On the 23 November 2013 the new 457 Labour Market Testing Requirements (LMT)  commenced.  The LMT requirements apply to the nomination stage of the 457 process.

The requirement under Legislative Instrument is that the period in which the advertising of the nominated position must have been, is within 12 months.

Exemptions to LMT:

There are exemptions to LMT based on:

·         occupation level

·         International Obligations.

Exemptions Based on Occupation Level:

There are exemptions for occupation that areANZSCO as Skill Level 1 or 2.

Skill Level 1 are occuptions that require an Australian Degree Level qualification or at least five years of relevant experience may substitute for the formal qualification.

Skill Level 1 occupations include:

General Managers; Farmers and Farm Mangers; Accountants; Medical practitioners; Analyst Programmer; Developer Programmer; 

Skill Level 2 are occupations that require an AQF Associate Degree, Advanced Diploma or Diploma qualification or at least three years of relevant experience including:

Customer Service Manager; Café and Restaurant Mangaer.

Major Occupations not exempted from LMT – Engineering and Nursing

While most occupations requiring the level of education stated above are exempted from LMT, if the qualification or experiences are in the field of following groups, LMT must be done prior to lodging Nomination application.

·         Engineering (including shipping engineering)

·         Nursing

Exemptions Based on International Obligations:

There are also exemptions based on Australia’s International Trade Obligations.

These are available where your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager.

The definition of ‘Executive or Senior Manager’ is given a very wide interpretation, according to the DIBP website includes:

Registered Nurse, Driller, Welder, Automotive Electrician, Motor Mechanic (General), Diesel Motor Mechanic, Motorcycle Mechanic           

See the list on the DIBP website:

http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4%20in%20the%20%E2%80%9CWho%20can%20nominate?%E2%80%9D%20section.

LMT will be necessary for Trade Level Occupations and below, if no exemptions apply:

At a practical level, this means that LMT will be necessary for trade level occupations which are ANZSCO Skill level 3  and for any occupations with ANZSCO skill levels below level 3.  For example Machinery Operators and Drivers which are Skill level 4 includes the occupation of Driller, which is on the ANZSCO.

This means that unless exemptions are available through International Obligations, LMT will be necessary for a number of occupations including: Electrician (general); Plumbers; Bakers; Painters; Drillers.

What level of LMT will the DIBP accept?

Details on the LMT expected can be found on a DIBP Q and A, which included the following:

“Q. What information do I need to provide as evidence of having conducted labour market testing?

A. You must provide information about all advertising or other recruitment efforts undertaken in relation to the nominated occupation in the preceding twelve month period. You must provide information about where those advertisements/recruitment activities took place, the dates they occurred and the geographic target audience of the advertising/recruitment efforts. You must provide information about the outcome of those activities including the number of applications received, the number of applicants hired and the general reasons why the other candidates were unsuccessful.

You can use the Domestic Recruitment Summary Table to summarise this information for the purpose of providing evidence of labour market testing with your nomination. It can be downloaded from the department’s website at http://www.immi.gov.au/Visas/Pages/457.aspx?tab=4

Q. Is advertising in social media channels such as Facebook an acceptable form of labour market testing?

A. Use of social media to advertise a vacant position(s) is acceptable. As with all other forms of advertising or recruitment efforts, you will need to provide information about the process you undertook and the results the advertising produced.

Q. Do I have conduct paid advertising to meet the labour market testing evidence requirement?

A. No. Paid advertising will not be considered more favourably than free advertising for the purpose of evidencing labour market testing.

Q. Do I have to provide details of the recruitment process such as records of interview or copies of job applications received?

A. No.

Q. Is advertising on my company’s own website an acceptable form of labour market testing?

A. Yes.

Q. My company uses an external recruitment agency. Is this an acceptable form of labour market testing?

A. Yes, however you are still required to provide information about the recruitment efforts undertaken on your behalf and the outcome of those activities.

The Department of Immigration and Border Protection has provided a Domestic Recruitment summary Template, to assist employers with the process of supplying information about the advertising process.

Redundancies and LMT
If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments.”

What the Government has said about the LMT for 457 visas

In a press release on the 15 November 2013, Senator Michaelia Cash, the Assistant Minister for Immigration and Border Protection, gave her summary of the governments new LMT implementation.

The following is stated:

“The government announced today it will adopt a sensible approach to the implementation of new rules requiring employers to test the local labour market before seeking to employ an overseas worker on a subclass 457 visa. …

Guidelines released by the Department of Immigration and Border Protection for labour market testing recognise a broad range of recruitment activity as being an acceptable demonstration of labour market testing, and the time period in which labour market testing evidence will be valid for will be 12 months.”

