Transport Workers Union chief Tony Sheldon

One of Australia’s most prominent union leaders has spoken out about the vulnerability of those on 457 visas.

Tony Sheldon heads the Transport Workers Union (TWU) and is vice president of the Australian Labor Party.

Mr Sheldon said that for some foreign workers, being on a 457 was like “a form of slavery”.

“What inherently happens with 457 visas, that when you’re under the threat of being deported if you lose your job within 28 days, if you turn around and raise safety issues, wage issues, rights issues and you’re threatened to be thrown out of the country, then that is a power and a whip that employers have over any 457 person,” Mr Sheldon said.

In recent weeks, The Irish Echo has highlighted the problems faced by temporary residents if their sponsor/employer decides to make them redundant.

Under the rules of the visa scheme, they have 28 days to find a new sponsor or must leave the country. If the visa holder has brought his or her family to Australia or, if the employer makes their job conditions untenable or sacks them for no reason, that worker is in a perilous position.

The Gillard government has, in recent weeks, taken aim at the tempoarary resident scheme which has ballooned in size since Labor won the 2007 election.

The Minister for Immigration, Brendan O’Connor, has said the scheme had “oustripped national employment growth” and needed to be curtailed.

Both he, and Prime Minister Julia Gillard, have spoken about making sure that Australian workers are ahead of 457 visa holders in the queue for jobs.

But their comments have led to unease that skilled migrants were being victimised for “stealing” Aussie jobs despite the fact that Australian employers continue to show their preference for imported labour and that the government itself is actively promoting the scheme at events like the recent Working Abroad Expo in Dublin.

More than 100,000 people are currently in Australia on 457 visas. They pay tax yet have no guarantee of permanent residency or, in most cases, access to Medicare. They can not vote and, in the case of New South Wales, have to pay thousands of dollars in fees if they want to send their children to state schools.

Mr Sheldon’s comments echo those of Irish skilled migrants. who believe that there is little protection for 457 workers if their employer – to whom they are indentured – decides to do the wrong thing.

Immigration Minister Brendan O’Connor.

The government has announced it will restrict the number of overseas workers a company can sponsor under the 457 programme.

Citing figures on the number of 457 visas granted and applied for in January, Immigration Minister Brendan O’Connor said more people were coming to Australia on the visa while the local unemployment rate remained flat.

The four-year 457s are temporary residence visas offered to skilled workers and their dependants who are sponsored by an Australian company.

Ireland leads the take up of these visas in per capita terms and almost 6,000 Irish nationals were granted 457 visas in the second half of 2012.

Mr O’Connor said 457 visa applications jumped by 9.5 per cent this year, while the number of 457 visas granted grew by 6.6 per cent.

The reforms include:

• Making business sponsors declare that they will commit to employing Australian citizens

• Making training Australian citizens an enforceable requirement of 457 applications

• Making employers show that the position is genuine

• Restricting the number of workers a business can sponsor

• Tightening the definitions of eligible positions

• Strengthening the designated salary rate for the visas “to stop undercutting of local conditions”

Mr O’Connor said the government will also tighten on-hiring arrangements so that sponsors cannot bring someone in and then let them work for an unrelated company at a different salary.

“At January 31, there were more than 105,000 people in Australia working on temporary 457 visas. That is an increase of 22.4 per cent compared to January 2012, Mr O’Connor said.

“The overall trend is clear – more people are coming in on temporary skilled worker visas. This comes at a time when the unemployment rate is flat, not dropping.

Minister O’Connor claimed that in the IT industry  457 visas have increased by 68 per cent while vacancies for local IT workers have decreased.

“The Gillard government will not sit idly by while Australian citizens and permanent skilled migrants lose out to unscrupulous employers,” he said, in a statement released this morning.

Debate over the 457 visa has dominated the political narrative since Mr O’Connor first mooted reforms on February 23.

With the government refusing to released specific details of alleged rorting of the programme, both the Prime Minister and the leader of the federal opposition have been drawn into an often-times unpleasant debate about the merits of overseas and local workers.

