INSZoom Immigration Conference 2016 - Australia Immigration
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The document discusses recent changes and proposed reforms to Australia's temporary visa programs, including reforms to the Subclass 457 visa aimed at streamlining the application process for employers and implementing new accredited sponsorship criteria. It also outlines new visa subclasses that will replace existing temporary visas and notes changes such as tuition fees for dependents of 457 holders attending public schools in Australia.
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INSZoom Immigration Conference 2016 - Australia Immigration
- 3. 3 Premium sponsor Gold sponsor Exhibitors INDIA CONTINUES TO BE THE LARGEST SOURCE OF MIGRANTS TO AUSTRALIA 40,145 INDIA MIGRANT STATS 21.2% OUTCOME 34,874 PLACES PLACES 2015-2016 2014-2015 18.4% OUTCOME 29,008 CHINA MIGRANT STATS 15.3% OUTCOME 27,872 PLACES PLACES 2015-2016 2014-2015 14.7% OUTCOME 18,950 UK MIGRANT STATS 10.0% OUTCOME 21,078 PLACES PLACES 2015-2016 2014-2015 11.1% OUTCOME
- 4. 4 Premium sponsor Gold sponsor Exhibitors BIOMETRIC ACT UPDATE February 16, 2016 - All individuals entering Australia, including both Australian citizens and non-citizens, will be subject to the provisions of the Biometrics Act. BIOMETRICS ACT Authorities have discretionary power to collect one or more personal identifiers. PERSONAL IDENTIFIERS Authorities may request to collect personal identifiers from minors and incompetent persons without consent and without presence of a guardian. Gives permission to the Minister or an immigration officer to notify of biometric requirements orally, in writing or via email. NON-CONSENSUAL COLLECTION BIOMETRIC NOTIFICATION
- 5. 5 Premium sponsor Gold sponsor Exhibitors SUBCLASS 457: STREAMLINED APPLICATION PROCESS Bans employers from engaging indiscriminatory recruitment practices Requires visa applicants to input details of a nomination by a sponsor when submitting online visa applications Cease English language proficiency requirement April 2016: New legislation implemented to streamline 457 application process:
- 6. 6 Premium sponsor Gold sponsor Exhibitors CHANGES TO SUBCLASS 457 ACCREDITED SPONSORSHIP SCHEME July 1, 2016 - Department of Immigration and Border Protection implemented changes to the subclass 457 visa Accredited Sponsorship criteria. Subclass 457 visa are eligible to apply to become Accredited Sponsors a) Benefits - longer periods of sponsorship approval (six years) b) All nomination and visa applications receiving priority processing. Existing sponsors should lodge a sponsorship application seeking to be considered for sponsorship accreditation.
- 7. 7 Premium sponsor Gold sponsor Exhibitors CHANGES TO 457 ACCREDITED SPONSORSHIP SCHEME Employer must have been an active sponsor for at least 3 years with no adverse warnings ACTIVE SPONSOR Number of sponsored 457 primary visa holders has been lowered to 10 in a 24 month period (previously 30 in a 12 month period) PRIMARY SPONSOR WORK FORCE REQUIREMENTS At least 75% of the employer’s workforce must be Australian nationals All 457 visa holders should be employed under a direct written contract of employment that meets national Employment Standards EMPLOYMENT STANDARDS Australian employees must be paid in accordance with an Enterprise Agreement or an internal salary banding structure that reflects current market salary rates Qualifying Criteria for Accredited Sponsorship: MARKET SALARY RATES
- 8. 8 Premium sponsor Gold sponsor Exhibitors CHANGES TO SUBCLASS 457 ACCREDITEDSPONSORSHIP SCHEME Nomination applications lodged by sponsors that are approved for accredited status will be prioritized and further streamlined processing if the base salary of the nominee is equal to or higher than The Fair Work High Income Threshold ($136,700 at July 1, 2015) and the occupation is classified at ANZSCO Skill Level 1 or 2; $75,000 and the occupation is classified as ANZSCO Skill Level 1 or 2, with the exception of the certain occupations NOMINATION APPLICATION INCOME THRESHOLD ANZSCO SKILL LEVEL
- 9. 9 Premium sponsor Gold sponsor Exhibitors PROPOSED TEMPORARY VISA FRAMEWORK TO SIMPLIFY APPLICATION PROCESS Beginning November 19, 2016, the following visas will be closed to new applications: Temporary Work (Long Stay Activity) visa SUBCLASS 401 Training and Research visa SUBCLASS 402 Special Program visa SUBCLASS 416 Temporary Work (Entertainment) visa SUBCLASS 420 Super Yacht Crew visa SUBCLASS 488
