澳嘉移民昨天收到移民协会内部的通知， 最近457工作签证可能即将发生重大变化, 目前政府在考虑的建议澳嘉移民顾问为大家翻译整理如下
457改革方案的20项重要措施
1. 废止现有的457 Labor market testing 要求，成立了一个独立的第三方的机构， 对市场劳务情况评估， 给移民部提交报告。
2. 修改现有的CSOL (Consolidated Sponsored Occupations List), 根据独立的劳动力市场研究委员会的意见增/删部分职业岗位
3. 将现有的457转186的高薪豁免market salary rate 的工资额从$250000降低至180000, 请注意这一款不影响现有的96400高薪豁免雅思做457
4. 现有的457最低工资额53900在接下来的2年内不会增长, 在特殊情况下, 可以考虑457申请人工资水平低于53900的10%.（48510澳币以上即可）
5. 对于market salary rate 低于53900的岗位, 如果雇主愿意支付53900岗位的工资, 也可以申请457工作签证
6. 目前的培训要求A和B 被每年的培训贡献费用政策取代， 具体金额是根据员工的工资和养老金的2%来决定。
7. 英文要求由现在的雅思4个5分, 降为雅思平均分5分, 针对部分岗位和部分行业, 雇主可以单独申请更低的英文要求
8. 457英文要求开始接受其它非雅思类别的考试（2014年11月开始DIBP认可托福，PTE，OE英语测试成绩来申请189/190/489签证的，以后457工作签证也可以用其他测试成绩来申请的）
9. 进一步增加可以被豁免457英文要求的人员及岗位
10.移民局将对457的签证官提供关于457第二步岗位真实性的专业培训,并且将把岗位真实性的审查标准上升到一个新的高度, 如果签证官会因为岗位真实性拒签申请,必须给雇主一个解释的机会
11. 457的职业技术评估将进行改革, 尽可能的把申请人的过去工作经验考虑进去
12. 雇主担保资格(Sponsorship) 有效期将从现有的3年增加到5年(运营12个月以上的公司) , 新成立的公司(运营12个月以内的公司) 担保资格从现有的12个月增加到18个月, 并且将简化雇主担保资格renew 的手续
13. 将对现有的雇主担保资格457/402/186/187 等进行合并（目前457工签和402培训签Sponsorship申请420澳币，187RCB各州从0-300澳币不等，186没有第一步雇主担保资格审查RCB）
14. 457的收费标准将进行调整（目前：457工签担保申请费420澳币 (Sponsorship) 自理
457工签提名申请费330澳币 (Nomination) 自理，457签证申请费1035澳币 (Application)（配偶及18岁以上孩子1035澳币，18岁以下孩子260澳币））
15. 关闭现有的accredited sponsor 系统(针对部分大型的雇主提供优先处理和降低材料标准的特殊待遇), 不再接收新的accredited sponsor申请, 直到新的改革措施出台
16. Labour Agreement 将从457签证类别中移除, 移民局将针对Labour Agreement开发一个新的签证系统（原来这个是185PR，老的855绿卡）
17. 457转186的时间将由现在的2年缩短为1年
18. 将457在转186的时候年龄提升(目前是未满50岁)
19. 进一步增强457批准以后的移民局监督机制
20. 进一步增强移民局和税务局的合作, 来保证457签证的真实性
澳嘉解读：
总体来说，457的改革是很人性化的，主要表现为：
1. 英文要求有所降低（变为均5），工资要求降低（变为48510澳币以上），CSOL职业清单这对英文稍逊的雇员和缺乏雇员的雇主来说都是好消息。
2. 废除劳工市场测试，有第三方机构评估；
3. 457高薪豁免market salary rate市场工资从25万澳元降低到18万。
4. 对于市场工作低于53900的岗位，如果雇主愿意支付53900的，也可以申请工作签证；
5. 457转186时间从2年缩短为1年
澳嘉温馨提示：
以上消息是移民局打算进行的457改革大纲, 尚未定稿, 但是根椐经验, 90%的改革措施将按照上述进行, 至于新政策何时生效和对于已经持有457签证的申请人有何影响,有待后续报道。
移民协会内部通知原文如下：
Subclass 457 Review Recommendations Released
MIA NOTICE
2014.107 | 10 September 2014
At a National Press Club lunch today, the Minister for Immigration and Border Protection, the Hon Scott Morrison, has discussed the Government’s response to the just released report by the panel conducting the Independent Review into Integrity in the Subclass 457 programme.
The review report, Robust New Foundations: A Streamlined, Transparent and Responsive System for the 457 Programme, is available on the Department of Immigration and Border Protection’s website.