Earlier this week in Melbourne, the CFMEU – one of Australia’s most influential unions – organised a rally in Melbourne opposing the 457 programme in its entirety.

For full coverage of proposed changes to the 457 visa programme, pick up Wednesday’s Irish Echo.

The cleave between the Australian dream and reality is a large one for some emigrants.

The pursuit of the Australian dream over its American cousin has something of a grip over Ireland’s intending emigrants.

This country is, and has been for several years, the destination of choice among those seeking to find adventure or work outside  Ireland.

Australia’s attraction is well-defined in the minds of those seeking to come here. Weather, lifestyle and the economy are often cited by Irish expats as their motivation for arriving in Australia.

However, after some time spent here, the disparity between the Australian perception and the Australian reality can rankle.

The higher wages dangled in front of jobseekers by recruitment companies and migration agents – who hold a significant stake in the maintenance of an Australian dream narrative – can seem like a cruel joke beside the equally high cost of living.

Sure, while the pillars of Ireland’s economy were crumbling, Australia took stimulus measures to steady its economy – landing international admiration.

Despite escaping the GFC, the Australian economy is by no means perfect. HSBC last week said the Australian dollar was the world’s most overvalued currency and added that it expected little to be done about it.

A seeming omerta about the vastly inflated value of Australian residential property has some scary parallels with the Celtic Tiger’s peak. There are mortgage assessors in the city who say they have concerns about increasingly loose lending controls.

A collapse of Ireland’s nature is unlikely but, one feels, there is a correction of some kind coming.

Yet thousands of Irish nationals are coming here to work and live each year.

The sheer volume of Irish nationals landing in Western Australia – many of whom opt to work in mining or mining associated industries – has some echoes of earlier gold rushes.

It is dangerous to presume the streets are lined with gold.

Indeed, concerns raised by local Irish welfare group the Claddagh Association about young Irish workers arriving here financially and culturally unprepared shows that some have come here on a wing and a prayer.

Having no money and no plan B has left some with no other option but to seek charity, as we have reported on our front page.

Undoubtedly, the image of recently arrived Irish nationals joining queues for soup kitchens is confronting.

Indeed, there is evidence to suggest this development might be no more than a case of resilient backpackers chancing their arms for a free meal.

Equally – as expressed by the Claddagh Association – there is evidence to suggest there are Irish nationals who have fallen through the cracks and have joined such queues out of a genuine and pressing need.

One thing is certain. There is a new breed among the latest wave of Irish emigration to Australia who have opted to flee from Ireland as soon as they possibly can, often without adequate savings, sufficient research or a grasp on the country’s requirements for working and remaining legally here.

Troubling video recorded in Northbridge earlier this month showed several Irish people in a late-night scuffle outside a cafe. An isolated incident perhaps, but such footage is unlikely to provide comfort to mothers and fathers who have watched their children pack up and leave for Australia in pursuit of ‘a better life’.

The evolving dynamic in Perth – Australia’s fastest growing capital city – is certainly a challenge for those who provide support to Irish emigrants in the city. They require help.

More must be done from within Ireland to provide a true and accurate picture of working opportunities in this country and the societal nuances between here and Ireland.

Should the Australian government also be stricter in applying existing financial checks on working holiday visa applications? Perhaps.

The result of doing nothing is that we may hear more troubling reports of those far from home and their established support networks falling into strife.

Minister for Immigration, Brendan O’Connor

The Australian government is to tighten the rules on 457 visas, making it more difficult to sponsor and be sponsored.

The new Minister for Immigration, Brendan O’Connor, signalled the changes in a doorstop interview earlier today.

He said the government would be introducing reforms that would “strengthen the efficacy of the 457 visa to protect local workers”.

The fact that the number of applications for 457′s had “outstripped national employment growth” also prompted the government to act, Mr O’Connor said.

The news will come as a blow to many Irish workers who are seeking sponsorship by Australian firms to escape the recession back home.

Ireland leads the take up of these visas in per capita terms so any dilution of the scheme will have a disproportionate effect on Irish applicants.

Mr O’Connor said that reforms would be introduced through administrative, regulatory and legislative means.

