通途教育移民刚收到MIA的最新通知：今天,移民部长莫里森讨论了政府应对小组刚刚发布的关于457签证计划的独立审查报告（大家可以在移民和边境保护部门的网站上查到该份报告）。这份评审报告得到了部长的高度称赞，并简要出来22个要点，覆盖了预建立一个新的三方部长顾问委员会，废除当前劳动力市场测试，要求或者限制移民列表内的职业和区域，收入仍保留维持在$53 900，以及关于员工培训和语言要求，雇主担保条件等一系列相关问题。
但是，部长莫里森并没有给出任何关于实施日期的建议细节,但他表示,政府将会在未来几周和几个月给一个详细的回应。我们就一起拭目以待吧！
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具体原文如下：
At a National Press Club lunch today,the Minister for Immigration and Border Protection, the Hon Scott Morrison, hasdiscussed the Government’s response to the just released report by the panelconducting the Independent Review into Integrity in the Subclass 457programme.
The review report, Robust New Foundations: A Streamlined, Transparent andResponsive System for the 457 Programme, is available on the Department ofImmigration and Border Protection’s website.
The Minister praised the report for its“balancedand measured” 22 recommendations.
Minister Morrison did not give any details of the implementationdate for the recommendations, but said that the Government will give a detailedresponse “in the weeks and months ahead”.
The MIA will inform members of furtherdetails as soon as they become available.
ReportRecommendations
Recommendation 1 –Core solutions
1.1 That, in lieu of the existingMinisterial 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 That the new ministerial advisorycouncil be supported by a dedicated labour marketanalysis resource.
Recommendation 2 –Core solutions
2. Acknowledging that, as the OECD haspointed out, employer-conducted labour market testing is not “fully reliable”, and in theAustralian context has proven ineffective, thatthe current legislative requirement for labour market testing be abolished.
Recommendation 3 - Core solutions
3.1 That the Consolidated SponsoredOccupations List be retained as a list of occupations which are at Skill Level 3 and above, and thatthe Consolidated Sponsored
Occupations List should be able to beamended by two means: first, the addition of skilled occupations which can beshown to exist in the community but which may not be on the ANZSCO list; and second,the refinement of the Consolidated Sponsored Occupations List in cases wherethere may be integrity or appropriateness concerns. Any occupations not on thelist, which are usually referred to as semi-skilled, may be addressed as partof the Labour Agreement regime.
3.2 That the new ministerial advisorycouncil provide advice on those occupations where some concern exists and recommend additional requirementsor limitations on occupations and/or regions.
Recommendation 4 - Market SalaryRate
4. That the market rate frameworkcontinue 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 alignedwith the income level above which the topmarginal tax rate is paid (currently at $180 000).
Recommendation 5 - Temporary SkilledMigration Income Threshold
5.1 While there is an argument forabolishing the Temporary Skilled Migration Income Threshold, that it nevertheless be retained to allow forstreamlining within the wider programme, andthat concessions to the Temporary Skilled Migration Income Threshold be afforded under Labour Agreements, Enterprise MigrationAgreements and Designated Area MigrationAgreements, as appropriate.
5.2 That the current Temporary SkilledMigration Income Threshold be retained at $53 900 p.a. but that it not undergoany further increases until it is reviewed within two years.
5.3 That the two roles currentlyperformed by the Temporary Skilled Migration Income Threshold (that is, acting as a determination of theeligibility of occupations for access to the schemeand as an income floor) be more clearly articulated in the 457 programme, andthat consideration be given to accepting theeligibility threshold as up to 10 per cent lower than the Temporary Skilled Migration Income Threshold.
5.4 That the government give furtherconsideration to a regional concession to the Temporary Skilled Migration Income Threshold, but only inlimited circumstances where evidence clearlysupports such concession.
5.5 That in circumstances where thebase rate of pay is below the Temporary Skilled Migration Income Threshold, thecurrent flexible approach adopted by the department, taking into account guaranteed annual earnings to arrive ata rate that meets the minimum requirement ofTemporary Skilled Migration Income Threshold be continued and made more visible to users of the programme and theirprofessional advisors.
Recommendation 6 - Training benchmarks
6.1 That the current trainingbenchmarks be replaced by an annual training fund contribution based on each 457 visa holder sponsored, withthe contributions scaled according to size ofbusiness.
6.2 That any funding raised by way of atraining contribution from sponsors of 457 visa holders be invested in:
a) training and support initiatives,including job readiness, life skills, and outreach programmes for disengaged groups, particularly youth whohave fallen out of the school system;
b) programmes allowing employers totake on apprentices/trainees from target groups, including Indigenous Australians and those in rural andregional areas;
c) mentoring programmes and trainingscholarships aimed at providing upskilling opportunities within the vocational training and highereducation sectors that address critical skillsgaps in the current Australian workforce. Target sectors include those industries, such as nursing and the IT sector, thatrely heavily on 457 workers; and,
d) training and support initiatives forsectors of critical national priority. Target sectors include industries experiencing significant increase inlabour demands, such as the aged care anddisability care sectors.
6.3 That funds raised through thetraining contribution be dedicated to this training role and that the government reports annuallyon how these monies are spent by the Departmentof Industry.
6.4 That there be a new sponsorobligation to ensure that the cost to the sponsor of the training contribution cannot be passedonto a 457 visa holder or third party.
Recommendation 7 - English language requirement
7.1 That the English languagerequirement be amended to an average score.
For example, in relation toInternational English Language Testing System, the 457 applicant should have an average of 5 across thefour competencies (or the equivalent for an alternativeEnglish language testing provider).