- 10. 10 Premium sponsor Gold sponsor Exhibitors Subclass 400 Temporary Work (Short Stay Specialist) Visa • For short term-highly specialized, non-ongoing work • May participate in activity or work relating to Australia’s interests Subclass 403 Temporary Work (International Relations) Visa • Bilateral agreement, represent a foreign government, teach foreign language in Australian school, diplomatic work, or participate in Seasonal Worker Programme • Nomination and sponsorship is required Subclass 407 Training Visa • Train or participate in a classroom based professional activity • Nomination and sponsorship is required Subclass 408 Temporary Activity Visa • Foreign nationals may use this option for work in the entertainment industry, • Nomination is not required; • Sponsorship is not required if applied outside of Australia and the intended stay is for less than 3 months; • Sponsorship is required if applied outside of Australia and the intended stay is for more than 3 months or applied within Australia, regardless of the length of intended stay. AUSTRALIA: NEW VISA SUBCLASSES
- 11. 11 Premium sponsor Gold sponsor Exhibitors TUITION FEE FOR SCHOOL AGED DEPENDENTS OF 457 HOLDERS $5,100 Per student PRIMARY SCHOOL $6,100 Per student HIGH SCHOOL (AUS) (AUS) The annual contributions, beginning in January 2017 are: January 1, 2017: S. Australian Government will implement tuition fee for families whose children attend public schools in the S. Australian territory. The tuition fee will extend to all subclass 457 Visa holders beginning January 1, 2018. A family that does not make a combined annual income of at least AUS$57,000 are exempt from paying the contribution fee.
Editor's Notes
- Source - https://www.border.gov.au/ReportsandPublications/Documents/statistics/2014-15-Migration-Programme-Report.pdf
- February 16, 2016 - all individuals entering Australia, including both Australian citizens and non-citizens, will be subject to the provisions of the Biometrics Act. The Biometrics Act establishes the following stipulations: Offer authorities the discretionary power to collect one or more personal identifiers from both Australian citizens and non-citizens at the border for migration purposes; Grant authorities flexibility as to the types of personal identifiers they may require depending on the circumstances; Authorities may request to collect personal identifiers from minors and incompetent persons without their consent and without the presence of a guardian; Personal identifiers may be collected by an identification test or by using other methods prescribed by immigration authorities (e.g. live fingerprint scans); and Gives permission to the Minister or an immigration officer to notify of biometric requirements orally, in writing or via email.
- The Australian government recently implemented a new legislation which makes numerous changes to the Subclass 457 visa program. These policy changes are a reflection of the government’s overall goals that aim to streamline the visa application process and protect the local workforce in Australia. Banning employers from engaging in discriminatory recruitment practices to ensure the Subclass 457 visa program is not being misused. Employers who do not comply with this new rule may be subject to fines; Requiring visa applicants to input the details of a nomination by a sponsor or proposed sponsor when submitting online visa applications in order to streamline the overall processing of Subclass 457 visa applications; and Cease the English language proficiency requirement for Subclass 457 visa applicants who are already required to prove such proficiency to obtain occupational registration or licensing.
- July 1, 2016 - Department of Immigration and Border Protection (DIBP) implemented changes to the subclass 457 visa Accredited Sponsorship criteria. Subclass 457 visa sponsors with a long history of good dealings with DIBP are eligible to apply to become Accredited Sponsors. Benefits - longer periods of sponsorship approval (six years) and all nomination and visa applications receiving priority processing. Existing sponsors who meet the new qualifying criteria, as of July 1, for accreditation should lodge a sponsorship variation application seeking to be considered for sponsorship accreditation.
- The employer must have been an active sponsor for at least three years (with no more than a six month break in the past 36 months), with no adverse information (based on monitoring, including formal warnings and sanctions); The number of sponsored 457 primary visa holders has been lowered substantially to 10 in a 24 month period (previously 30 in a 12 month period); At least 75% of the employer’s workforce must be Australian nationals; All 457 visa holders to be employed under a direct written contract of employment that meets the National Employment Standards (as opposed to on-hire arrangements); All Australian employees must be paid in accordance with an Enterprise Agreement or an internal salary banding structure that reflects current market salary rates Existing sponsors who meet the new qualifying criteria for accreditation should lodge a sponsorship variation application seeking to be considered for sponsorship accreditation from July 1, 2016. Companies that have already obtained accreditation should apply for an upgrade to their sponsorship accreditation from July 1, 2016 to gain the new benefits.
