【关于457签证的22个Recommendations 重点摘要】

2014年09月11日 澳大利亚通途教育移民




为了方便大家了解,通途教育移民特把重点摘要如下:


Recommendation 1 a new tripartiteministerial advisory council 建立一个新的三方部长顾问委员会


Recommendation 2the current legislativerequirement for labour market testing be abolished废除当前劳动力市场测试


Recommendation 3recommend additionalrequirements or limitations on occupations and/or regions.增加额外的职业或者区域


Recommendation 4Market Salary Rate (currentlyat $180 000) 市场工资率当前维持在$180,000


Recommendation 5: That the current Temporary Skilled Migration Income Thresholdbe retained at $53 900 工资标准仍保留维持在$53,900


Recommendation 6Training benchmarks 新的培训标准


Recommendation 7Englishlanguage requirement—

That theEnglish language requirement be amended to an average score.英语语言要求,由之前的4个5,改为均分5分

That insteadof the current exemption which requires five years continuous study, five yearscumulative study be accepted. 连续5年学业豁免雅思改为累计5年学业即可豁免雅思


Recommendation 8 Genuine positionrequirement 一定要满足针对的职位评估要求


Recommendation 9 Skills assessments 职业评估要求-- That the government should explore how skillsassessments could more appropriatelyrecognise a visa applicant's experience. 政府应该探索技能评估可以更适当地承认签证申请人的经验。


Recommendation 10 Sponsorship 雇主担保-- That Standard Business Sponsors should beapproved for five years and start-up business sponsors for 18 months 雇主担保有效期为5年和开业18个月以上的生意


Recommendation 11Fees收费--That the government should review the feestructure, especially for secondary visa applicants and visa renewalapplications.政府应该调整收费结构,尤其是第二次或者续签的申请


Recommendation 12-14 关于雇主与457申请人,需要签订完整的雇佣合同创建新的457签证简化处理A streamlined approach,使其更完整性,精简,劳工协议Labour Agreements并不适合457签证计划


Recommendation 15Pathways to permanent residence 申请PR-- That 457 visa holdersbe required to work for at least two years in Australia before transitioning tothe Employer Nomination Scheme or Regional Sponsored Migration Scheme, and that consideration be given to the amount of timerequired with a nominating employer being at least one year.457签证申请PR的时候,需要在担保雇主下工作至少1年的时间


Recommendation 16-22 都是关于针对移民局工作的,其内容主要包括了帮助雇主理解和遵守其义务,加强监管机制,确保资讯能够有效的利用,加强跨部门的合作,发挥监察专员的作用等


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具体原文如下:


At aNational Press Club lunch today, the Minister for Immigration and BorderProtection, the Hon Scott Morrison, has discussed the Government’s response tothe just released report by the panel conducting the Independent Reviewinto Integrity in the Subclass 457 programme.

The reviewreport, Robust NewFoundations: A Streamlined, Transparent and Responsive System for the 457Programme, isavailable on the Department of Immigration and Border Protection’s website.

TheMinister praised the report for its “balanced and measured” 22 recommendations.

Minister Morrison did not give any details of theimplementation date for the recommendations, but said that the Government willgive a detailed response “in the weeks and months ahead”.

The MIAwill inform members of further details as soon as they become available.

Report Recommendations

Recommendation 1 – Core solutions

1.1 That,in lieu of the existing Ministerial Advisory Council on Skilled Migration, a new tripartite ministerial advisory council, which is not necessarily prescribed inlegislation, be establishedto report to government on skilled migration issues.

1.2 Thatthe new ministerial advisory council be supported by a dedicated labour marketanalysis resource.

Recommendation 2 – Core solutions

2.Acknowledging that, as the OECD has pointed out, employer-conducted labour market testing is not “fully reliable”,and in the Australian context has proven ineffective, that the current legislative requirement for labour markettesting be abolished.

Recommendation3 - Core solutions

3.1 Thatthe Consolidated Sponsored Occupations List be retained as a list of occupations which are at Skill Level 3and above, and that the Consolidated Sponsored

OccupationsList should be able to be amended by two means: first, the addition of skilled occupationswhich can be shown to exist in the community but which may not be on the ANZSCOlist; and second, the refinement of the Consolidated Sponsored Occupations Listin cases where there may be integrity or appropriateness concerns. Anyoccupations not on the list, which are usually referred to as semi-skilled, maybe addressed as part of the Labour Agreement regime.

3.2 Thatthe new ministerial advisory council provide advice on those occupations where some concern exists and recommendadditional requirements or limitations on occupations and/or regions.

