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Changes introduced to the 457 visa from 19 April 2016


Written By Michael Walker
Tue, Apr 19, 2016
Michael Walker

The Federal government has introduced a couple of changes to the 457 visa from 19 April 2016. The first in relation to non-discriminatory recruitment practices and the other around the simplification of English language exemptions. In summary an employer has to provide a written declaration that they did not purposely exclude Australian residents or citizens from the job search process. The English language changes should cut some red-tape and duplication, making it easier for some applicants.

Details are listed below:

Non–discriminatory recruitment practices
Following the 457 Integrity review where concerns were raised that the current attestation provided by sponsors in terms of non-discriminatory employment practices was not binding, and as such, the Department was unable to take action when an employer acted in a manner contrary to this.

The regulations are being strengthened so that sponsors must declare that they will not engage in discriminatory recruitment practices and also comply with a new obligation not to engage in discriminatory recruitment practices. According to the Department of Immigration “ The new obligation seeks to address a community concern that some employers may be relying on the 457 visa programme to employ foreign workers without having regard to the availability of local labour.”

Sponsors should keep a record to demonstrate how subclass 457 visa holders were recruited and that this process did not discriminate based on citizenship or visa status.

Simplification of English Language Exemptions
457 visa applicants will be exempt from the Department’s English language testing requirements if they have already met the same, or better, English language requirements to gain an occupational license or registration. Where registration and licencing authorities impose and assess English language requirements there is now no requirement for the Department to require the same or equivalent evidence via specified test results.

If you would like more information please contact TSS Immigration on (03) 9421 1020.

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