Released on: April 10, 2008, 12:48 am

Press Release Author: - the Australians

Industry: Internet & Online

Press Release Summary: Changes to Minimum Salary Levels & Occupations for Subclass
457 visas

Press Release Body: These include to:

(i) remove occupations covered by an industry labour agreement from being nominated
under Subclass 457 Standard Business Sponsorship arrangements;

(ii) redefine certain other occupations that may be nominated under Subclass 457
Standard Business Sponsorship arrangements;

(iii) clarify the methodology for calculating the level of salary for the purposes
of defining the minimum salary level;

(iv) specify a new minimum salary level with respect to applicants who met the
subclause 457.223(6) exemption to the English language requirement; and

(v) provide illustrative examples to assist employers and visa holders in verifying
whether or not the level of salary paid to the visa holder is at least the minimum
salary level.

From 10 September 2007, the Migration Regulations 1994 ('the Regulations\') were also
amended to:

clarify that a nomination by a standard business sponsor of a position in which a
Subclass 457 visa holder is proposed to be employed in Australia may not be approved
if the occupation is no longer specified in a relevant Gazette Notice at the time
the nomination is decided

*clarify that a nomination by a standard business sponsor that cannot be approved
because the occupation has ceased to be specified in the relevant Gazette Notice may
still be approved if the nominator has become a party to a labour agreement which
covers the nominated position

*provide that an application for a Subclass 457 visa on the basis of sponsorship by
a standard business sponsor for an approved nomination may not be approved if, at
the time of decision, the occupation to which the approved nomination relates is no
longer specified in the relevant Gazette Notice

*clarify that a Subclass 457 visa that cannot be granted on the basis of sponsorship
for an approved nomination because the occupation relevant to the nomination is no
longer specified in the relevant Gazette Notice, may still be granted on the basis
of there being an approved nomination if the sponsor has become a party to a labour
agreement that covers the nominated position

*provide for refunds of the nomination fee and visa application charge in certain
circumstances where approval of a nomination or visa grant is prevented due to a
change in the relevant Gazette Notice

*implement a suggestion of the Senate Standing Committee on Regulations and
Ordinances by inserting Notes in the Principal Regulations, as relevant, to clarify
by way of an example circumstances under which the Minister may consider it
reasonably appropriate to approve an application for approval as a sponsor or a
nomination, although adverse information may be known about the applicant or
sponsor, or the applicant or sponsor may be under investigation in relation an
alleged breach of an undertaking or a law of the Commonwealth or a State or
Territory.

Source: DIAC at http://www.immi.gov.au/legislation/amendments/lc10092007_2.htm

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