Recommendation4 - Market Salary Rate

4. Thatthe market rate framework continue to operate as a core component of the 457 programme, but that the earningsthreshold above which there is an exemption from the need to demonstrate the market rate should be aligned with theincome level above which the top marginal taxrate is paid (currently at $180 000).

Recommendation5 - Temporary Skilled Migration Income Threshold

5.1 Whilethere is an argument for abolishing the Temporary Skilled Migration Income Threshold, that it nevertheless beretained to allow for streamlining within the wider programme, and that concessions to the Temporary SkilledMigration Income Threshold be afforded underLabour Agreements, Enterprise Migration Agreements and Designated Area Migration Agreements, as appropriate.

5.2 That thecurrent Temporary Skilled Migration Income Threshold be retained at $53 900p.a. but that it not undergo any further increases until it is reviewed withintwo years.

5.3 Thatthe two roles currently performed by the Temporary Skilled Migration Income Threshold (that is, acting as adetermination of the eligibility of occupations for access to the scheme and as an income floor) be more clearly articulatedin the 457 programme, and that considerationbe given to accepting the eligibility threshold as up to 10 per cent lower thanthe Temporary Skilled Migration Income Threshold.

5.4 Thatthe government give further consideration to a regional concession to the Temporary Skilled Migration Income Threshold,but only in limited circumstances where evidenceclearly supports such concession.

5.5 Thatin circumstances where the base rate of pay is below the Temporary Skilled MigrationIncome Threshold, the current flexible approach adopted by the department, taking into account guaranteed annualearnings to arrive at a rate that meets the minimum requirement of Temporary Skilled Migration Income Thresholdbe continued and made more visible to users ofthe programme and their professional advisors.

Recommendation6 - Training benchmarks

6.1 Thatthe current training benchmarks be replaced by an annual training fund contribution based on each 457 visaholder sponsored, with the contributions scaled accordingto size of business.

6.2 Thatany funding raised by way of a training contribution from sponsors of 457 visa holders be invested in:

a)training and support initiatives, including job readiness, life skills, andoutreach programmes fordisengaged groups, particularly youth who have fallen out of the school system;

b)programmes allowing employers to take on apprentices/trainees from targetgroups, including IndigenousAustralians and those in rural and regional areas;

c)mentoring programmes and training scholarships aimed at providing upskilling opportunities within the vocationaltraining and higher education sectors that addresscritical skills gaps in the current Australian workforce. Target sectorsinclude those industries, such as nursing andthe IT sector, that rely heavily on 457 workers; and,

d) trainingand support initiatives for sectors of critical national priority. Targetsectors include industriesexperiencing significant increase in labour demands, such as the aged care and disability care sectors.

6.3 Thatfunds raised through the training contribution be dedicated to this trainingrole and that the governmentreports annually on how these monies are spent by the Department of Industry.

6.4 Thatthere be a new sponsor obligation to ensure that the cost to the sponsor of the training contribution cannot be passedonto a 457 visa holder or third party.

Recommendation7 - English language requirement

7.1 Thatthe English language requirement be amended to an average score.

Forexample, in relation to International English Language Testing System, the 457applicant should have anaverage of 5 across the four competencies (or the equivalent for an alternative English language testing provider).

7.2 Thatgreater flexibility be provided for industries or businesses to seekconcessions to the Englishlanguage requirement for certain occupations on a case by case basis, orunder a Labour Agreement, Enterprise MigrationAgreement or Designated Area Migration Agreement,as appropriate.

7.3 Thatconsideration be given to alternative English language test providers.

7.4 Thatconsideration be given to expanding the list of nationalities that are exempt from the need to demonstrate they meetthe English language requirement.

7.5 Thatinstead of the current exemption which requires five years continuous study, five years cumulative study be accepted.

Recommendation8 - Genuine position requirement

8.1 Thatthere be targeted training for decision-makers in relation to the assessment of the genuine position requirement.

8.2 Thatbefore decision-makers refuse a nomination on the basis of the genuine position requirement, the sponsor beinvited to provide further information to the decision-maker.

Recommendation9 - Skills assessments

9. Thatthe government should explore how skills assessments could more appropriately recognise a visaapplicant's experience.

Recommendation10 - Sponsorship

10.1 ThatStandard Business Sponsors should be approved for five years and start-up business sponsors for 18 months.

10.2 Thatas part of the government’s deregulation agenda, the department should develop a simplified process for sponsorrenewal.

