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You may be aware from recent articles in the media that concerns have been raised about possible exploitation of visa holders in the Temporary Business (Long Stay) Visa program – the subclass 457 visas. These concerns have centred on the issues of low salaries and the number of hours that visa holders are required to work.
In response to these concerns, the government has made a number of changes to the legislation governing these visas, with the changes to have effect from 1 July 2006. The changes may affect some approved Business Sponsorships and Nominations already in place. The Department of Immigration will shortly be writing to all those affected by the changes, both to advise them of the impact of the change and to seek their agreement to meeting the specified working hour and salary level requirements. Such agreement will be a prerequisite for the grant of any further visas under the approved Sponsorships/Nominations.
The essence of the legislative changes is that all minimum salary levels must be calculated based on a 38 hour week and that nominated salary levels must be at least the relevant current gazetted minimum salary level.
Holders of Business Sponsorships/Nominations that were approved before 1 July 2006 and for which Visas have not yet been granted to the nominated overseas employees will be required to agree to the current salary level and the 38 hour requirement before further visas will be granted. This requirement will apply even though the Sponsorship or Nominations may have been approved on the basis of earlier specified minimum salary levels. As an example Sponsorships/Nominations may have been approved on the basis of the $39,100 minimum current prior to 24 April 2006. However, if related Visa applications are either lodged after or as yet not finalised on 1 July 2006, the Sponsor must agree to the current specified minimum ($41, 850) being paid before visas will be granted.
Because the minimum salary levels are adjusted periodically in line with Australian labour market norms, this legislative change will have an ongoing impact.
Should you have any questions regarding the impact of these changes, please contact:
For information about
the Migration Agents Code of Conduct see
www.themara.com.au/mara/reference/conduct/
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