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1 
Scott Strain 
UKTI Australia Director for Trade 
Anthony Hughes 
ASG Immigration
Agenda 
• Brief overview of the Australian labour market 
• Australia’s 457 Migration team
3 
In partnership with: 
A comparison with Australia 
Australia UK 
Population 23.3 million 64.1 million 
Global GDP ranking 12th (IMF 2013) 6th 
GDP growth est. 2014 2.6% 2.9% 
GDP per capita ($US 
US$61,137 $43,803 
2014) 
Ease of doing business 
(World Bank 2013) 
111h 10th 
Unemployment (July 2014) 6.4% (ABS) 6.4% 
Land mass – sq km 7 692 000 242 000
In partnership with: 4 
Australia: it’s bigger than you think
UNCLASSIFIED
Where are the jobs? 
6 
4000 
3000 
2000 
1000 
0 
NSW 
VIC 
QLD 
SA 
WA 
TAS 
NT 
ACT 
'0 persons 
February 2013 
February 2014 
2000 
1500 
1000 
500 
0 
NSW 
VIC 
QLD 
SA 
WA 
TAS 
NT 
ACT 
'0 persons 
February 2013 
February 2014 
Overall employment by State & 
Territory 
Skilled employment by State
Unemployment Rates 
7
Trends in vacancy rates 
8 
Source: Department of Employment Vacancy Report
Change in Employment by Industry 
-14 -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 14 
Agriculture, Forestry and Fishing 
Mining 
Manufacturing 
Electricity, Gas, Water and Waste Services 
Construction 
Wholesale Trade 
Retail Trade 
Accommodation and Food Services 
Transport, Postal and Warehousing 
Information Media and Telecommunications 
Financial and Insurance Services 
Rental, Hiring and Real Estate Services 
Professional, Scientific and Technical Services 
Administrative and Support Services 
Public Administration and Safety 
Education and Training 
Health Care and Social Assistance 
Arts and Recreation Services 
Other Services 
 Decrease Increase  
9 
Source: Department of Employment
Australian 457 work visas 
A Practical Guide 
Anthony Hughes, ASG Immigration 
16th October 2014
Introduction 
• The 457 visa program is designed to enable businesses to 
address Australian labour market skills shortages 
• Driven by employer demand 
• Australia’s most commonly used method of employing 
overseas workers 
• The program involves a 3 stage process: 
a)Standard Business Sponsor application 
b)Nomination application 
c)Visa application
Which businesses can use the program? 
• Employers lawfully operating a business inside or outside of 
Australia 
• Overseas employers can use the program if they want to 
establish a business operation or fulfil a contractual obligation 
in Australia - overseas employers do not need to meet the 
‘Training Benchmarks’ 
• Standard business sponsorship applications are normally 
approved for a period of three years
What obligations do I have as a Sponsor? 
• Australian businesses must establish their commitment to the 
training of Australians by lodging evidence of meeting either Training 
Benchmark A or B 
• Training Benchmark A - pay the equivalent of at least 2% of company 
payroll to an industry training fund for the training of Australian 
citizens or permanent residents 
• Training Benchmark B - spend the equivalent of at least 1% of payroll 
on training Australian citizen or permanent resident employees 
• Businesses trading for less than 12 months are required to lodge a 
‘training plan’ 
• Meeting the Training Benchmarks is an ongoing obligation
What obligations do I have as a Sponsor? 
• Ensure terms and conditions of employment for 457 holder are 
no less favourable those that the sponsor provides or would 
provide to an Australian citizen or permanent resident 
• Notify the DIBP of the cessation or expected cessation of a 
primary 457 holder’s employment within 10 working days 
• Notify the DIBP of a change to the work duties carried out by a 
primary 457 employee within 10 working days 
• Advise DIBP if the sponsor has paid return travel costs to enable 
the 457 employee to leave Australia
How is the salary of a 457 employee 
determined? 
• Lowest acceptable salary under the 457 program is $53,900 per annum 
• Employers must also make a minimum contribution to a superannuation 
fund of the employee’s choice, currently 9.5% of the employees annual 
salary 
• Employers must pay visa employees a ‘market rate’ salary equivalent to the 
rate paid to Australian employees performing a similar role 
• If no Australian employees performing a similar role then the ‘market rate’ 
can be determined by remuneration surveys, collective agreement or 
awards or job advertisements 
• Employers offering a salary in excess of $250k per annum are exempt 
from market salary testing
How do I nominate a position for a 
457 visa? 
• Identify a position to be filled by an overseas skilled worker 
• The nominated occupation must be one listed in the Skilled 
Occupation or Consolidated Skilled Occupation List 
• To lodge a valid nomination the employer/ company must have 
already lodged a sponsorship application, had a previous 
sponsorship approved or applied for sponsorship at the same 
time as the nomination application
What is Labour Market Testing? 
