Ang Kalatas May 2017 Issue | Page 4

4 NEWS

THE MESSAGE . BRINGING INTO FOCUS FILIPINO PRESENCE IN AUSTRALIA www . kalatas . com . au | Volume 7 Number 8 | MAY 2017

The 457 visa will be replaced with the new Temporary Skill Shortage ( TSS ) visa in March 2018

Key reforms include :

• new , more targeted occupation lists which better align with skill needs in the Australian labour market

• a requirement for visa applicants to have at least two years ’ work experience in their skilled occupation

• employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold ( TSMIT ) 1 which ensures that overseas workers cannot be engaged to undercut Australian workers

• mandatory labour market testing , unless an international obligation applies , capacity for only one onshore visa renewal under the Short- Term stream

• capacity for visa renewal onshore and a permanent residence pathway after three years under the Medium-Term stream

• the permanent residence eligibility period will be extended from two to three years

• a non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers

• strengthened requirement for employers to contribute to training Australian workers

• the Department of Immigration and Border Protection will collect Tax File Numbers and data will be matched with the Australian Tax Office ’ s records , and

• mandatory penal clearance certificates to be provided . www . border . gov . au

Scrapping the ‘ 457 ’, Australian Citizenship test

Changes to wor

Foreign workers – and that includes thousands of Filipinos – wishing to work in Australia face a greater challenge to squeeze into the Australian labour market . The Turnbull Government ’ s announcement last month to scrap the ‘ 457 ’ workers ’ visa system has come with the promise of “ putting Australian workers first .”

According to the Turnbull Government , the move will safeguard Australian jobs by abolishing the Subclass 457 Visa for foreign workers and creating a new temporary visa restricted to critical skills shortages .

Prime Minister Malcolm Turnbull said this will ensure Australian workers are given the absolute first priority for jobs , while businesses will be able to temporarily access the critical skills they need to grow if skilled Australians workers are not available .

The Subclass 457 Visa will be abolished and replaced with the Temporary Skill Shortage Visa . The new visa will include mandatory criminal checks and tighter English language requirements .

The new Temporary Skill Shortage Visa programme will comprise two streams – Short Term and Medium Term – and will be underpinned by more focused occupation lists that are responsive to genuine skill needs and regional variations across Australia .

Short term visas will be issued for two years , while medium term visas will be issued only for more critical skills shortages and for up to four years .

Both streams will include mandatory labour market testing with limited exemptions ; a new non-discriminatory workforce test ; mandatory criminal history checks ; a market salary rate assessment and a new two-year work experience requirement .

Tougher English requirement rules .

Among the occupations removed are butchers , call centre managers , dressmakers or tailors , IT support workers .

Lawyer and migration agent Jessie Icao said the new system to be introduced will pose a challenge to Pinoy workers .

“ These occupations will impact on Filipinos as we have qualified dentists who are presently working on 457 visa as dental workers ; engineers who work as telecommunication technician , butchers who are currently working in Inverell NSW ,” said Lawyer Icao [ see his column on Page 11 ]

New citizenship rules

Additionally there will be tightened English language requirements for the Medium Term Stream .

The new visa will also include a strengthened training obligation for employers sponsoring foreign skilled workers to provide enhanced training outcomes for Australians in high-need industries and occupations .

These changes will give Australian job seekers more opportunity to find work while finding the right balance so businesses can prosper by acquiring the expertise they need .

The move may affect many Filipinos back home who have pending 457 applications especially if their occupations are among those removed under the new

Minister for Immigration and Border Protection Peter Dutton said changes will also take effect in the way the Australian Citizenship Test is conducted to ensure applicants really “ adopt Australian values .”

“ This really is about asking people who come to our country seeking Australian citizenship not to abandon their heritage or their culture or their background , but to honour and respect that , as many migrant communities do right across the country right now ,” Minister Dutton said .

“ When you decide to come to our country , you decide to abide by Australian laws . You decide in your application , when you want to become an Australian citizen , that you will adopt Australian values . And we

Jessie Icao , Principal Solicitor and Tom Baena , Associate Solicitor