7.2 That greater flexibility beprovided for industries or businesses to seek concessions to the English language requirement forcertain occupations on a case by case basis, or undera Labour Agreement, Enterprise Migration Agreement or Designated Area MigrationAgreement, as appropriate.
7.3 That consideration be given toalternative English language test providers.
7.4 That consideration be given toexpanding the list of nationalities that are exempt from the need to demonstrate they meet the English languagerequirement.
7.5 That instead of the currentexemption which requires five years continuous study, five years cumulative study be accepted.
Recommendation 8 - Genuine position requirement
8.1 That there be targeted training fordecision-makers in relation to the assessment of the genuine position requirement.
8.2 That before decision-makers refusea nomination on the basis of the genuine position requirement, the sponsor be invited to providefurther information to the decision-maker.
Recommendation 9 - Skills assessments
9. That the government should explorehow skills assessments could more appropriately recognise a visa applicant's experience.
Recommendation 10 - Sponsorship
10.1 That Standard Business Sponsorsshould be approved for five years and start-up business sponsors for 18 months.
10.2 That as part of the government’sderegulation agenda, the department should develop a simplified process for sponsor renewal.
10.3 That the department considercombining as many sponsorship classes as possible.
10.4 That when more detailedinformation is available, the department should investigate the alignment of overseas business andLabour Agreement sponsorship periods with the generalStandard Business Sponsorship approval period.
10.5 That the timeframe for the sponsorto notify the department of notifiable events as set out in legislation should be extended to 28 days afterthe event has occurred.
10.6 That the department should exploreoptions that would enable the enforcement of the attestation relating to non-discriminatory employmentpractices.
10.7 That it be made unlawful for asponsor to be paid by visa applicants for a migration outcome, and that this be reinforced by a robust penaltyand conviction framework.
Recommendation 11 - Fees
11. That the government should reviewthe fee structure, especially for secondary visa applicants and visa renewal applications.
Recommendation 12 - Informationprovision
12.1 That sponsors be required toinclude as part of the signed employment contract:
a) a summary of visa holder rightsprepared by the department; and,
b) the Fair Work Ombudsman’s Fair WorkInformation Statement.
12.2 That improvements be made to boththe accessibility and content on the department’s website specific to 457 visa holder rights andobligations, and utilising the department’ssignificant online presence more effectively to educate 457 visa holders on theirrights in Australia.
Recommendation 13 A streamlinedapproach
13.1 That consideration be given tocreating streamlined processing within the existing
457 programme as a deregulatorymeasure. To maintain programme integrity, streamlining should be built aroundrisk factors including business size, occupation, salary and sponsor behaviour.
13.2 That should the recommendednomination and visa streamlining outlined in this report be implemented, thedepartment should investigate a redefined accredited sponsor system. Current accredited sponsorsshould retain their priority processing benefits until their sponsorship ceases; however, no further sponsorsshould be afforded accredited status until anew system is implemented.
Recommendation 14 - Labour Agreements
14.1 That Labour Agreement negotiationtimes be significantly improved to enable a demand-driven and responsive pathway for temporarymigration, where the standard 457 programmearrangements are not suitable.
14.2 That to enable the LabourAgreement pathway to be more open and accessible for additional industry sectors, consideration be given to thedevelopment of other template agreements thatwill address temporary local labour shortages in industries of need.
Recommendation 15 - Pathways topermanent residence
15.1 That 457 visa holders be requiredto work for at least two years in Australia before transitioning to the Employer NominationScheme or Regional Sponsored Migration Scheme,and that consideration be given to the amount of time required with anominating employer being at least one year.
15.2 That consideration be given toreviewing the age restriction on those 457 visa holders transitioning to the Employer Nomination Scheme orRegional Sponsored Migration Scheme.
15.3 That consideration be given tofacilitating access for partners of primary sponsored 457 visa holders to secure permanent residence under theTemporary Residence Transition stream.
Recommendation 16 - Role ofeducation
16. That consideration be given to theallocation of more resources to programmes aimed at helping sponsors understand and comply with theirobligations, whether those programmes aredelivered directly to sponsors or through the migration advice profession.
Recommendation 17 - Monitoring
17. That greater priority be given tomonitoring, and that the department continue to enhance its compliance model to ensure those resources areapplied efficiently and effectively.
Recommendation 18 - Inter-agencycooperation
18.1 That there be greatercollaboration between the department and the AustralianTaxation Office to uphold integrity within the 457programme and minimise the burden on employers.
18.2 That a change to 457 visaconditions be introduced to place an obligation on the visa holder to provide the department withtheir Australian tax file number.
Recommendation 19 - Fair WorkOmbudsman
19.1 That the Fair Work Ombudsman’scurrent complementary role in monitoring compliance and referral of findings to the department foraction should continue.
19.2 That the department should provideinformation in real time that is both current and in a format compatible with that of the Fair WorkOmbudsman..
Recommendation 20 - Fair WorkCommission
20.1 That the department monitordecisions of the Fair Work Commission, so as to determine if sponsors have breached obligations or providedfalse and misleading information
20.2 That the department requiresponsors, when lodging a new nomination application to certify that there has been no change to the informationprovided to the department in relation towhether the business or an associated entity has been subject to "adverseinformation" as that term is defined in thelegislation.
Recommendation 21 - Sanctions
21.1 That dedicated resourcing be madeavailable to the department to enable the investigation and prosecution of civil penalty applicationsand court orders.
21.2 That the department disclosegreater information on its sanction actions and communicate this directly to all sponsors and the migrationadvice profession as well as placinginformation on the website.
Recommendation 22 - Systemsenhancements
22. That the department investigate thefeasibility of system improvements that facilitate greater linkages with information held by othergovernment agencies.
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