457 Visas | Updates on nominating visa holders

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As the 457 visa program transitions to the Temporary Skills Shortage (TSS) Visa, we expect to see ongoing changes to the requirements businesses need to meet in order to nominate visa holders. Here’s what has changed recently for businesses and 457 visa holders.

Changes to Market Salary Rate Requirements

The Immigration Department has strengthened market salary requirements, meaning employers will need to provide additional documentation to show they are paying their visa holders equivalent market salary rates to local workers.

In an initiative to prevent visa holders from being exploited where there is no Australian-equivalent employee, employers will need to:

  • Provide a written statement outlining how they have determined the pay for an equivalent Australian worker
  • Prepare references to the job outlook and prospects of the role in the Australian market.

This extra documentation is required in addition to the usual evidence requirements businesses must show to ensure Australian market salary rates have been met.

Labour Market Testing Evidence Arrangements

As per our previous post on the Government’s Labour Market Testing changes, businesses who have lodged a nomination application on or after 1 October 2017, will need to provide additional evidence to show they have adequately tested the local labour market.

Here are the main changes for businesses:

  • A copy of relevant advertisements will need to be provided, including evidence of the duration of the advertising period
  • Receipts for any advertising fees paid to be submitted
  • Advertisements also need to be nationally accessible, for example through a service such as SEEK
  • The Domestic Recruitment Table will no longer be accepted by the Immigration Department as a way of demonstrating that the Australian labour market has been tested.

When the 457 visa program transitions to the Temporary Skills Shortage (TSS) Visa in March 2018, businesses may need to meet additional labour market testing requirements. Further information is expected from the Immigration Department in coming months.

The changes aim to ensure overseas professionals are nominated for positions which demand skills and experience that are difficult to source locally.

Permanent Residence Prospects for Employees Currently on a 457 visa

We can confirm existing subclass 457 visa holders or applicants as at 18 April 2017 will continue to have access to an employer sponsored pathway to permanent residence, however the policies governing the transitional provisions are yet to be confirmed by the Immigration Department. The Department has stated it hopes to advise of this before the end of the year.

Managing the 457 visa changes

To support businesses throughout the 457 changes, Interstaff advises on how to manage and prepare for the additional requirements to nominate visa holders.

To get in touch with a migration agent about nominating visa holders or to understand your visa options, click here for a free visa assessment or contact our registered migration agents on
08 9221 3388 or visas@interstaff.com

You can also view the slides from our recent business migration seminar, where we discussed strategies businesses can adopt to manage the 457 visa changes or access our FAQ’s from businesses here.

Source:

Interstaff Migration Agents

Department of Immigration and Border Protection