Commentary by Chris Johnston, Principal Lawyer and RMA at Work Visa Lawyers:

The Labour Market Testing as announced will add an extra layer of effort for many employers, looking to nominated a position for a 457 visa.

There are a number of exemptions, which need to be examined carefully for each potential nominated position, to determine if LMT is required.  Many conventional professions, are exempted through their AZNSCO skill level. However Engineering and Nursing occupations are not exempted and do required LMT.  The trades will be hardest hit.  But even some trade positions will be exempted, depending on where the applicant is coming from – if a World Trade Organisation company, and being sponsored by a business where there is a parent business overseas.

If LMT is required, then the requirements for advertising are relatively broad, compared to what is required for the Direct Entry RSMS 187 visa, by many Regional Certifying Bodies.

The LMT must be within 12 months of the nomination, and the ranges of types of advertising available, include any of the following, paid online or paper, through a recruitment agent, online free adverts and even adverts through a sponsors own website.

Sources:

Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136 - F2013L01953

Migration Act 1958 - Specification of Occupations Exempt from Labour Market Testing - IMMI 13/137- F2013L01952

Migration Act 1958 - Legislative Instrument IMMI 13/138 [F2013L01954]

http://www.minister.immi.gov.au/media/mc/2013/mc209591.htm

Warning -This information is accurate on the 23 Nov 2013.  

DIBP will change visa requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Do you Need Help with a 457 visa?

If you require further information regarding a 457 application , either as an employer or an applicant, we can help you.

Contact us on (08) 7225 5091 or +61 8 7225 5091

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Australia has mad numerous changes in the last two years, which make it more difficult and expensive to get an Australian visa.  One of these has to be to add a Subsequent Temporary Application Charge to persons applying for their second temporary visa while in Australia.  The charge is AUD $700.00 per peron.   This chages often applies to those looking to apply for a tourist visa while in Australia, if they had previously  applied for a temporary visa while in Australia.

Perhaps Australai could learn from its neighbours and try to boost the economy through stragic positive visa changes.

Indonesia will relax tourism visa restriction for economic reasons.

In an article titled ‘Relaxed Travel Restrictions Planned in Tourism Push’, Francezka Nangoy wrote on 6 October 2013:

“Indonesia will loosen up its tourist visa application process, in a move that should help boost the nation’s tourism industry.

“Indonesia has an important agenda in the tourism industry considering how many people are employed [in this industry], Tourism and Creative Economy Minister Mari Elka Pangestu said in a press meeting in Bali on Friday as quoted by the Ministry of Information and Information Technology.”

For the full story:

http://www.thejakartaglobe.com/business/relaxed-travel-restrictions-planned-in-tourism-push/

The comments of opposition leader Steven Marshall are reported by Journalist Liam Mannix.  On 27th September at the Urban Development Institute of SA lunch at the InterContinental in Adelaide Steven Marshall said:

“Certainly I will be sitting down with my Coalition federal counterparts as early as I can to talk and to lobby them about preferential immigration status for us here in South Australia,” 

“Yes, some people could say we’ve got that at the moment … and so does Western Australia, which sort of nullifies any advantage that we’ve got.

“The regional status that we’ve got, the advantage that we had for quite a considerable amount of time where we were making up some ground, or at least diminishing our flows out of the state, was really before WA got its own regional immigration status.

“So that’s not the advantage that it was.”

Source:

Marshall to lobby for more migrants LIAM MANNIX 

http://indaily.com.au/news/2013/09/30/marshall-to-lobby-for-more-migrants/

An interesting article by Myriam Robin about 457s in WA:

http://www.smartcompany.com.au/managing-people/057723-why-small-wa-firms-are-turning-to-457-visas-we-can-t-compete-with-the-big-miners-on-wages.html

Need Help?

If you require further information regarding a 457 application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091 or

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

 The Australian Nursing and Midwifery Accreditation Council (ANMAC) is the body authorised to do skills assessments for Australian migration purposes.

On 17 September 2013 ANMAC has sent the following information regarding the skills assessment process:

“New process of returning applications for migration skills assessments when incorrect documents are submitted”

“New protocol to be implemented

To continue to process applications in a timely manner, ANMAC is introducing a new protocol to manage incomplete and incorrect applications. Applications that are received incomplete or without correct supporting documentation will be returned. This will allow the applicant and their nominated agent to review the requirements for each document before resubmitting the application.

