The TSMIT has been increased to $53,900.00.
Before 1 July 2013 – The Temporary Skilled Migration Income Threshold was $51,400.
After 1 July 2013 – The TSMIT has been increased and is now $53,900.
The increase to the TSMIT will apply to all nomination applications which are decided on or after 1 July 2013, regardless of lodgement date. Standard business sponsors are required to pay their overseas workers the market salary rate. The increase to TSMIT means that where the market rate for a position is less than $53,900, the position cannot be nominated under the 457 program.
Nomination fee increase – 1 July 2013
Before 1 July 2013 – The subclass 457 visa nomination application fee was $85.
After 1 July 2013 – The subclass 457 visa nomination application fee will increase to $330.
457 Additional Fees now apply
Before 1 July 2013 – The application fee for the main applicant was $455. Spouse and dependent children could be included in the same application at no additional charge.
After 1 July 2013 – The application fee for the main applicant has been increased to $900. DIAC will now charge a $900 fee for each additional applicant over the age of 18 and $225 for each additional applicant under the age of 18 years. If applicants already hold a temporary visa they will be required to pay the new subsequent temporary applicant charge of $700.00.
Introduction of $700 Subsequent Temporary Application Charge
Before 1 July 2013 – No subsequent temporary application charge existed.
After 1 July 2013 – Applicants may now need to pay a Subsequent Temporary Application Charge when they lodge a visa application for certain temporary visas when already in Australia. The charge is $700 per liable applicant in addition to any other applicable visa fees and charges. This charge will not apply to the first visa that is granted when you are in Australia. This charge will be paid by each person in an application and is based on their individual temporary visa history. This charge will be paid in addition to any other visa charges that apply at the time of lodgement.
457 holders now have 3 months after they cease employment
Before 1 July 2013 – If the Subclass 457 visa holder ceases employment with the sponsor, the period which they have to obtain a new visa or depart Australia must not exceed 28 consecutive days.
After 1 July 2013 – If the Subclass 457 visa holder ceases employment with the sponsor, the period which they to obtain a new visa or depart Australia must not exceed 90 consecutive days.
Introduction of Labour Market Testing for 457s
The bill introducing labour market testing with regards to Subclass 457 visas was passed by parliament on friday, 28 June 2013. The date that the changes will commence has not yet been announced.
Evidence of labour market testing will now be required. Labour market testing must include information about the approved sponsor’s attempts to recruit suitably qualified and experienced Australian citizens or Australian permanent residents to the position and any other similar positions. This must include details of: any advertising (paid or unpaid) of the position, and any similar positions, commissioned or authorised by the approved sponsor; and fees and other expenses paid (or payable) for that advertising.
Sponsors are exempt from labour market testing if the position requires the applicant to hold a relevant bachelor degree or higher qualification, OR 5 years or more of relevant experience,
Sponsors are exempt from labour market testing if the position requires the applicant to hold a relevant associate degree, advanced diploma or diploma covered by the AQF; and 3 years or more of relevant experience.
Market salary rate exemption lifted to $250,000
Before 1 July 2013 – The market salary assessment exemption threshold was $180 000.
After 1 July 2013 – The market salary exemption threshold has been increased to $250 000.
Fast Food Industry
Before 1 July 2013 – The occupation of Café or Restaurant Manager was the only occupation unable to be used by employers in the Fast Food industry.
After 1 July 2013 – The Fast Food or Takeaway Food Services positions are now excluded from using three occupations – identified as being “occupations of concern for the Subclass 457 Temporary Work (Skilled) visa and the Subclass 186 Employer Nomination Scheme”. These three occupations are Cook, Chef and Café or Restaurant Manager.
Indicating how many workers an employer will sponsor
Before 1 July 2013 – Sponsors were able to sponsor and nominate unlimited subclass 457 visa holders.
After 1 July 2013 – Employers are restricted to sponsoring the number of subclass 457 workers that was approved in their sponsorship application over the term of their sponsorship. They can vary this number by applying for a variation to their sponsorship agreement. A sponsorship agreement will cease either when the number of nominations is reached or the time period expires (1, 3 or 6 years). Accredited sponsors will not be required to nominate the number of workers they intend to sponsor.
Skills assessments for generalist occupations
Before 1 July 2013 – Low skilled occupations not eligible to use the program could access it by being presented as a Program and Project Administrator or as a Specialist Manager not elsewhere classified because these are defined in general terms in the Australian and New Zealand Standard Classification of Occupations (ANZSCO).
After 1 July 2013 – The assessment of generalist occupations has now been strengthened. Program and Project Administrator and Specialist Manager not elsewhere classified applicants must undertake a formal skills assessment.
Occupation based exemptions to the English language requirement are removed
Before 1 July 2013 – Most occupations were exempt from the English language requirement with the exception of Technicians and Trade Workers.
After 1 July 2013 – Occupation based exemptions have now been removed. Other exemptions will remain unchanged including: a nominated salary that is over the ELSET (the English Language Salary Exemption Threshold) amount; a passport from Canada, United States of American , United Kingdom, Republic of Ireland and New Zealand, or have completed at least 5 consecutive years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English.
Restricted terms of sponsorship for start-up businesses
Before 1 July 2013 – The terms of sponsorship for start-up businesses were the same as standard business sponsors.
After 1 July 2013 – The term of sponsorship approval for start-up businesses has been amended to an initial 12 months and all subclass 457 visa holders sponsored by start-up businesses are limited to an initial 12 month visa.
English language requirement must be met
Before 1 July 2013 – English language exemption available for applicants whose annual earnings was going to be above the ELSET. If, after the grant of the visa, that sponsor made a new nomination with a salary lower than the ELSET, the visa holder was not required to demonstrate that they met the English requirement.
After 1 July 2013 – If renominated at a salary level lower than the ELSET, visa holders will be required to demonstrate that they either meet the English language requirement or continue to be eligible for exemption from it.
Ongoing requirement to train Australian citizens and permanent resident workers
Before 1 July 2013 – Businesses wishing to become standard business sponsors had to meet the training requirement by providing evidence.
After 1 July 2013 – Meeting the training benchmarks is now an ongoing and enforceable requirement rather than a commitment. In addition, sponsors will be obligated to maintain records relating to training. This includes start-up businesses (i.e. businesses trading for less than 12 months) who initially provide an auditable training plan. Previous sponsors must also demonstrate that they continued to meet the benchmarks during their sponsorship term when applying for a new sponsorship or varying the terms of their current sponsorship.
For additional information regarding any of the above changes please contact
firstname.lastname@example.org or phone 9346 8888