Key terms:  457 visa – labour agreement – employer sponsored visas – migration policy changes

The Fast Food Industry Labour Agreement established in 2012 has been scrapped by Immigration Minister Peter Dutton. This will result in significant reductions of 457 skilled visas issued to fast food businesses. More than 500 skilled worker visas were approved for fast food businesses over the past four years.

The 457 visa programme has been under the microscope of the Federal Government ever since the reported visa abuse of 7-11 workers. In our earlier article we talked about the possible scrutiny of specific industries for the employer sponsored visa programme, which includes:

• the 457 visa
• the Employer Nomination Scheme ENS subclass 186 visa
• the Regional Sponsored Migration Scheme RSMS subclass 187 visa

We believe that there will be ongoing changes to the employer sponsored visa programme specific to a few industries such as hospitality (Café or Restaurant Managers) and low-level generic occupations such as Customer Service Managers and Project or Program Administrators.

Welcome to 2017! It was a year full of changes for Australia’s migration policies in 2016. Here is our recap of the significant changes to the migration programme for Australia in 2016 and some of the discussions and ongoing developments for 2017.

The Immigration News in 2016 has been dominated by employer scandals and crackdowns by the Department of Immigration and Border Protection (DIBP).

While it may all sound like doom and gloom, the planning levels for permanent visas continue to be significant. 

The numbers of Australian permanent visas that are granted each year are controlled by planning levels. 

I am going to make comments below about news in relation to a wide range of visas including business, skilled, visitor and family visas.

Work Visa Lawyers has been in touch with an employer who is looking for an experienced motor mechanic to join his business. Please find details about the opening below:

• at least 6 years experience required (work references essential)
• Australian qualification Cert III or Cert IV or equivalent
• able to complete a TRA Migration Skills Assessment
• better than functional English ability

The position is located in regional South Australia and the employer is willing to sponsor under a 457 visa arrangement.

If you think that you meet the requirements above please email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will provide you with the employer's contact details. You will then need to contact the employer directly and undergo a standard interview process with the employer.

Work Visa Lawyers does not guarantee an employment or visa outcome with regards to this job opening.

Good luck!

In an earlier blog published in June this year, it was mentioned that the Department of Immigration and Border Protection (DIBP) has been getting tougher in relation to the processing of visa applications and monitoring of granted visas. Six months later the trend seems to be continuing where the DIBP is looking to tighten policies surrounding the Australian visa programme.

Changes to the Occupation Lists – Skilled Occupation List (SOL), Consolidated Skilled Occupation List (CSOL), Regional Sponsored Migration Scheme (RSMS) Occupation List, 457 visa occupation list

There has been recent talk about possible changes to the Skilled Occupation List (SOL) with a suggestion that 52 occupations will be removed. The occupations reportedly under scrutiny include:

• Production Manager (Mining)
• Accountant (General)
• Management Accountant
• Taxation Accountant
• Actuary
• Land Economist
• Valuer
• Ship’s Engineer
• Ship’s Master
• Ship’s Officer
• Surveyor
• Cartographer
• Other Spatial Scientist
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Quantity Surveyor
• Structural Engineer
• Transport Engineer
• Electronics Engineer
• Industrial Engineer
• Mechanical Engineer
• Production or Plant Engineer
• Aeronautical Engineer
• Agricultural Engineer
• Biomedical Engineer
• Engineering Technologist
• Environmental Engineer
• Naval Architect
• Medical Laboratory Scientist
• Veterinarian
• Medical Diagnostic Radiographer
• Medical Radiation Therapist
• Occupational Therapist
• Podiatrist
• Speech Pathologist
• General Practitioner
• Anaesthetist
• Cardiologist
• Endocrinologist
• Gastroenterologist
• Intensive Care Specialist
• Paediatrician
• Obstetrician and Gynaecologist
• Medical Practitioners (nec)
• Barrister
• Solicitor
• Psychotherapist
• Psychologists (nec)
• Chef
• Boat Builder and Repairer
• Shipwright

Source: SBS

While these occupations are flagged for removal there is no certainty that they will be removed. However with the current trend of tightening the door on migration to Australia, prospective visa applicants are urged to submit an application as soon as possible to avoid any negative impact policy changes.

What does it mean if my occupation is removed from the SOL?

When your occupation is removed from the SOL it means that you will be unable to apply under the Skilled Independent subclass 189 visa or the Skilled Regional Sponsored (Relative) subclass 489 pathways. Instead you will need to apply via the Skilled Nominated subclass 190 or the Skilled Regional Sponsored (State/Territory) subclass 489 visa pathways. This is assuming that your occupation is on the CSOL and relevant Australian state/territory occupation lists.