This new process will reduce the unnecessary administrative burden on the ANMAC assessors allowing for faster assessment times while ensuring that responsibility for the submission of correct documents appropriately resides with the applicant and their nominated agent.

We appreciate your support and assistance with the new assessment strategy.”

The release by ANMAC provides the following description in the rise in the number of applications for assessment and the documents that are usually required. “

“ Situation analysis

As you would be aware from the information provided on our website, the ANMAC assessment process can take more than 14 weeks during busy periods. ANMAC has been experiencing unprecedented numbers of skills assessment applications since the introduction of SkillSelect by DIAC in January 2013.

Traditionally ANMAC has assessed approximately 2000 applications per year. Since 1 January 2013 this has increased significantly to an average of over 100 applications per week, putting us on course to assess over 5000 applications this calendar year. The increase in application numbers has created extended assessment times for skills assessments although we are working to mitigate this.

The following steps have already been taken by ANMAC to improve assessment times:

New database to improve information storing and reporting

• Increasing number of assessors and support staff
• Increasing attendance at Migration Institute of Australia continuing professional development sessions to inform agents of ways to minimise barriers to their clients’ assessment process
• Checklist for required documents to ensure only those required documents are provided

The increase in applications has created an additional administrative burden on ANMAC especially where the submission includes incorrect documents and incomplete applications.

Common errors include:

• Incorrect certification of documents including cover sheet and photograph
• Incorrect AHPRA registration certificates
• Missing education details (eg graduation certificates) for bridging/adaptation programs
• Submission of professional references that do not meet ANMAC requirements, despite a template being available on our website
• Submission of unsolicited documents such as pay slips, utility bills, drivers licence, police criminal history checks (not required)
• Submission of continuing professional development documents such as OH&S, mandatory training updates and other short course certificates
• Curriculum Vitae or resume (not required) “

Source: Information released by ANMAC on 17 September 2013

Do You Need Help in Relation to a Skills Assessment as a Enrolled Nurse or Registered Nurse?

At Work Visa Lawyers we are experienced in assisting with skills assessment to enable applications for skillselect subclass 189, 190 and 489 visas and Employer Nomination Scheme applications.

We can help you with a skills assessment as an Enrolled Nurse or Registered Nurse.

For further information regarding skills assessments or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091.

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

This information is accurate on the 20 September 2013. 

On the 16 September 2013 Prime Minster Tony Abbot announced his Ministry.

He has appointed Scott Morrison as the Minister for Immigration and Border Protection.  This title is a change from what had previously been the Minister of Immigration and Citizenship.

The press release from Tony Abbot provides the following:

“Mr Scott Morrison MP will be Minister for Immigration and Border Protection. Senator Michaelia Cash will be Assistant Minister for Immigration and Border Protection. This is a strong team to stop the boats. Recognising its key role in border protection, Customs will be in this portfolio.”

Here is a link to some previous comments made by Scott Morrison when he was the Shadow Minister for Immigration and Citizenship, in relation to skilled migration:

http://www.workvisalawyers.com.au/news/entry/the-coalitions-approach-to-skilled-migration-457-visas-and-english-testing-scott-morrison-in-his-own-words.html

Sources:

http://lpaweb-static.s3.amazonaws.com/TheMinistry.pdf

http://resources.news.com.au/files/2013/09/16/1226720/249667-aus-file-abbott-ministry-statement.pdf

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 18 September 2013. 

Following his win is the electorate of Cook, Scott Morrison has made statements to his local paper/online media the St George and Sutherland Shire Leader. 

He has said he is ready to serve and in relation to the role, he commented:

“‘‘But that is a matter for the Prime Minister-elect to decide,’’ he said. 

 ‘‘I’ve worked in the portfolio over the past four years.  I’ve done the work and put the commitments there.”

Source:

http://www.theleader.com.au/story/1764131/im-ready-to-serve-says-morrison/?cs=12

For a previous Blog regarding Scott Morrison and skilled migrations views :

http://www.workvisalawyers.com.au/news/entry/the-coalitions-approach-to-skilled-migration-457-visas-and-english-testing-scott-morrison-in-his-own-words.html

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 14 September 2013. 

The following occupations have been shifted to ‘currently not available’ on the SA State Nominated Occupation List (SNOL). 

- Chemical Engineer,

- ICT Business Analyst

- Software Engineer

This will effect those who were planning to apply for sa state sponsored subclass 190 or 489 visas for the above occupations.

