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Australian Immigration Lawyers
Changes To Temporary Work Visas (subclass 457) from 1/7/07

Minister Announces Important Changes to Subclass 457 visa regime:

The Australian Government today announced new changes to the Skilled Temporary
Visa Laws.


The changes include new civil penalties for employers who breach the law, greater
powers for the Department of Immigration and Citizenship, and the Office of
Workplace Services, to investigate employers, faster processing of applications for
some employers and a higher English language requirement to be eligible for a
Skilled Temporary Visa.


The Migration Act will be amended to ensure employers of skilled temporary
overseas workers (457visas) face tougher penalties if they breach their sponsorship
obligations.


New civil penalties will apply for those employers who commit the most serious
offences. Offences will relate to such matters as failure to pay the minimum salary
level and using workers in unskilled jobs.


The Department of Immigration and Citizenship will also be given stronger powers to
enforce employer compliance with the 457 visa programme, including the power to
conduct unannounced audits of employers and their premises.


This will be complemented with greater powers for the Office of Workplace Services
to investigate breaches of the Minimum Salary Level.


The Australian Government will put in place formal arrangements for the fasttracking
of applications from those employers who have a strong and demonstrated
record of complying with the 457 visa programme.


Applications lodged by fast-tracked employers and their overseas personnel will be
priority processed, helping to streamline access to skilled workers.

From 1 July 2007, employers will be required to ensure that overseas workers they
sponsor have English language skills equivalent to an average score of 4.5 in an
International English Language Testing System (IELTS) test, or a higher level where
required as part of licensing or registration.


Applicants will be required to detail their English language skills and on a targeted
basis, may be required to complete an IELTS test. The manner in which this requirement would be implemented will continue to be discussed with key industry groups.

Due to a strong economy and unemployment at a 30 year low, some Australian
industries are experiencing a temporary shortage of skilled workers.

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