• Commenced on the 23rd November 2013 and requires sponsors to 
test the local labour market within a 12 month period prior to 
lodging a nomination application 
• Employers must provide information with their nomination about 
attempts to recruit Australian workers 
• There are exemptions from the LMT requirement 
• ANZSCO Skill Level 1 – Bachelor degree of 5 years or more 
relevant experience required for nominated occupation 
• ANZSCO Skill Level 2 - Associate degree, advanced diploma or 
three years or more relevant experience required for nominated 
occupation 
• ‘Protected’ occupations cannot be exempted from LMT. These are 
mainly engineering and nursing positions
Who can apply for a subclass 457 visa? 
• Applications for a subclass 457 visa can be made by individuals 
nominated by an approved standard business sponsor for a 
skilled occupation on the list of eligible occupations and who 
meet the skill requirements for the nominated occupation 
• A 457 visa holder can bring eligible dependents with them to 
Australia and dependent family members are able to make a 
combined application
Are there any English language 
requirements? 
• 457 visa applicants are required to demonstrate a level of English 
language proficiency unless they are ‘exempt’ 
• Nationals of the UK, USA, Canada, Republic of Ireland or New 
Zealand are exempt from the language requirements 
• Nominated in an occupation that does not require English language 
competency for grant of registration, licence or membership and has 
completed at least 5 years consecutive full-time study in a secondary 
and/or higher education institution 
• Paid a salary in excess of $96,400 
• English language proficiency is normally established by the applicant 
lodging an International English Language Testing system test result 
with a score of at least 5 in each of the four test components
Health and Character requirements? 
• A 457 visa applicant and dependent family members must be 
able to meet health requirements for the grant of the visa 
• DIBP may request applicants to undergo a health examination 
depending on the applicant’s country of origin or residence, 
the intended period of stay or intended activities 
• To be granted a 457 visa, applicants must be of good character 
and DIBP may request police certificates for each country that 
an applicant has lived in for 12 months or more over the last 
ten years
Australian 457 work visas 
A Practical Guide 
Anthony Hughes, ASG Immigration 
Level 19, 1 O’Connell Street. Sydney NSW 2000 
anthony.hughes@asgvisa.com 
+61 (0) 2 8901 3834
Questions 
22

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UKTI Australia - transferring staff to Australia - 457 visa webinar presentation

  • 1. 1 Scott Strain UKTI Australia Director for Trade Anthony Hughes ASG Immigration
  • 2. Agenda • Brief overview of the Australian labour market • Australia’s 457 Migration team
  • 3. 3 In partnership with: A comparison with Australia Australia UK Population 23.3 million 64.1 million Global GDP ranking 12th (IMF 2013) 6th GDP growth est. 2014 2.6% 2.9% GDP per capita ($US US$61,137 $43,803 2014) Ease of doing business (World Bank 2013) 111h 10th Unemployment (July 2014) 6.4% (ABS) 6.4% Land mass – sq km 7 692 000 242 000
  • 4. In partnership with: 4 Australia: it’s bigger than you think
  • 6. Where are the jobs? 6 4000 3000 2000 1000 0 NSW VIC QLD SA WA TAS NT ACT '0 persons February 2013 February 2014 2000 1500 1000 500 0 NSW VIC QLD SA WA TAS NT ACT '0 persons February 2013 February 2014 Overall employment by State & Territory Skilled employment by State
  • 8. Trends in vacancy rates 8 Source: Department of Employment Vacancy Report
  • 9. Change in Employment by Industry -14 -12 -10 -8 -6 -4 -2 0 2 4 6 8 10 12 14 Agriculture, Forestry and Fishing Mining Manufacturing Electricity, Gas, Water and Waste Services Construction Wholesale Trade Retail Trade Accommodation and Food Services Transport, Postal and Warehousing Information Media and Telecommunications Financial and Insurance Services Rental, Hiring and Real Estate Services Professional, Scientific and Technical Services Administrative and Support Services Public Administration and Safety Education and Training Health Care and Social Assistance Arts and Recreation Services Other Services  Decrease Increase  9 Source: Department of Employment
  • 10. Australian 457 work visas A Practical Guide Anthony Hughes, ASG Immigration 16th October 2014
  • 11. Introduction • The 457 visa program is designed to enable businesses to address Australian labour market skills shortages • Driven by employer demand • Australia’s most commonly used method of employing overseas workers • The program involves a 3 stage process: a)Standard Business Sponsor application b)Nomination application c)Visa application
  • 12. Which businesses can use the program? • Employers lawfully operating a business inside or outside of Australia • Overseas employers can use the program if they want to establish a business operation or fulfil a contractual obligation in Australia - overseas employers do not need to meet the ‘Training Benchmarks’ • Standard business sponsorship applications are normally approved for a period of three years
