457雇主担保工作签证最新修改提案
 

在昨日的国际新闻社午餐会上，移民部长Scott Morrison 对于最新的457签证最新修改提案表示赞赏。据称，该提案中的22项修改建议十分的“中肯且慎重”。Morrison部长并没有详细说明该修改提案具体实行的时间，但他表示，政府可能会在接下来的几个月内做出详尽的回应。
 

该提案针对457签证所提出的22条建议涵盖面之广，覆盖了大部分申请人及雇主所担忧的问题。其中，尤为值得一谈的提议包括针对于职业清单、最低工资的要求、培训要求、语言要求、职位真实性问题及担保资格的有效期的修改。
 

职业清单变化
该建议指出，现有的担保职业清单（CSOL）上的职业应该被保留，但同时，应采取两种方式来修改该职业清单。其一，允许加入一些存在于我们生活当中但却不在担保职业清单上的职业；其二，允许在特殊情况下修改职业清单。
 

最低工资要求
尽管最近出现一些关于废除最低工资要求的争论，建议依然保留该要求。但好消息是：
· 目前的最低工资要求 53900澳币在两年之内不会改变
· 如果工资与该最低要求相差不超过10%，依然有可能被考虑
· 针对偏远地区，考虑适当地降低工资要求
 

培训要求
该提案建议每年培训费用的数额应该取决于担保人数以及公司规模，而不是仅仅取决于所有员工的工资总和。
 

语言要求
该提案建议：
· 将现有的雅思4个5的要求修改为雅思总分5分
· 针对特定的行业或企业降低雅思要求
· 增加其他语言测试
· 增加免语言要求的国家
· 通过在特定国家学习来免语言要求的情况，将学习时间从连续5年改为累计5年
 

职位真实性
该提案建议在做出决定之前，担保人应有机会对签证官的怀疑做出解释。
 

担保资格有效期
该提案建议：
· 将担保资格的有效期从现有的3年延长至5年，新公司担保资格从现有的12个月延长到18个月
· 简化担更新担保资格的流程
 

457转永居缩减为一年
 

l 457签证持有者在原雇主公司工作满一年后就可以申请186/187 PR, 大大缩减工作的时间。
 

请参考以下具体的22 项建议：
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 government agencies.