will now have to average a score of five across the four components, instead of passing each one. Penalties will be issued for sponsoring workers in exchange for payment. The DIBP will be cross checking pay records with the tax office. A skilled migration ministerial advisory council will be appointed. Money derived from the visa scheme will be used in a more effective way towards training programs for Australians. Businesses all over Australia, including farmers and miners are endorsing these changes and very happy with the outcome. We will provide you with regular updates as the government releases more information around the other recommendations they will be implementing. Click here to read more.

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