  • 13. What obligations do I have as a Sponsor? • Australian businesses must establish their commitment to the training of Australians by lodging evidence of meeting either Training Benchmark A or B • Training Benchmark A - pay the equivalent of at least 2% of company payroll to an industry training fund for the training of Australian citizens or permanent residents • Training Benchmark B - spend the equivalent of at least 1% of payroll on training Australian citizen or permanent resident employees • Businesses trading for less than 12 months are required to lodge a ‘training plan’ • Meeting the Training Benchmarks is an ongoing obligation
  • 14. What obligations do I have as a Sponsor? • Ensure terms and conditions of employment for 457 holder are no less favourable those that the sponsor provides or would provide to an Australian citizen or permanent resident • Notify the DIBP of the cessation or expected cessation of a primary 457 holder’s employment within 10 working days • Notify the DIBP of a change to the work duties carried out by a primary 457 employee within 10 working days • Advise DIBP if the sponsor has paid return travel costs to enable the 457 employee to leave Australia
  • 15. How is the salary of a 457 employee determined? • Lowest acceptable salary under the 457 program is $53,900 per annum • Employers must also make a minimum contribution to a superannuation fund of the employee’s choice, currently 9.5% of the employees annual salary • Employers must pay visa employees a ‘market rate’ salary equivalent to the rate paid to Australian employees performing a similar role • If no Australian employees performing a similar role then the ‘market rate’ can be determined by remuneration surveys, collective agreement or awards or job advertisements • Employers offering a salary in excess of $250k per annum are exempt from market salary testing
  • 16. How do I nominate a position for a 457 visa? • Identify a position to be filled by an overseas skilled worker • The nominated occupation must be one listed in the Skilled Occupation or Consolidated Skilled Occupation List • To lodge a valid nomination the employer/ company must have already lodged a sponsorship application, had a previous sponsorship approved or applied for sponsorship at the same time as the nomination application
  • 17. What is Labour Market Testing? • Commenced on the 23rd November 2013 and requires sponsors to test the local labour market within a 12 month period prior to lodging a nomination application • Employers must provide information with their nomination about attempts to recruit Australian workers • There are exemptions from the LMT requirement • ANZSCO Skill Level 1 – Bachelor degree of 5 years or more relevant experience required for nominated occupation • ANZSCO Skill Level 2 - Associate degree, advanced diploma or three years or more relevant experience required for nominated occupation • ‘Protected’ occupations cannot be exempted from LMT. These are mainly engineering and nursing positions
  • 18. Who can apply for a subclass 457 visa? • Applications for a subclass 457 visa can be made by individuals nominated by an approved standard business sponsor for a skilled occupation on the list of eligible occupations and who meet the skill requirements for the nominated occupation • A 457 visa holder can bring eligible dependents with them to Australia and dependent family members are able to make a combined application
  • 19. Are there any English language requirements? • 457 visa applicants are required to demonstrate a level of English language proficiency unless they are ‘exempt’ • Nationals of the UK, USA, Canada, Republic of Ireland or New Zealand are exempt from the language requirements • Nominated in an occupation that does not require English language competency for grant of registration, licence or membership and has completed at least 5 years consecutive full-time study in a secondary and/or higher education institution • Paid a salary in excess of $96,400 • English language proficiency is normally established by the applicant lodging an International English Language Testing system test result with a score of at least 5 in each of the four test components
  • 20. Health and Character requirements? • A 457 visa applicant and dependent family members must be able to meet health requirements for the grant of the visa • DIBP may request applicants to undergo a health examination depending on the applicant’s country of origin or residence, the intended period of stay or intended activities • To be granted a 457 visa, applicants must be of good character and DIBP may request police certificates for each country that an applicant has lived in for 12 months or more over the last ten years
  • 21. Australian 457 work visas A Practical Guide Anthony Hughes, ASG Immigration Level 19, 1 O’Connell Street. Sydney NSW 2000 anthony.hughes@asgvisa.com +61 (0) 2 8901 3834

Hinweis der Redaktion

  1. - I love this slide. Many people underestimate the size of Australia. This slide sets it in context. Please remember that when planning your visit here. It takes 5 hours to fly from Perth to Sydney – the same from London to Moscow!