“The Government wants to crack down on rorts in the 457 program,” he said.

“There are situations where Australian workers are being discriminated against because of the abuse of the program. For that reason, and for the fact that there have been an increase in the applicants of 457s that have outstripped national employment growth, the Gillard Government will be introducing reforms – administratively, regulatory, and through legislation – that will strengthen the efficacy of the 457 visa to protect local workers.”

“Firstly, we’ll ensure the employers seeking to bring out applicants will have to demonstrate that there is a genuine job that fits within the eligibility of the 457 visa.

“Secondly, we’ll ensure that they have to demonstrate where they are genuinely training local workers and where they are investing in that training.

“Thirdly, we’ll look to ensure that we restrict labour hire or on-hire arrangements, for example where an employer may bring out an applicant and sponsor that applicant, but send that employee to an area where there are no skilled shortages.”

Ireland has jumped to eighth in the list of source countries for migrants to Australia.

A new report, released today by the Department of Immigration, reveals that 4,938 permanent migrants in the year to June 2012, came from the Republic of Ireland. This marks an increase of over 33 per cent.

Those from Northern Ireland are included in the UK figure which is 25, 274 for the 2011/12 financial year.

In 2010/11, Ireland was the 10th highest source of new migrants with 3,700. In 2009/10, Ireland was not among the top ten source countries.

The statistics include those granted permanent residency onshore and offshore but do not include, for instance, those on 457 sponsored visas or other temporary residents.

The top source country for migrants in 2011/12 was India with 29,018 followed by China with 25,509.

For the first time, the UK has dropped to third with 25,274 migrants. However, this figure is slightly higher than the 2010/11 intake from Britain and Northern Ireland.

The total migration program outcome for the year to June 2012 was 184,998, only two short of the planning level.

Of these, 125,755 people came in through the skilled stream while 58,604 places were taken up through the family stream.

Of the skilled migrants, over 46,000 were sponsored by their employer and the vast majority of those – over 35,000 – were onshore applicants.

The number of migrant visas issued to workers sponsored by their employers has more than doubled since 2006/07.

Many of those workers granted migrant visas were already on temporary residency visas like the 457, another indicator that this is the most desirable path to permanent residency.

The top five occupations among sponsored workers were accountant, cook, software programmers, software engineers and developer programmers.

Migrants hoping to relocate to Australia can soon look forward to a speedier, more efficient visa application, the Government has claimed.

The new scheme, SkillSelect, will be introduced on July 1, allowing the Australian Government to manage the skilled migration program more effectively.

From this date onwards SkillSelect will be compulsory for all independent skilled, family sponsored skilled, state or territory sponsored skilled, or business skills programs.

Hopefuls will be required to record their details through an online Expression of Interest (EOI) form, before they can be considered for a visa.

Information such as basic personal data, nominated occupation, work experience, study and education, level of English skills, business and investment experience and details of Skills Assessment will go into a centralised registry system.

Applicants will then be invited to apply for a visa as and when the requirement comes up for their skillsets.

Potential migrants can also use the system to express interest in the Employer Nomination Scheme, Regional Sponsored Scheme or Temporary Business (Long Stay), subclass 457 program.

Visa applicants can express interest in a number of skilled migration programs in one EOI and there will be no fee to submit an EOI once SkillSelect is introduced.

The standard fees will however apply for successful applicants who receive an invitation to lodge a visa application.

At present, skilled visa applicants are required to pay the first installment of the visa application charge when applying.

The cost is generally in the region of $3,000, and is non-refundable if the application is rejected.

Minister for Immigration and Citizenship, Chris Bowen MP believes the introduction of SkillSelect will have a positive outcome for all concerned and says the program’s aim is to allocate skilled visas on the basis of need.

They will achieve this by controlling who is able to apply, when they can apply and in what numbers.

“SkillSelect will ensure that visas are allocated to the best and brightest skilled migrants so that the Migration Program can better meet the needs of Australian businesses,” Minister Bowen explained.

