The Minister for Immigration & Citizenship, Senator Chris Evans, has announced the Government’s acceptance of 14 of the 16 recommendations made by the External Reference Group (ERG) regarding the arrangements for bringing expatriate workers to Australia, particularly under the 457 Temporary Business visa. The ERG was appointed to review these arrangements on behalf of the Government.
The Government’s response acknowledges that access to global skills is essential for Australian businesses to remain competitive, and that skill shortages are likely to increase in future. Temporary skilled visa grants are expected to increase by 17% this financial year.
The recommendations address both short and long term initiatives.
Streamlining application and approval processes
- Additional resources will be allocated to clear the existing backlog of 457 applications in the pipeline by 30 June 2008.
- Specialist centres of excellence are to be established in Melbourne, Sydney and Perth by July 2008. Specialised industry and sector based teams will facilitate the processing of 457 visa applications. The Department of Immigration & Citizenship (DIAC) will also expand industry and outreach programs, and develop guidelines and provide training to industry to increase the number of ‘decision ready’ applications that can be processed more quickly.
- Employers with a good track record of immigration and workplace compliance will have access to fast track processing of 457 visa applications. Mechanisms for identifying such employers are currently being developed.
- English language testing arrangements are to be made more flexible. Applications for many trade skill applicants are significantly delayed due to the requirement for English language testing, and long waiting times for language test appointments. Alternative mechanisms for English language testing will be provided to improve access and reduce delays.
Eliminating duplication and unnecessary administration
- 457 application procedures will be reviewed to remove unnecessary steps and streamline processes.
Improving the use of Government resources
Staff training is to be boosted, especially in relation to effective risk management, to speed up decisions for ‘low risk’ applications. Risk management approaches are to be developed to allow resources to be better targeted towards higher risk applications.
Providing greater flexibility
- DIAC and the Department of Education, Employment & Workplace Relations (DEEWR) will investigate processes to improve the program for small business and infrequent users. More flexible training requirements and the use of on-hire firms or industry representative bodies to meet all sponsorship requirements will be considered.
- Labour agreements will be promoted for large projects in the national interest and of significant economic benefit to Australia. Information on labour agreement criteria and procedures will be improved, and consideration will be given to establishing dedicated teams to facilitate labour agreement applications.
- Consideration will be given to making it easier for 457 visa holders to move from one employer to another.
Competitiveness and long term planning
- DIAC will regularly review and benchmark practices against comparable countries to ensure Australia remains competitive in the international labour market.
- The Government will develop a long term strategy to respond to aggregate labour market and skill needs and population trends. Specific reference will be made to the role of temporary and permanent migration in responding to structural changes in the composition of the population and labour force.
- A review of the ERG recommendations will be undertaken two years after their introduction to evaluate outcomes.
Conclusion
The allocation of additional resources to reduce backlogs and the establishment of centres of excellence by July 2008 will be welcome news to many businesses currently experiencing delays. However it can be expected that it will take some months for these changes to take effect. What is certain is that for the next six to twelve months there will be further significant changes to the existing 457 visa and labour agreement arrangements.
Hall & Wilcox's
Migration Services team offer strategic advice and practical assistance by registered migration agents. We are able to 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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