What about the CSOL and RSMS occupation lists?

DIBP may also make changes to the CSOL and RSMS occupation list. However it may not come as a surprise if changes are made, especially since the DIBP has been adopting a closing-the-door mentality to the migration programme.

Changes to the 457 visa occupation list

The Minister for Immigration Peter Dutton recently spoke to the media and mentioned that the 457 visa occupation list will be “condensed”, signalling a potential shortening of the list and removal of some occupations. Although the occupations to be removed have not been specified, occupations which have been monitored heavily by the DIBP such as Café and Restaurant Manager, Chef, etc. may be likely to be removed from the 457 occupation list. Read our previous blog on the topic here.

Leaked discussion papers indicate a possibility of universal two-stage visas for migrants to Australia

On 30 November 2016 media reported a leaked Cabinet document which discusses the probability of a universal two-stage visa process for all migrants looking to migrate to Australia. This means that all migrants will have to undergo a provisional visa stage before being granted a permanent visa.

While it is stated that the cause for such a change is to ensure migrants are able to assimilate and adapt to the Australian way of life, the Department of Social Services have indicated a fear of creating social divisions between Australians and migrants.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

There are currently a large number of visas where applicants obtain permanent residency immediately upon visa grant. These visas include the subclass 189 Skilled Independent visa, the subclass 190 Skilled Nominated Visa, the subclass 187 RSMS visa, the subclass 186 Employer Nomination Scheme (ENS) visa, the subclass 143 Contributory Parent visa, the subclass 858 and subclass 124 Distinguished Talent visa and the subclass 132 Business Talent visa. The proposed changes will enforce a provisional visa stage for the visa applicants above. This means a delay in Medicare eligibility, and possibly the need to pay international student fees for school-age children. Essentially the attractiveness of the visas is reduced.

From a migration perspective this means that migrants may be facing checks at three separate stages. Migrants will be assessed at:

• the initial visa application stage
• the provisional visa to permanent visa application stage
• the permanent visa to citizen stage

During the application stages above it provides the DIBP an opportunity to conduct checks on a migrant and their suitability for further stay in Australia. With the increasing emphasis of s501 – Character and PIC 4020 – Bogus and Misleading Information, migrants will need to be very careful to ensure all documents and information submitted to the DIBP are accurate and genuine.

Section 501 of the Migration Act 1958 – Visa cancellation powers

Section 501 part (3A) of the Migration Act allows the Minister of Immigration to cancel provisional and permanent visas when a visa holder fails the “character test”. This would apply to provisional and permanent visa holders who:

• are charged with a sexual offence involving a child;
• have a substantial criminal record, which includes:
  • receiving a death sentence
  • receiving a sentence of life imprisonment
  • sentenced to a term of imprisonment of 12 months or more (can be cumulative)
  • plead of insanity and detainment in a facility or institution
  • not being fit to plead, but found guilty of an offence and detailed in a facility or institution

The application of such powers was evidently demonstrated when convicted bikies and other charged criminal offenders had their visas cancelled and were forced to leave Australia.

It is expected that the DIBP will continue to utilise this cancellation power to remove visa holders who are of negative influence or character. The DIBP will be checking on visa holders at the visa and citizenship application stages, as mentioned in the earlier paragraph.

Sources:

http://www.sbs.com.au/yourlanguage/punjabi/en/article/2016/11/21/52-jobs-may-get-removed-skilled-occupation-list

http://www.smh.com.au/federal-politics/political-news/leaked-cabinet-papers-warn-secret-visa-overhaul-would-create-twotier-society-increase-violent-extremism-20161129-gt0h7s.html

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The trend in policy changes from the DIBP is that the doors are closing. There have been knee-jerk reactions to the 457 visa abuse reported earlier in the year and thus the DIBP is taking a tough stance to all visa applications and compliance with visa and sponsorship obligations. In fact Australia was recently mentioned in a travel article to be one of the toughest customs and immigration authorities in the world.

The current DIBP mentality also means that visa applicants and sponsors should not think that they are safe from scrutiny once a visa application is complete. There have been increasing reports of compliance monitoring for sponsored work visas, especially in the hospitality industry. Provisional and permanent visa holders are also subject to monitoring as mentioned in the section 501 write-up above.

