• Insights

Australia’s Immigration Department Ready to Take Action in 2017

March 7, 2017

Country / Territory

  • AustraliaAustralia

Related contacts

Teresa Liu

Teresa Liu

Managing Partner, Australia and New Zealand

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8518

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Teresa Liu

Teresa Liu

Managing Partner, Australia and New Zealand

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8518

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Teresa Liu

Teresa Liu

Managing Partner, Australia and New Zealand

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8518

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Teresa Liu

In Australia, 2016 was a year largely punctuated by minor legislative changes with respect to business focused visa programs.  It was also a year where the further simplification of the immigration program was extended to other sponsored visas through the introduction in late 2016 of a new “Temporary Activities Sponsor” class to replace six existing classes, including Training and Research and Entertainment classes. (See 2016 – Australian Immigration Highlights and Crackdowns by my partner Sasko Markovski).

In many respects, the Department of Immigration was focused on re-calibrating the balance between their own leaner resources and efficiencies and the desire for stronger decision-making within the work (subclass 457) visa and related visa programs.  

Fragomen were pleased to welcome our clients in a client-focused event held in Sydney on 1 March. Attendees were fortunate to hear directly from the Department of Immigration about its current priorities for 2017 and changes expected over the course of the year. The Department, amongst other things, confirmed their genuine willingness to continue to engage and consult with business and their counsel. Their comments were very well received by all attendees.

So What Should You expect in 2017?

With the resumption of Parliament and a Government resettling after its federal election win in July 2016, we expect that the Department will further focus their energies towards more deliberate assessment of applications before it and in the enforcement of sponsorship obligations with employers.

As it relates to the 457 visa program, this includes more attention applied by the Department of Immigration’s policy and processing officials to relatively new rules introduced in 2016 regarding non-discriminatory recruitment of foreign workers.

We also expect a more targeted approach to the genuineness of position rules, and the salary and salary package offered being at true local market rate.

The Department of Immigration continues to work closely with other government departments to identify anomalies in certain sectors and occupations where there is particularly higher than expected usage of the 457 visa program.  We understand for instance that findings and recommendations are shortly due to the Minister of Immigration regarding the current Consolidated Skills Occupation List (CSOL). This list details the occupations that are potentially sponsorable under the 457 visa program. We expect decisions to be made soon regarding a number of occupations that will likely be removed from the current list. This will have a significant and immediate impact on some sponsors.

With there being no sense of a softening in approach given the broader context of the current economic climate, the Department has restated their position that it and its officers are ultimately guided by the principle that the program should only be utilized where Australian nationals and permanent residents cannot legitimately fill those roles.

At the same time, the Accredited Sponsorship program introduced on 1 July that offers certain sponsors more streamlined processing, has not been taken up as fully as the Department had expected. As a result, we expect some further adjustments to that program to enable more compliant and low risk sponsors to utilize the program.

Lastly, Labour Agreements, which afford concessions to potential sponsors or industry sectors from the standard requirements, will sit more directly under the purview of the Department of Immigration’s 457 visa program management area. This should enable a better alignment with the standard 457 visa program. Fragomen has a dedicated Labour Agreement practice that assists clients who seek concessions.

What About Immigration Compliance and Enforcement?

We expect an even greater targeted and risk based approach to the monitoring of sponsors and their compliance with the sponsorship program and more generally to the employment of foreign workers.

With the continued cooperation between government bodies, including data matching initiatives and intelligence sharing with the *FWO, ATO and ASIC, our Advisory and Compliance practice at Fragomen has already seen greater targeting and identification of industries and sponsors as part of the support and assistance they offer to clients. This resulted in some 1200 sponsors being monitored in 2016, more than 40% being determined to be non-compliant, and a significant percentage then being sanctioned.

The Monitoring section at the Department of Immigration is also conducting site visits for the purposes of integrity checking in respect of employer sponsored permanent residence applications. This reflects the greater scrutiny similarly being applied by the Department’s permanent residence division in its processing of permanent residence applications.