10.3 Thatthe department consider combining as many sponsorship classes as possible.

10.4 Thatwhen more detailed information is available, the department should investigate the alignment of overseas business andLabour Agreement sponsorship periods with the generalStandard Business Sponsorship approval period.

10.5 Thatthe timeframe for the sponsor to notify the department of notifiable events as set out in legislation should be extendedto 28 days after the event has occurred.

10.6 Thatthe department should explore options that would enable the enforcement of the attestation relating tonon-discriminatory employment practices.

10.7 Thatit be made unlawful for a sponsor to be paid by visa applicants for a migration outcome, and that this be reinforced by arobust penalty and conviction framework.

Recommendation11 - Fees

11. Thatthe government should review the fee structure, especially for secondary visa applicants and visa renewal applications.

Recommendation12 - Information provision

12.1 Thatsponsors be required to include as part of the signed employment contract:

a) asummary of visa holder rights prepared by the department; and,

b) theFair Work Ombudsman’s Fair Work Information Statement.

12.2 Thatimprovements be made to both the accessibility and content on the department’s website specific to 457 visaholder rights and obligations, and utilising the department’s significant online presence more effectively to educate 457visa holders on their rights in Australia.

Recommendation13 A streamlined approach

13.1 Thatconsideration be given to creating streamlined processing within the existing

457programme as a deregulatory measure. To maintain programme integrity,streamlining should be built around risk factors including business size,occupation, salary and sponsor behaviour.

13.2 Thatshould the recommended nomination and visa streamlining outlined in this reportbe implemented, the department should investigate a redefined accreditedsponsor system. Currentaccredited sponsors should retain their priority processing benefits untiltheir sponsorship ceases; however, no furthersponsors should be afforded accredited statusuntil a new system is implemented.

Recommendation14 - Labour Agreements

14.1 ThatLabour Agreement negotiation times be significantly improved to enable a demand-driven and responsive pathway fortemporary migration, where the standard 457programme arrangements are not suitable.

14.2 Thatto enable the Labour Agreement pathway to be more open and accessible for additional industry sectors,consideration be given to the development of other template agreements that will address temporary local labourshortages in industries of need.

Recommendation15 - Pathways to permanent residence

15.1 That457 visa holders be required to work for at least two years in Australiabefore transitioning to theEmployer Nomination Scheme or Regional Sponsored Migration Scheme, and that consideration be given to the amount oftime required with a nominating employer beingat least one year.

15.2 Thatconsideration be given to reviewing the age restriction on those 457 visa holders transitioning to the EmployerNomination Scheme or Regional Sponsored Migration Scheme.

15.3 Thatconsideration be given to facilitating access for partners of primary sponsored 457 visa holders to secure permanentresidence under the Temporary Residence Transition stream.

Recommendation16 - Role of education

16. Thatconsideration be given to the allocation of more resources to programmes aimed at helping sponsors understand andcomply with their obligations, whether those programmesare delivered directly to sponsors or through the migration advice profession.

Recommendation17 - Monitoring

17. Thatgreater priority be given to monitoring, and that the department continue to enhance its compliance model to ensurethose resources are applied efficiently and effectively.

Recommendation18 - Inter-agency cooperation

18.1 Thatthere be greater collaboration between the department and the Australian Taxation Office to uphold integritywithin the 457 programme and minimise the burden on employers.

18.2 Thata change to 457 visa conditions be introduced to place an obligation on thevisa holder to provide thedepartment with their Australian tax file number.

Recommendation19 - Fair Work Ombudsman

19.1 Thatthe Fair Work Ombudsman’s current complementary role in monitoring compliance and referral of findings tothe department for action should continue.

19.2 Thatthe department should provide information in real time that is both current and in a format compatible with that of theFair Work Ombudsman..

Recommendation20 - Fair Work Commission

20.1 Thatthe department monitor decisions of the Fair Work Commission, so as to determine if sponsors have breachedobligations or provided false and misleading information

20.2 Thatthe department require sponsors, when lodging a new nomination application to certify that there has been no changeto the information provided to the department in relation to whether the business or an associated entity has beensubject to "adverse information" asthat term is defined in the legislation.

Recommendation21 - Sanctions

21.1 Thatdedicated resourcing be made available to the department to enable the investigation and prosecution of civilpenalty applications and court orders.

21.2 Thatthe department disclose greater information on its sanction actions and communicate this directly to all sponsorsand the migration advice profession as well as placinginformation on the website.

Recommendation22 - Systems enhancements

22. Thatthe department investigate the feasibility of system improvements that facilitate greater linkages withinformation held by other government agencies.


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