A spokesperson for the Ministerial Department confirmed that the Australian Government does not need to amend the Migration Act to implement SkillSelect.

Therefore it will not need to be passed by Parliament before it’s introduction on July 1.

It is hoped that the change in system will ensure more distribution of skilled visas to regional areas, where certain industries are suffering as a result of skill shortages.

Visa applicants will be able to indicate whether they are willing to live and work in regional Australia, thus increasing their chances of securing pre-arranged employment and subsequently being granted a visa.

Australian employers, as well as state and territory governments, will be in a position to monitor visa applicants. As a result those on the register may be invited by the Australian Government to lodge a visa application.

For those who have lodged a visa application prior to July 1, it will be processed according to the priority processing direction in effect at the time of processing. Applicants can also submit an EOI in SkillSelect, allowing employers and state or territory governments to view their details and potentially increasing their chances of obtaining a skilled visa.

A similar system is currently in operation in New Zealand.

Minister for Immigration, Chris Bowen

Irish workers in temporary skilled visas like the 457 will soon find it easier to move to permanent residency, following changes to the immigration program announced today.

The Minister for Immigration and Citizenship, Chris Bowen MP, today announced the Government will cut red tape for businesses sponsoring skilled workers by simplifying the permanent employer-sponsored visa program.

The age limit for accessing some skilled visas has been extended upwards from 45 to 49.

“The Government will establish a fast-tracked pathway from the temporary skilled subclass 457 visa to permanent residence under the employer-sponsored visa program, enabling skilled migrants to settle and work in regional and metropolitan Australia,” Mr Bowen said.

“These reforms will make it easier for businesses and potential migrants to navigate the permanent employer-sponsored visa program, while ensuring the integrity of our visa system.”

According to Irish-born migration agent John McQuaid, the changes will “open up opportunities for many Irish families”.

“The great news here is that the age limit to access these visa types has been raised,” Mr McQuaid told the Irish Echo.

“There are many here on 457 visas that are in the 45-49 year age bracket, they will now have much stronger options to apply for permanent residence.”

But the changes will also open the door for offshore skilled workers.

“For people In Ireland in their 40’s the option to come out on a temporary 457 visa is now much more attractive as the pathway to permanent residence is available until age 49.

“As an example, a 44-year-old tradesman with years of experience but no formal qualification can be sponsored on a 457 visa. Then following two years employments in Australia on the 457 visa, at age 46, can, under the new rules, be nominated by the employer for permanent residence, no skills assessment is required.

“Under the old system, such a person would likely have had to remain on temporary residence visas.”

“There is also a positive change to the age exemption rules, this will allow over 50-year-olds to apply for these permanent visas provided they have been here on 457 visa  for 4 years and  earn over $118,000 pa, good news for the senior executive.”

While the changes are almost universally positive for would-be skilled migrants, Mr McQuaid said the bar was being raised on employers with regard to training.

“The employer training requirements to be approved to nominate employees will be raised to the meet the same higher level training requirements that have applied to 457 sponsorship approval for the last year , typically to be spending one per cent of annual payroll on training.

“This change is no surprise, we may see an increased nomination application rates between now and July as employers move to beat  the law change deadline and secure their employees.”
Also, the new Regional Skilled Migration Scheme (RSMS) will become more difficult for trades people applying form outside Australia as a pre-visa application skills assessment will be needed from July 1.

“This applies to trades only,” Mr McQuaid said. “Previously the FÁS qualification was sufficient for RSMS. It seems the current government are intent on making entry for trade’s people more stringent.”

In introducing the changes, Minister for Immigration Chris Bowen reiterated the massive contribution skilled migrants make to the Australian economy.

“Skilled migrants deliver major benefits … in terms of contributing to economic growth and offsetting the impacts of an ageing population,” Mr Bowen said.

“We know these workers can do the job and are ready to make a commitment to Australia, so it makes sense to streamline their pathway to permanent residence.”

The Government will replace the current six permanent employer-sponsored visas with two new visas and consolidate the existing three sponsored occupation lists – subclass 457, employer nomination, and state and territory sponsored general skilled migration lists – into one list.