Here is what the status of ‘Currently not available’ means:

“Currently Not Available for State Nomination

Occupations with this status are not currently available for South Australian state nomination, due to the occupation group being close to reaching the Department of Immigration and Citizenship (DIAC) national ceiling. DIAC have a limited number of places available for State and Territory nomination for the rest of the 2013/14 program year. Independent General Skilled Migration or other States/Territories may still have places currently available for the occupation group.

In December 2013, DIAC will notify South Australia if there are any additional places available for this occupational group for state nomination and will allocate South Australia with a new quota.

Please monitor this website in December 2013 for any updated information.

Please view the DIAC website for announcements about occupation groups close to reaching the DIAC ceiling and how it affects prospective applicants for State Nominated or Independent General Skilled Migration http://www.immi.gov.au/skills/skillselect/.”

Sources: Immigration SA

https://www.migration.sa.gov.au/snol_data

https://www.migration.sa.gov.au/snol

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 13 September 2013. 

Scott Morrison is likely to be announced as the new Minister for Immigration.  He was the Shadow Minister for Immigration  and Citizenship from 8 up until the Federal election on the 7th September 2013.

This is what Scott Morrison has previously said in relation to:

• Skilled Migration
• 457 visas
• English language requirements

Skilled Migration:

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

"The Coalition believes in a well run migration program that focuses on skills and creates jobs for Australians," Mr Morrison said.

Source:

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At page 4:

“During the Howard years skills based migration increased from less than 30% of the permanent

program under Paul Keating to almost 70% by the time they left office. The Howard Government

also introduced the temporary skilled visa, the 457.

Research by Monash University showed that during the Howard years the percentage of Australians

who were concerned about immigration levels being too high almost halved, from more than two

thirds to just over one third. Over the same period our permanent immigration intake doubled.”

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

On 457 Policy under Brendan O’Connor

Scott Morrison was highly critical of the statements made by Brendan O’Connor in relation to claimed 457 rorts.

In a radio interview on the 2 May 2013 Scott Morrison said:

 “Well this report obtained by the Coalition under freedom of information demonstrates some fairly routine housekeeping changed to the 457 scheme. 

It certainly doesn't anywhere justify the sort of inflammatory rhetoric and trash talking of skilled migration that the Prime Minster and Minister O'Connor have engaged in, nor does it in any way provide any evidentiary basis for the sort of claims they've made about 10,000 people rorting the system and so on.”

http://www.abc.net.au/pm/content/2013/s3750563.htm

At the Brisbane Resource Industry Migration Forum for AMMA on the 8 August 2013:

“Until this year the skilled migration program enjoyed bipartisan support. Labor’s attack on skilled

migration through the measuresintroduced to choke the 457 migration program with union red

tape was nothing more than economic vandalism,” he said.

http://www.amma.org.au/assets/media/2013MediaReleases/Aug/MEDIA%20RELEASE_Coalitions_killed_migration_program_will_restore_business_confidence_Scott_Morrison.pdf

Skilled Migration and English Language Requirements

On English Language Testing:

Paper by Scott Morrison to Address to the Affinity Intercultural Foundation, Sydney

Wednesday 17 July 2013.  At pages 6 and 7:

“IELTS is a quality program – used by more than 6,000 organisations across 135 countries, including

immigration departments and authorities in Australia, Canada, New Zealand and the UK. IELTS

conduct around 1.9 million tests per year.

But we must be wary of creating a closed shop on English language testing or having English

language testing used as a non-tariff barrier by trade unions trying to crash the skilled migration

programme as an industrial tactic.

We should be moving towards a more competitive framework.

Australia needs to have the capacity to have progressive levels of English language capability. We

also need greater flexibility; the notion of having an English language test that is fit for purpose,

instead of a one size fits all.

There can be no argument that English skills are important. They are critical not only for personal

safety but also for participation and social cohesion.

English language skills are important to ensure awareness of compliance with occupational health

and safety rules. They are also important in allowing a visa holder to communicate and connect with

their employer, their colleagues and their community.

Temporary migrants, whether they are students or workers, can be highly vulnerable to abuse. An

understanding of English helps them access services and understand the protections available to

them, whether they are trying to rent a flat, understand the terms and conditions of their

employment, open a bank account or take out a loan.

The United Kingdom accepts over 30 language assessment systems in addition to the IELTS.

One of those providers is the renowned Cambridge English Language Assessment – formerly the

ESOL – with 4 million candidates sitting the tests in 130 countries.

The rationale behind Cambridge is that “tests need to be fit for purpose, offering users a range of

solutions that meet diverse needs”.