The Minister praised the report for its “balanced and measured” 22 recommendations.
Minister Morrison did not give any details of the implementation date for the recommendations, but said that the Government will give a detailed response “in the weeks and months ahead”.
The MIA will 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 in legislation, be
established to report to government on skilled migration issues.
1.2 That the new ministerial advisory council be supported by a dedicated labour market
analysis 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 market testing be abolished.
Recommendation 3 - Core solutions
3.1 That the Consolidated Sponsored Occupations List be retained as a list of
occupations which are at Skill Level 3 and above, and that the Consolidated Sponsored
Occupations List should be able to be amended by two means: first, the addition of skilled
occupations which can be shown 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 where there may be integrity or appropriateness concerns. Any occupations not on
the list, which are usually referred to as semi-skilled, may be addressed as part of the
Labour Agreement regime.
3.2 That the new ministerial advisory council provide advice on those occupations where
some concern exists and recommend additional requirements or limitations on occupations
and/or regions.
Recommendation 4 - Market Salary Rate
4. That the market rate framework continue to operate as a core component of the
457 programme, but that the earnings threshold above which there is an exemption from
the need to demonstrate the market rate should be aligned with the income level above
which the top marginal tax rate is paid (currently at $180 000).
Recommendation 5 - Temporary Skilled Migration Income Threshold
5.1 While there is an argument for abolishing the Temporary Skilled Migration Income
Threshold, that it nevertheless be retained to allow for streamlining within the wider
programme, and that concessions to the Temporary Skilled Migration Income Threshold be
afforded under Labour Agreements, Enterprise Migration Agreements and Designated Area
Migration Agreements, as appropriate.
5.2 That the current Temporary Skilled Migration Income Threshold be retained at
$53 900 p.a. but that it not undergo any further increases until it is reviewed within two years.
5.3 That the two roles currently performed by the Temporary Skilled Migration Income
Threshold (that is, acting as a determination of the eligibility of occupations for access to the
scheme and as an income floor) be more clearly articulated in the 457 programme, and that
consideration be given to accepting the eligibility threshold as up to 10 per cent lower than
the Temporary Skilled Migration Income Threshold.
5.4 That the government give further consideration to a regional concession to the
Temporary Skilled Migration Income Threshold, but only in limited circumstances where
evidence clearly supports such concession.
5.5 That in circumstances where the base rate of pay is below the Temporary Skilled
Migration Income Threshold, the current flexible approach adopted by the department,
taking into account guaranteed annual earnings to arrive at a rate that meets the minimum
requirement of Temporary Skilled Migration Income Threshold be continued and made
more visible to users of the programme and their professional advisors.
Recommendation 6 - Training benchmarks
6.1 That the current training benchmarks be replaced by an annual training fund
contribution based on each 457 visa holder sponsored, with the contributions scaled
according to size of business.
6.2 That any 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, and outreach
programmes for disengaged groups, particularly youth who have fallen out of the
school system;
b) programmes allowing employers to take on apprentices/trainees from target groups,
including Indigenous Australians and those in rural and regional areas;
c) mentoring programmes and training scholarships aimed at providing upskilling
opportunities within the vocational training and higher education sectors that
address critical skills gaps in the current Australian workforce. Target sectors include
those industries, such as nursing and the IT sector, that rely heavily on 457 workers;
and,
d) training and support initiatives for sectors of critical national priority. Target sectors
include industries experiencing significant increase in labour demands, such as the
aged care and disability care sectors.
6.3 That funds raised through the training contribution be dedicated to this training role
and that the government reports annually on how these monies are spent by the
Department of Industry.
6.4 That there be a new sponsor obligation to ensure that the cost to the sponsor of the
training contribution cannot be passed onto a 457 visa holder or third party.
Recommendation 7 - English language requirement
7.1 That the English language requirement be amended to an average score.
For example, in relation to International English Language Testing System, the 457 applicant
should have an average of 5 across the four competencies (or the equivalent for an
alternative English language testing provider).
7.2 That greater flexibility be provided for industries or businesses to seek concessions
to the English language requirement for certain occupations on a case by case basis, or
under a Labour Agreement, Enterprise Migration Agreement or Designated Area Migration
Agreement, as appropriate.
7.3 That consideration be given to alternative English language test providers.
7.4 That consideration be given to expanding the list of nationalities that are exempt
from the need to demonstrate they meet the English language requirement.
7.5 That instead of the current exemption which requires five years continuous study,
five years cumulative study be accepted.
Recommendation 8 - Genuine position requirement
8.1 That there be targeted training for decision-makers in relation to the assessment of
the genuine position requirement.