  2. Describe what we’ve attempted to do with this graph i.e. Matching UK advantage with Australian opportunity Still a work in progress, toward a more quantitatively based methodology. The size of the bubble illustrates the size of the current market The higher up the graph the faster the growth of the market is in Australia and the further to the right a bubble is demonstrates the prowess/strengths of UK exports in that sector. So you can see that Australia offers good opportunities in the Oil & Gas related industries, financial & professionals services, life sciences, defense sales, creative & digital media, ICT, Food & beverage and automotive. Good niche sectors for us include construction, rail, online retail, education and agri-tech.
  3. Trend employment increased in the NT (up 6.6%), WA (up 1.7%), Queensland (up 1.5%), the Australian Capital Territory (ACT, up 1.3%), Victoria (up 0.6%) and NSW (up 0.1%) over the 12 months to February 2014. Trend employment fell in South Australia (SA, down 2.0%) and Tasmania (down 0.1%). See left slide Right slide shows NSW (1.86 million), Victoria (1.45 million) and Queensland (1.1 million) employ the largest number of workers in skilled occupations (Managers, Professionals, and Technicians and Trades Workers) (original data). The NT recorded the highest employment growth in skilled occupations (up 12.4%) followed by NSW (up 6.2%) and Queensland (up 4.2%) over the 12 months to February 2014. In very broad terms; If you are manufacturing Victoria & South Australia are hot spots Construction look to Queensland, Western Australia and North Territory Retail employment is fairly steady across all reagion Hospitality industries have a bigger share of the NSW and Tasmanian economies (7% plus) i NSW and to a lesser extent Victoria are the financial services hubs (4-5%) Professionals tend to make a bigger mix of the jobs n NSW, Victoria and ACT. Northern Territory and ACT have the biggest mix of government jobs. Healthcare is steady across all states with SA having the most 13.9%.
  4. The trend rate of unemployment in Australia was 5.9% in February 2014 compared with 5.5% in February 2013. In the past year, the trend unemployment rate increased in all states and territories except the NT (declined from 4.8% to 3.9%) and the ACT (declined from 4.5% to 3.5%). In February 2014, the trend unemployment rate was highest in Tasmania (7.5%), SA (6.8%), Victoria (6.4%), Queensland (6.1%) and NSW (5.6%) and lowest in the ACT (3.5%), the NT (3.9%) and WA (5.1%). See Figure 2. Generally, people in more highly-skilled occupational groups are less likely to experience unemployment. For the four quarters to February 2014, the unemployment rate for those formerly employed as Labourers was more than three times that of former Professionals.
  5. Australian unemployment is currently hovering around 6% Over the year to February 2014, the IVI (trend) declined by 3.4%, with decreases being recorded for five of the eight occupational groups. The largest occupational group decreases were for Labourers (down 10.3%) and Machinery Operators and Drivers (down 10.2%). The largest occupation group increases were for Sales Workers (up 5.1%) and Technicians and Trades Workers (up 4.2%). Over the year to February 2014 the most significant IVI decreases were in WA (down 19.0%) and the ACT (down 16.4%), while the largest increases were in Tasmania (up 4.9%) and Victoria (up 4.1%). Over the year to February 2014, vacancies decreased in 27 of the 48 occupation clusters, with the largest decreases being for Science Professionals and Veterinarians (down 56.0%), Engineers (down 51.2%) and Machine and Stationary Plant Operators (down 20.7%). The largest increase over this period was for Construction Trades (up 32.3%), Medical Practitioners and Nurses (up 30.0%) and Sports, Travel and Personal Service Workers (up 19.1%).
  6. Employment opportunities and growth varied across industries. Over the 12 months to February 2014, the largest increases in trend employment occurred in Health Care and Social Assistance (up 49 800), Public Administration and Safety (up 37 000) and Other Services (up 32 000). The largest decreases in trend employment occurred in Wholesale Trade (down 53 600) and Accommodation and Food Services (down 45 400). The strongest rate of employment growth was in Electricity, Gas, Water and Waste Services (up 12.9%) and Agriculture, Forestry and Fishing (up 9.0%) while the strongest rate of trend employment decrease was in Wholesale Trade (down 12.3%). Employment growth rates by industry are shown in Figure 1.
  7. Employment opportunities and growth varied across industries. Over the 12 months to February 2014, the largest increases in trend employment occurred in Health Care and Social Assistance (up 49 800), Public Administration and Safety (up 37 000) and Other Services (up 32 000). The largest decreases in trend employment occurred in Wholesale Trade (down 53 600) and Accommodation and Food Services (down 45 400). The strongest rate of employment growth was in Electricity, Gas, Water and Waste Services (up 12.9%) and Agriculture, Forestry and Fishing (up 9.0%) while the strongest rate of trend employment decrease was in Wholesale Trade (down 12.3%). Employment growth rates by industry are shown in Figure 1.