Country / Territory
Related contacts
Related contacts
Related contacts
By: Sasko Markovski
Another year has almost drawn to an end, and over the past month the 457 visa category has made the media headlines again.
The opposition Labor party have signalled their intention that in 2017 they will be pushing for a change to the 457 program in an effort to the reduce the impact of foreign workers in industry sectors where unemployment remains high. Based upon the recent response from the Government, we can expect to see some occupations taken off the 457 list, as well as others measures to manage the integrity of the program.
Immigration has also been a hot topic recently with a number of leading Australian think tanks releasing reports on migration, promoting debate on the current migration program and its impact upon the economy and labour markets.
Minor changes to 457 visa program
Over the course of 2016, we have seen minor legislative changes to the 457 program, with a greater focus by the Department of Immigration on initiatives to improve case processing and the quality of decision making. The Department introduced a new tiered processing model in July, and many large users of the 457 program have taken advantage of their ability to obtain accredited status, which has enabled their “low risk” applications be streamlined and prioritised. To alleviate ongoing caseload pressure across their network, the Department also introduced a new case allocation model to help reduce processing times for non-accredited sponsors.
Ongoing Concerns
Ongoing concerns remain at the Department with respect to the nomination of certain occupations where integrity issues often arise, or where there is regular compliance enforcement activity against certain business profiles. With the government looking to reduce the number of occupations from the 457 list, it is possible that some of these occupations may be culled, which range from “professional” to “trade” level roles.
The reduction of time that a 457 visa holder can remain in Australia after their employment ceases from 90 to 60 days was introduced in November to improve the integrity of the program. 457 visa holders still have what would be considered a reasonable time to find alternative employment, obtain another type of visa, or depart Australia.
From November it also became more difficult for certain adult dependent children to be included as part of the family unit on a 457 application, with an upper age limit of 23 being imposed, unless the child is physically incapacitated for work. This change to the definition of “member of family unit” also impacts other family unit members such as widowed parents who previously were often able to be included on applications.
The Government continued with its overall intention of consolidating visa classes, and introduced a new “Temporary Activities Sponsor” class to replace six existing classes, including Training and Research and Entertainment classes. We can expect to see this consolidation plan continue in 2017, as well as expanding the number of visa categories where online lodgement is available.
Finally, as part of its “Supporting Innovation Through Visas” initiative, a new pathway for Entrepreneur’s was introduced by the Government to encourage high calibre entrepreneurs to develop their ideas in Australia; and changes to the skilled migration program were also introduced to enhance residency pathways for certain foreign students completing qualifications in STEM and ICT fields.
What to expect
So we can expect to see 457 visas back on the political agenda early in the New Year once Parliament resumes. On one side we have Labor, and some Independent and Coalition MP’s pushing for a 457 crackdown, and the Government on the other side needing to take a more measured approach that will not only address the concerns of business and the electorate, but also ensure the overall integrity of the 457 program is maintained. Not an easy task in the current political environment.
Country / Territory
Related contacts
Related contacts
Related contacts
Explore more at Fragomen
Blog post
Associate Nabauia Safi outlines how Article 116 (2) restores German citizenship to descendants of those persecuted during the National Socialist dictatorship.
Awards
Awards
Fragomen’s Salt Lake City office is named one of Utah Business’s 2024 "Best Companies to Work For."
Blog post
Partner Hyla Kaplan Rosenberg and Senior Associate Elizabeth Brettschneider discuss the eligibility and application process for marriage-based green cards for foreign nationals married to US citizens.
Video
Neste Mobility Minute, a Sócia Diana Quintas explora a proposta de Visto Verde do Brasil.
Podcast
Senior Manager Lindiwe Mapota interviews Director Johannes Kgotso Tiba on the long-anticipated publication of the Points-Based Immigration System (PBIS).
Blog post
Senior Consultant Lauren Penny and Consultant Daniel Heymann discuss how Israel is leading the charge with AI and immigration.
Fragomen news
Partner Ryan Freel is elected to the Houston Relocation Professionals' Board of Directors for 2025.
Blog post
UK Government Affairs Strategy Lead Shuyeb Muquit dives into the UK's shifting net migration trends.
Blog post
Senior Immigration Consultant Konstantin Schmid shares what employers and workers need to know about 2025 Swiss immigration quotas.
Media mentions
Senior Manager Deirdre Murray discusses the recent legislative changes to Ireland’s employment permits.
Fragomen news
Fragomen's Gemma Hyslop, Andreia Florina Ghimis and Ana Sofia Walsh review ODI Global's new report.
Blog post
Associate Nabauia Safi outlines how Article 116 (2) restores German citizenship to descendants of those persecuted during the National Socialist dictatorship.
Awards
Awards
Fragomen’s Salt Lake City office is named one of Utah Business’s 2024 "Best Companies to Work For."
Blog post
Partner Hyla Kaplan Rosenberg and Senior Associate Elizabeth Brettschneider discuss the eligibility and application process for marriage-based green cards for foreign nationals married to US citizens.
Video
Neste Mobility Minute, a Sócia Diana Quintas explora a proposta de Visto Verde do Brasil.
Podcast
Senior Manager Lindiwe Mapota interviews Director Johannes Kgotso Tiba on the long-anticipated publication of the Points-Based Immigration System (PBIS).
Blog post
Senior Consultant Lauren Penny and Consultant Daniel Heymann discuss how Israel is leading the charge with AI and immigration.
Fragomen news
Partner Ryan Freel is elected to the Houston Relocation Professionals' Board of Directors for 2025.
Blog post
UK Government Affairs Strategy Lead Shuyeb Muquit dives into the UK's shifting net migration trends.
Blog post
Senior Immigration Consultant Konstantin Schmid shares what employers and workers need to know about 2025 Swiss immigration quotas.
Media mentions
Senior Manager Deirdre Murray discusses the recent legislative changes to Ireland’s employment permits.
Fragomen news
Fragomen's Gemma Hyslop, Andreia Florina Ghimis and Ana Sofia Walsh review ODI Global's new report.