One aim of the migration program is to meet the skills shortage in Australia. This year, the declining economy and increase in unemployment figures resulted in the government reviewing its migration program.

Changes to the subclass 457 (business long stay) visa

This visa allows an employer to sponsor an overseas employee for a period of up to four years.

Recent changes to the subclass 457 (business long stay) visa mean that employers are now unable to sponsor overseas workers for this visa in certain industry sectors, such as in the clerical, sales, service, production and transport industries. However, employers still wish to obtain the services of overseas workers in these industry sectors because they are unable to fill long-term vacancies that exist in their business or company with Australian residents.

Alternative options available

If you are an employer that was seeking to employ or renew sponsorship of an overseas worker in an industry sector that is now excluded from the subclass 457 (business long stay) visa, then you may consider other options which are:

• Employer Nomination Visa: Unlike the subclass 457 (business long stay) visa which is a temporary visa, this visa allows an employer to sponsor an employee for permanent residence.
  
  Whilst the employer will need to nominate the position, because the application is for permanent residence, the employer is not subject to the ongoing sponsorship obligations that are required with the subclass 457 (business long stay) visa.
  
  
• Labour Agreement: Labour Agreements are formal agreements between the government and employers or industrial associations.
  
  Labour Agreements allow for the recruitment of a number of overseas employees for either a temporary or permanent residence visa. These agreements are particularly well suited to on-hire firms seeking to recruit workers to hire out to other businesses and companies in the meat industry that are excluded from other sponsored programs.
  
  

Achieving the Impossible

The Department of Immigration and Citizenship advises that it takes approximately six months for a decision to be made on an Employer Nomination Scheme visa. Recently, an Employer Nomination Scheme visa was lodged by our migration lawyer, Angel Chambers, and a decision was made to grant the visa the next day! Understandably, the employer and employee were ecstatic that this permanent resident visa was granted in one day.

If you would like to discuss whether an employer sponsored visa is available to you, please do not hesitate to contact Angel Chambers on
T: 03 8600 8832 or E: achambers@kligers.com.au

For information about how we can assist you in Migration please visit our Services section.