In a clear response to the economic downturn in Australia, employers of overseas workers on 457 visas will need to meet tougher assessment criteria when applying for sponsorships, nominations or visas. The new assessment criteria were introduced without warning and are effective immediately.
All applications will need to meet a range of more stringently assessed criteria including:
- how the position to be filled by an overseas worker, or the employment of the visa applicant, will benefit Australia;
- in some cases, demonstrating that the skills and attributes required for the role could not be found locally;
- in some cases, demonstrating that the individual visa applicant has a demonstrably higher level of skill than can be sourced within Australia; and
- that the total remuneration package reflects the average remuneration for that occupational grouping.
This effectively requires sponsors to pay 'market rates', not just the gazetted
Minimum Salary Level (MSL).
Conclusion
As a consequence of these requirements, all applications for visas, nominations and sponsorship or sponsorship renewal will require written submissions addressing the above criteria.
Hall & Wilcox's
Migration Services team offer strategic advice and practical assistance by registered migration agents. We provide advice and assistance with temporary and permanent visa applications for work, training or other purposes; develop risk strategies to ensure compliance with sponsorship obligations and immigration laws; and formulate appropriate HR policies and employment contracts for expatriate employees.
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