8.2 That before decision-makers refuse a nomination on the basis of the genuine
position requirement, the sponsor be invited to provide further information to the
decision-maker.
Recommendation 9 - Skills assessments
9. That the government should explore how skills assessments could more
appropriately recognise a visa applicant's experience.
Recommendation 10 - Sponsorship
10.1 That Standard Business Sponsors should be approved for five years and start-up
business sponsors for 18 months.
10.2 That as part of the government’s deregulation agenda, the department should
develop a simplified process for sponsor renewal.
10.3 That the department consider combining as many sponsorship classes as possible.
10.4 That when more detailed information is available, the department should investigate
the alignment of overseas business and Labour Agreement sponsorship periods with the
general Standard Business Sponsorship approval period.
10.5 That the timeframe for the sponsor to notify the department of notifiable events as
set out in legislation should be extended to 28 days after the event has occurred.
10.6 That the department should explore options that would enable the enforcement of
the attestation relating to non-discriminatory employment practices.
10.7 That it be made unlawful for a sponsor to be paid by visa applicants for a migration
outcome, and that this be reinforced by a robust penalty and conviction framework.
Recommendation 11 - Fees
11. That the government should review the fee structure, especially for secondary visa
applicants and visa renewal applications.
Recommendation 12 - Information provision
12.1 That sponsors be required to include as part of the signed employment contract:
a) a summary of visa holder rights prepared by the department; and,
b) the Fair Work Ombudsman’s Fair Work Information Statement.
12.2 That improvements be made to both the accessibility and content on the
department’s website specific to 457 visa holder rights and obligations, and utilising the
department’s significant online presence more effectively to educate 457 visa holders on
their rights in Australia.
Recommendation 13 A streamlined approach
13.1 That consideration be given to creating streamlined processing within the existing
457 programme 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 That should the recommended nomination and visa streamlining outlined in this
report be implemented, the department should investigate a redefined accredited sponsor
system. Current accredited sponsors should retain their priority processing benefits until
their sponsorship ceases; however, no further sponsors should be afforded accredited
status until a new system is implemented.
Recommendation 14 - Labour Agreements
14.1 That Labour Agreement negotiation times be significantly improved to enable a
demand-driven and responsive pathway for temporary migration, where the standard
457 programme arrangements are not suitable.
14.2 That to 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 labour shortages in industries of need.
Recommendation 15 - Pathways to permanent residence
15.1 That 457 visa holders be required to work for at least two years in Australia before
transitioning to the Employer Nomination Scheme or Regional Sponsored Migration
Scheme, and that consideration be given to the amount of time required with a nominating
employer being at least one year.
15.2 That consideration be given to reviewing the age restriction on those 457 visa
holders transitioning to the Employer Nomination Scheme or Regional Sponsored Migration
Scheme.
15.3 That consideration be given to facilitating access for partners of primary sponsored
457 visa holders to secure permanent residence under the Temporary Residence Transition
stream.
Recommendation 16 - Role of education
16. That consideration be given to the allocation of more resources to programmes
aimed at helping sponsors understand and comply with their obligations, whether those
programmes are delivered directly to sponsors or through the migration advice profession.
Recommendation 17 - Monitoring
17. That greater priority be given to monitoring, and that the department continue to
enhance its compliance model to ensure those resources are applied efficiently and
effectively.
Recommendation 18 - Inter-agency cooperation
18.1 That there be greater collaboration between the department and the Australian
Taxation Office to uphold integrity within the 457 programme and minimise the burden on
employers.
18.2 That a change to 457 visa conditions be introduced to place an obligation on the visa
holder to provide the department with their Australian tax file number.
Recommendation 19 - Fair Work Ombudsman
19.1 That the Fair Work Ombudsman’s current complementary role in monitoring
compliance and referral of findings to the department for action should continue.
19.2 That the department should provide information in real time that is both current and
in a format compatible with that of the Fair Work Ombudsman..
Recommendation 20 - Fair Work Commission
20.1 That the department monitor decisions of the Fair Work Commission, so as to
determine if sponsors have breached obligations or provided false and misleading
information
20.2 That the department require sponsors, when lodging a new nomination application
to certify that there has been no change to the information provided to the department in
relation to whether the business or an associated entity has been subject to "adverse
information" as that term is defined in the legislation.
Recommendation 21 - Sanctions
21.1 That dedicated resourcing be made available to the department to enable the
investigation and prosecution of civil penalty applications and court orders.
21.2 That the department disclose greater information on its sanction actions and
communicate this directly to all sponsors and the migration advice profession as well as
placing information on the website.
Recommendation 22 - Systems enhancements
22. That the department investigate the feasibility of system improvements that facilitate greater linkages with information held by other agencies |
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