These policy discussions and changes indicate a “closing-the-door” trend and are in stark contrast to Canada, a country similar to Australia in terms of geography (large land mass but concentrated population in a few areas) and economy. Just yesterday the Canadian government announced a new Global Skills Strategy programme which will target highly skilled migrants and encourage them to move to Canada. If Australia continues to tighten its migration policies, we will be losing out in terms of attracting skilled and highly qualified professionals from overseas, which will help in boosting the Australian economy, innovation and cushion the effect of our aging population.

This information is accurate on 2 December 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

457 visa occupation list to be cut – surge in 457 visa applications likely in short term  

The Minister has said the 457 visa occupations list will be ‘condensed’ - which means cut or reduced.

The Minister for Immigration Peter Dutton has been reported to have said on Sunday 20 November when speaking to Sky News:

"We are having a look at it right now and I think it will be condensed," (Herald Sun, 19 November 2016)

In the interview, Minister Dutton  acknowledges that there are shortages in regional areas for occupations which do not have such shortgages in larger cities.  He states:

"So it is a different picture across the country and we need to respond accordingly. That is the nuance that we try and provide for, but I think the list at the moment is expansive and I think we will condense it and that work has already been under way for sometime and we will have a look at that very soon." (Herald Sun, 19 November 2016)

This comment follows on from comments last week which included a press release about the changing of condition 8107 to allow less time for 457 holders who lose their job.  In the press release on the 16 November 2016, Minister Peter Dutton’s office states the following:

“The Subclass 457 programme was not effectively managed by Labor, as with so many other areas of government

“Labor’s mismanagement saw the Subclass 457 program grow from around 68,000 primary visa holders at the end of June 2010 to more than 110,000 when they were removed from office. 

In comparison, under the Coalition the number of 457 visa holders in Australia has fallen by around 13,000, while over the same period almost half a million new jobs have been created for Australian workers”

With the Minister making such strong statements on the 457, you can be confident that change is on the way.

How will the condensing of the list take place?

The current system is that all occupations on the Consolidated Skilled Occupation List ( the CSOL) are available for 457 visa applications.

The CSOL is also the reference point for General Skilled Migration visas including the 190  and 489 visa.

It may be that the Minister will specify a new list under Regulation 2.72(10)(aa), which will be narrower than the current CSOL list.  This could effectively create a list that is narrower than the CSOL and is just for the 457 visa.

Lodging 457 visas before the list is cut may be something to consider for some businesses

When the list is cut, then it will be impossible to lodge visas for occupations that have been removed.  At the moment we do not know what occupation will be removed.   But it may be that businesses choose to lodge their 457 visas soon, to avoid missing out on being able to.  

In situations where there have been similar changes to criteria, such as raising the English standards for the RSMS 187, there was a very large surge in applications.  

457 visas in the news this week includes:

There seems to have been more press about 457 in the last week than there was in the last six months.

Several politicians have made statements about the need to cut 457s:

http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx

http://www.heraldsun.com.au/business/work/crackdown-on-457-visas-to-benefit-australian-jobseekers/news-story/271e8f7a7263ee54d966e6bea47f6d49

http://www.abc.net.au/news/2016-11-15/george-christensen-demands-457-visas-rethink-for-his-electorate/8026934

https://www.theguardian.com/australia-news/2016/nov/15/bill-shorten-vows-labor-will-crack-down-on-457-visa-program?CMP=share_btn_tw

Commentary on the 457 visa has included:

http://www.couriermail.com.au/news/opinion/opinion-playing-to-fears-over-457-visas-bad-in-any-language/news-story/17d0258adc3cf1a725737ab891ff170b

http://www.smh.com.au/federal-politics/federal-election-2016-opinion/pressuring-foreign-workers-the-wrong-way-to-reform-457-visas-peter-mares-20161117-gsrpy6.html

Time of Writing:

This information is accurate on the 19 November 2016.

Sources:

457 occupation list to be 'condensed', says Immigration Minister Peter Dutton, Amy Remeikis, 20 November 2016

http://www.smh.com.au/federal-politics/political-news/457-occupation-list-to-be-condensed-says-immigration-minister-peter-dutton-20161120-gst9wg.html

Upcoming change to the subclass 457 visa, Wednesday, 16 November 2016

http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx

Fact check: Are there 'over a million 457s' in Australia?http://www.abc.net.au/news/2016-06-02/fact-check-are-there-over-a-million-457s-out-there/7463706

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or  This email address is being protected from spambots. You need JavaScript enabled to view it.