The level of language skills required of someone applying to come to Australia should also take into

account how long they intend to stay.

We also need more than a one-off time freeze snapshot. If a person has been living, working and

actively engaging in Australia over a number of years, it is in their interests as well as that of the

community that as their active engagement grows, their level of proficiency does not stay static;

ideally it would develop and improve over this time.”

The 457 and English Language Testing:

In an address to the National Press Club Mr Morrison said:
"There is also a need to revise the English language test that now requires a score of at least five in all four categories of the IELTS test," he told the NPC.

"These tests can be used a little like a non tariff barrier to trade by unions seeking to crash the system as an industrial system."

Source: article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Comments by Chris Johnston Principal of Work Visa Lawyers:

The information above is statements made by Scott Morrison in the lead up to the 2013 elections .  The extent to which promises made prior to an election will result in government policies is an unknown.

In relation to 457 visas, it is clear that Scott Morrison is a critic of the 457 policies when he was a shadow Minster. 

The open question is whether the 457 labour market testing measures will come into effect.   The relevant Legislation is the Migration Amendment (Temporary Sponsored Visas) Bill 2013.  The legislation will come into effect within 6 months of the Act receiving royal assent and the last day for this to happen would be the 29 December 2013.

The Migration Amendment (Temporary Sponsored Visas) Bill allows for occupations to be exempted from LMT.  The new Coalition Government could chose to make a large range or all occupations exempted from LTM, to avoid the LMT legislation having any practical effects.

Sources:

AMMA Media Release, 8 August 2013

http://www.amma.org.au/newsroom/media-releases/3394-coalition-s-skilled-migration-program-will-restore-business-confidence-scott-morrison

http://www.affinity.org.au/wp-content/uploads/2013/07/Morrison-Doing-far-more-to-build-our-nation-170713.pdf

http://www.abc.net.au/pm/content/2013/s3750563.htm

Article by  Malcolm Farr, National Political Editor, 30 March 2011, news.com.au

Do You Need Help in Relation to Australian Visas?

If you require further information regarding Australian Visa application charges or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091  

This information is accurate on the 09 September 2013. 

Immigration SA has released the following information:

“New professions added to the State Nominated Occupation List

From 2 September 2013, the following occupations have been added to the State Nominated Occupation List (SNOL):

•    Procurement Manager
•    Registered Nurse (Paediatric)

ICT occupations

From 2 September 2013, the “Special Conditions Apply” status has been removed for all On-list ICT occupations and there will be a limited number of places available for South Australian State Nomination. The IELTS requirement for all ICT occupations is 6.5 in each band score.

Occupations close to reaching DIAC national ceiling

Six occupation groups are close to reaching the Department of Immigration and Citizenship (DIAC) national ceiling and DIAC have allocated a limited number of places for State and Territory nomination for the rest of the 2013/14 program year. Once South Australia has reached the state quota in an occupation group listed below, Immigration SA will be unable to nominate any more applicants (including SA international graduates) for the remainder of the 2013/14 program year.

Please view the DIAC website for announcements about these six occupation groups and how it affects prospective applicants for state nominated or independent General Skilled Migrationhttp://www.immi.gov.au/skills/skillselect/.   

The six occupation groups with a limited number of places available for SA state nomination are:

• 2331 Chemical and Materials Engineers
• 2611 ICT Business and Systems Analysts
• 2334 Electronics Engineers
• 2633 Telecommunication Engineering Professionals
• 2339 Other Engineering Professionals
• 2613 Software and Applications Programmers

Due to the limited number of places, Immigration SA will prioritise applications who meet all Immigration SA eligibility requirements as follows:

1.     Currently employed in a skilled occupation in SA

2.     An international Graduate of SA  

3.     High calibre offshore or onshore applicants (Immigration SA will take into account: DIAC points, qualifications, work experience and English level when assessing an application for these occupation groups).

Please note that for occupations subject to a DIAC occupation ceiling management process, Immigration SA reserves the right to process applicants by merit rather than by date submitted.“

Source: Immigration SA

https://www.migration.sa.gov.au/news%20and%20events

This information isaccurate on the 04 September 2013.  Immigration SA will change requirements in an ongoing manner and all current requirements must be established prior to lodging an application. 

Need Help?

At Work Visa Lawyers we are experience in assisting applicants with the Expression of Interest, State Sponsorship and Visa application process for state sponsored subclasses 190 and 489.

If you require further information regarding an application or your Australian visa options you contact our offices on (08) 7225 5091 or +61 8 7225 5091