Changes to 457 scheme on the way

It seems that every few years the 457 temporary work visa comes under intense parliamentary and media scrutiny, and we are now at that point again.

In the past few weeks we have seen an intense media campaign highlighting alleged rorts of the system by unscrupulous employers. In addition, possibly reflecting elements of the political agenda of Donald Trump, the opposition leader, Bill Shorten, has introduced a private members bill to review the 457 visa system.

The Migration Amendment (Putting Local Workers First) Bill 2016, calls for stronger testing, stricter licensing criteria for 457 workers and more restrictions for employers.

Not surprisingly, the ACTU is strongly in support of this bill, arguing that the system needs a complete review notwithstanding the fact that a comprehensive review was only recently finalised.

The biggest area of attack on the current scheme is the list of eligible occupations for 457 purposes. This list currently includes 651 occupations which many argue bears little resemblance to areas of general skills shortage.

Adding to the pressure for a further review system is the evidence of exploitation which has surfaced as a result of the 7 Eleven scandal, and more recently, potentially Caltex as well. Typically, employees of these organisations have been either 457 holders, backpackers or students with work rights, and there has been concern that in many cases employers have forced people to work for sub par wages and conditions with veiled threats of possible visa violation charges, and possible deportation if they do not accept terms which have been offered.

A recent statement by the Minister in Parliament makes it clear that the list of occupations will be looked at. Possibly we will also see more stringent labour market testing being introduced in the future.

Employers contemplating sponsoring someone for a 457 visa, or workers hoping to be sponsored should think about making an application as soon as possible prior to any changes being introduced.

 

 

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VISA UPDATE: Subclass 400 Visa (short term work visa)

You can apply for this visa if you need to enter Australia to undertake one of the following activities:


Highly specialised work

You can apply for this visa to do short-term, highly specialised, non-ongoing work in Australia if you have specialised skills, knowledge or experience that both:

• can assist an Australian business
• cannot reasonably be found in the Australian labour market.
  Highly specialised work is usually work that either:
• is done by people with an occupation listed in Major Groups 1, 2 or 3 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO),
  or
• requires skills and knowledge that are specific to an international company, such as installing imported equipment, after-sales service or emergency repairs

Invited participants

You can apply for this visa if you have been invited by an organisation to participate in a cultural or social event or events on a non-ongoing basis.

The inviting organisation must be both:

• operating lawfully in Australia
• directly responsible for the event or have a formal role in preparing for or conducting it.
• You cannot accept any salary, wages or other remuneration for participating in the event, other than:
• prize money
• appearance fees
• reimbursement for your reasonable expenses of doing the activity
• payments from your non-Australian employer.

You can apply for this visa if you are, for example, a sportsperson participating in specific events or touring as part of a sports team, a public lecturer, an artist, an author or a photographer.

This visa is not intended for business people attending a conference or taking part in meetings or business negotiations. You can apply for a Visitor visa (subclass 600)-Business Visitor stream instead (such as Visitor visa (subclass 600). 

Emergency Workers and Other Exceptional Circumstances

In very limited circumstances, this visa may be granted in Australia’s interest. In these cases, the department needs to be satisfied that the activity identified in the visa application is of national significance.

For example, this visa could be granted to emergency workers to come to Australia after a natural disaster.

NOTE: Your work or activity must be non-ongoing. This means that you can finish the work and activity in three months or less. Do not make arrangements to stay in Australia any longer than that. You also should not agree to being rotated through a position on a short-term basis as one of a number of overseas workers. If the work is ongoing, and even if your contract is less than three months, apply for a Temporary Work (Skilled) visa (subclass 457).

Generally you can stay in Australia for up to three months where required, but depending on your work or activity a longer period of up to six months may be allowed in limited circumstances.

 

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