New 457 Rules

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New 457 Rules


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Old 11-19-2013, 07:11 AM
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New 457 Rules

Technical and trade occupations are being targeted by DIBP clearly to counter claims of rorting in the 457 visa program.

Effective from 23 November 2013, Business Sponsors will need to provide convincing evidence of their attempts to recruit suitably qualified Australian permanent residents or citizens in certain applications to nominate a candidate for a 457 Visa.

The new requirement will apply mainly to technical and trade occupations.

Essentially, the new requirement, which is known as Labour Market Testing (LMT), requires Business Sponsors to provide DIBP with evidence of advertising for the nominated occupations for at least 4-6 months effectively.

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Old 11-19-2013, 07:43 AM
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I realise it may be too early to know how DIBP will handle different situations, but any idea about expectations for intra-company transfers? My company has hired several employees (myself included) from associated companies from overseas and I wonder if these would be considered an exception from LMT. Most of these employees have had technical knowledge that wouldn't be easily replaced by hiring and training an Australian citizen/PR.


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Old 11-19-2013, 07:56 AM
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Hi Maggie-May24,
DIBP is actually going to release an occupation list. This will determine exemptions. So you will have to watch this space.

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Old 11-19-2013, 08:59 AM
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I can't see how people could claim rorting is occurring since June after these huge drop in applications. Surely this can't be good for those sectors still having a skill shortage!


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Old 11-19-2013, 09:03 AM
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Just what we need after 457 visa number have already dropped!


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Old 11-19-2013, 09:17 AM
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To be honest the 457 visa programme is designed to allow Australian businesses to hire overseas workers when there is a genuine skills shortage and local labour cannot be sourced. Most companies using the programme should already have evidence local recruitment efforts. I do think the DIBP could have looked to solve the problem via other methods though.

There is already exemption information and occupation lists on the DIBP website: Temporary Work (Skilled) visa (subclass 457) under the 'nominate' tab. The DIBP have said this is likely to be amended between now and the 23rd Nov.

Maggie-May, there is also information there regarding nominees currently working for an overseas associated entity. It's overly complicated of course! The LMT will only affect new nominations, if you already hold a 457 visa it won't affect it.

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Old 11-19-2013, 09:22 AM
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Quote:
Originally Posted by grozzy View Post
I can't see how people could claim rorting is occurring since June after these huge drop in applications. Surely this can't be good for those sectors still having a skill shortage!
Grozzy - That probably has more to do with the huge numbers that applied prior to the 1st July. Everyone rushed to get partially completed applications in before the legislation changes and fee increases, so instead of having a consistent number there was a huge spike and then a drop off for the next couple of months.

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Old 11-19-2013, 09:30 AM
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Thanks Adam, I'd seen the new information a few days ago but hadn't read it in great detail and hadn't realised there is information on overseas associated companies. Even though I know existing 457 visa holders like me aren't affected, it's still a bit reassuring to see I would have been exempted given my occupation and the fact that I'm from a WTO country. And it also looks like our overseas transfers are excluded from the occupations that require LMT, although I realise that list and other rules may change in future.


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Old 11-20-2013, 01:45 AM
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LMT to be watered down

PRESS REPORTS indicate the LMT maybe nothing to fuss about.

DIBPs FAQs pages state the sponsors need only show some form of advertising in the previous 12 months, and accept social media ads including Facebook.

The Unions have come out strongly against this:

Australian Manufacturing Workers Union national president Andrew Dettmer said the document watered down obligations in relation to 457 visas. "We have fought to have processes and tests put in place to make sure that employers must first prove that they have seriously and exhaustively tested the local employment market for the skills they need," he said.

"To now have an FAQ document issued by the department that, amongst other matters, says that advertising a vacant position on Facebook is an acceptable form of testing the labour market is a joke. Further, there is no requirement to maintain records of any of this so-called labour market testing."

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Old 11-20-2013, 05:18 AM
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Here's an interesting and useful summary about the 457 visa from the Parliamentary Library for anyone looking for information or statistics.

http://parlinfo.aph.gov.au/parlInfo/...pplication/pdf

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