The Balancing Act for 2017

So for businesses who access the 457 work visa program, related programs and the employer nominated permanent residence program, we expect further and more targeted policy and processing changes, including in the identification of sponsors who will be monitored. At the same time, the Department recognizes the need to fill skills gaps in order to meet what are ever increasing pressures on business and are looking at ways to improve processing and processing times for compliant sponsoring employers. This is an ongoing and difficult balancing act.

* FWO (Fair Work Ombudsman), ATO (Australian Taxation Office), ASIC (Australian Securities and Investments Commission)

Country / Territory

  • AustraliaAustralia

Related contacts

Teresa Liu

Teresa Liu

Managing Partner, Australia and New Zealand

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8518

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Teresa Liu

Teresa Liu

Managing Partner, Australia and New Zealand

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8518

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Teresa Liu

Teresa Liu

Managing Partner, Australia and New Zealand

Sydney, Australia

Email

[email protected]

T:+61 2 8224 8518

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger discusses how recent immigration developments may affect the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence for U.S. employers recruiting and retaining early-career international talent.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Blog post

Polish Citizenship by Descent: A Practical Guide for 2026

Poland Immigration Strategy Director Tomasz Rogala, Senior Associate Tomasz Rdzanek and Senior Immigration Consultant Paulina Fołta-Cisak discuss who may qualify for Polish citizenship by descent, how historical events can affect a claim and what applicants should expect from the 2026 confirmation process.

Learn more

Media mentions

ABC News: What Australia can learn from 165 years of migration data

Senior Counsel Anna Boucher is quoted in ABC News regarding Australia's migration debate and what more than 165 years of migration data reveals about long-term immigration trends.

Learn more

Blog post

Swiss Immigration Quotas 2026: Are Work Permit Quotas Likely to Run Out Before Year-End?

Senior Immigration Consultant Alessandra Rüede discusses Switzerland’s 2026 work permit quota utilisation and what current availability, canton-level allocation practices and processing considerations mean for employers planning international hiring and mobility.

Learn more

Blog post

From Investment to Merit: Malta’s Citizenship Reset

Director Isobel Neilson and Manager Sophie Jo Wasson discuss Malta’s shift from citizenship by investment to merit-based naturalisation and outline what may contribute to a compelling application based on exceptional merit and national interest.

Learn more

Fragomen news

Letter to ICE/Student and Exchange Visitor Program on Curricular Practical TrainingLearn more

Blog post

Right to Work Changes from 1 October 2026: Why Employers Need to Act Now

Partner Naomi Goldshtein discusses the UK Right to Work changes taking effect from 1 October 2026 and what employers should do now to strengthen identity verification, workforce oversight and compliance across direct and extended worker populations.

Learn more

Awards

Senior Associate Tuğba Özyakup Appointed to Dutch Bar Legislative Committee on Immigration Law

Senior Associate Tuğba Özyakup has been appointed to the Dutch Bar’s Legislative Committee on Immigration Law, where she will contribute input and advice on proposed and existing immigration legislation.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
September 18, 2026 | AustraliaAustralia: Further Migration Reforms to Reduce Net Overseas Migration Announced
September 18, 2026 | AustraliaAustralia: Skilled Visa Processing Priorities Revised
September 18, 2026 | AustraliaAustralian Broadcasting Corporation: Overnights
September 18, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
September 18, 2026 | AustraliaAustralia: Further Migration Reforms to Reduce Net Overseas Migration Announced
September 18, 2026 | AustraliaAustralia: Skilled Visa Processing Priorities Revised
September 18, 2026 | AustraliaAustralian Broadcasting Corporation: Overnights
September 18, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
September 18, 2026 | United StatesUnited States: New Executive Order Directs Federal Agencies to Consider Layoff Activity and Labor Market Data in H-1B Adjudications
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.