- Nomination applications lodged by sponsors that are approved for accredited status after July 1, 2016 will be prioritized and further streamlined processing given to applications where the base salary of the nominee is equal to or higher than: 1. the Fair Work High Income Threshold ($136,700 at July 1, 2015) and the occupation is classified at ANZSCO Skill Level 1 or 2; or 2. $75,000 and the occupation is classified as ANZSCO Skill Level 1 or 2, with the exception of the following occupations: Recruitment Consultant; Sales Representative (Industrial Products); Customer Service Manager; Corporate General Manager; Procurement Manager; Quality Assurance Manager; Sales and Marketing Manager; Specialist Manager NEC; Hotel/Motel Manager; Contract Administrator; Information and Organization Professionals NEC.
- The Australian Government has reformed some of its subclasses, replacing of sponsor classes, and removing certain sponsorship and nomination requirements for specific short stay activities, subject to the approval of the Governor-General, to make applying for a temporary visa easier. Applications that are received before November 19, 2016 will be processed under the pre – temporary activity visa framework and will be approved until May 18, 2017, or until the pre-November 19, 2016 sponsorship ceases, whichever is earlier.
- Subclass 400 Temporary Work (Short Stay Specialist) visa Foreign nationals may use this option for short term-highly specialized, non-ongoing work and in some cases, may participate in an activity or work relating to Australia’s interests. Subclass 403 Temporary Work (International Relations) visa Foreign nationals that have a bilateral agreement, represent a foreign government, teach a foreign language in an Australian school, diplomatic work, or to participate in the Seasonal Worker Programme. Nomination and sponsorship is required Subclass 407 Training visa This subclass visa is for people intending to train or participate in a classroom based professional activity; A single sponsorship, the temporary activities sponsor, will soon replace the current sponsorship types: long stay activity, training and research, professional development, entertainment, special programme, and superyacht crew. Nomination and sponsorship is required, regardless of the duration of stay. Paper applications will no longer be accepted for sponsorship of temporary activities after November 19, 2016. Sponsorships will have to be applied for online at ImmiAccount for approval.
- In 2015, the Western Australian Government introduced a tuition fee for families on a 457 Visa (temporary skilled workers) whose children attend public schools in the Western Australian territory. In a similar step, beginning January 1, 2017, the South Australian Government plans to implement a tuition fee for families in Australia with a 457 Visa whose children attend public schools in in the South Australian territory. The tuition fee will extend to all subclass 457 Visa holders beginning January 1, 2018. Families with dependent school aged children attending a government school will soon be obligated to pay an annual contributions. The annual contributions, beginning in January 2017 are: Primary school – AUS$5,100 per student High school – AUS$6,100 per student A family that does not make a combined annual income of at least AUS$57,000 are exempt from paying the contribution fee. The full rate of the contribution fee goes into effect once a families combined annual income is equal or above to AUS$77,000. The combined annual income increases by AUS$10,000 for each additional child. A waiver of the tuition fee contributions is available to families that experience hardship. The waivers are granted in exceptional circumstances but can help families that cannot afford the tuition fees.
- In 2015, the Western Australian Government introduced a tuition fee for families on a 457 Visa (temporary skilled workers) whose children attend public schools in the Western Australian territory. In a similar step, beginning January 1, 2017, the South Australian Government plans to implement a tuition fee for families in Australia with a 457 Visa whose children attend public schools in in the South Australian territory. The tuition fee will extend to all subclass 457 Visa holders beginning January 1, 2018. Families with dependent school aged children attending a government school will soon be obligated to pay an annual contributions. The annual contributions, beginning in January 2017 are: Primary school – AUS$5,100 per student High school – AUS$6,100 per student A family that does not make a combined annual income of at least AUS$57,000 are exempt from paying the contribution fee. The full rate of the contribution fee goes into effect once a families combined annual income is equal or above to AUS$77,000. The combined annual income increases by AUS$10,000 for each additional child. A waiver of the tuition fee contributions is available to families that experience hardship. The waivers are granted in exceptional circumstances but can help families that cannot afford the tuition fees.