AUSTRALIAN IMMIGRATION NEWS

Tough new laws strengthen Skilled Temporary Visa

Monday, 30 April 2007

Changes to the controversial Skilled Temporary Visa (subclass 457) which will protect and strengthen the integrity of the 457 visa scheme, have been formally announced by the Australian Government.

The changes that were announced on Thursday, 26 April 2007 and incorporated into the Migration Act, will introduce new civil penalties for employers who breach the law. The changes will also initiate greater powers for the Department of Immigration and Citizenship (DIAC), and the Office of Workplace Services, to investigate employers.

Under the new laws, the Department has introduced severe penalties for employers found to be in breach of the sponsorship conditions. Common offences include failure to pay the minimum salary level and using skilled workers in unskilled jobs.

Previously, employer's in breach of the conditions were merely slapped on the wrist and prohibited from making any further applications. The new changes will act to amplify the seriousness of the breaches and will establish civil penalties under the legislation. This means that a company could face fines if found guilty of abusing the sponsorship conditions.

The changes to the act will also introduce an English language skills requirement for any overseas workers, equivalent to an average score of 4.5 in an IELTS test, or higher if required as part of licensing or registration.

Applicants will be required to detail their English language skills and may also be requested to complete an IELTS test. Over the coming months the Department will continue to discuss the implementation of this requirement with key industry groups.

The new laws will also reward some employers by introducing formal arrangements for the fast-tracking of applications from those employers who have a strong and demonstrated record of complying with the 457 visa programme. These changes will be introduced later this year.

The 457 scheme, which allows employers to hire skilled foreign workers temporarily, is very popular with businesses and the government to address critical skills shortages in Australia.