The reforms to the Employer Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS) will commence on 1 July 2012.

Permanent employer-sponsored visa places currently account for 39 per cent of the total skilled migration program for 2011-12, including 16,000 places through RSMS.

The program allows Australian employers to sponsor workers for permanent residence to fill skilled full-time job vacancies in their businesses.

More information on the changes is available here.

PERTH has now officially become a regional city for immigration purposes, opening up wider visa options

Minister Collier told the Irish Echo

for potential migrants to the resource rich state.

On July 19, it was announced that Perth would be included in the Regional Sponsored Migration Scheme (RSMS).

Immigration minister Chris Bowen also agreed to include Perth as a regional area for family sponsored applications through the regional General Skilled Migration (GSM) programmes.

The RSMS is a visa programme that allows Australian employers in regional and low population growth areas of Australia to nominate foreign skilled workers to fill skilled vacancies within their business.

This visa program provides concessions for employers and visa applicants in recognition of the difficulties many regional or remote communities are faced with when attracting skilled workers.

The classification came into effect on September 12.

Western Australia’s training and workforce development minister Peter Collier has welcomed the measure.

“You can have full-term permanent vacancies for skilled occupations when those vacancies cannot be filled locally. If an employer can demonstrate that a position exists for a minimum of two years than the person has an opportunity to work in the metro area,” he said.

Ireland and WA are co-operating on an apprenticeship scheme for Irish workers.

Asked about developments on this matter, the minister said he expected that the scheme to work through the state-sponsored 457 process.

He said that the state would plough on with the scheme or without the aid of the federal government.

“Ideally, we want the federal government to work with us but they have been less than forthcoming, to be honest.

“We are not going to let their intransigence impact upon our relationship with Ireland.

“We are going to work with the Irish Government, ideally with 457 visas, so we can do it from within,” he said.

In the 2011–12 Budget, the government announced that the RSMS programme would be expected to deliver up to 16,000 skilled migrants to regional and low population growth areas of Australia.

Australian companies are sponsoring more Irish people than a year ago.

New immigration figures to April show 4,500 grants of 457 visas to Irish citizens in the past ten months.

The four-year 457s are temporary residence visas offered to skilled workers and their dependants who are sponsored by an Australian company.

The figures show a 59 per cent increase in the number of such visas granted to Irish citizens, over the comparable period last year.

The top three citizenship countries for primary visa grants to 30 April this year were the UK (25 per cent), India (18 per cent) and Ireland (eight per cent).

Primary visa grants refer to people who applied for sponsorship for their own behalf, while secondary applicants are those attached to partners’ applications.

With just of 2011 passed, Australia has already surpassed the total number of 457 grants for 2009-10.

There were 4200 applications for primary 457 visas, pushing the total to 42,872 for the year so far — 4000 more than the total number for 2009-10.

Primary visa grants are 37 per cent higher than at the same time last year.
The number of Irish citizens granted 457s in Western Australia has doubled, from 350 to 700. Irish citizens accounted for almost a tenth of successful 457 visa grants in WA in this period.

Ireland was also the second highest contributor of sponsored workers to the resource rich state, behind the UK. Northern Ireland nationals are included in the UK figures.

Other states continue to report an increased Irish uptake with; Queensland (33 per cent), Victoria (72 per cent) and New South Wales (43 per cent). The construction and mining industries’ hunger for overseas skilled workers continues unabated. Respectively, they accounted for 12.5 per cent and 7.4 per cent of all 457 grants to primary applicants.

The average nominated salary for an employee sponsored in the mining industry ranges from just over $122,000 (NSW) to almost $175,000 (Victoria), according to the figures.

The Australian government recently revealed 185,000 visas would be the country’s net migration intake target for the next financial year. Over 125,000 of those places will be reserved for skilled migrants, including 16,000 for “regional areas”.

It also said it would also fast-track permanent residency for 457 visa holders who have spent two years in regional Australia in cases where their employer will continue to sponsor them for a further two years. This will make it easier for 457 visa holders to remain in the region where they have been living and working.

The Minister for Immigration has announced a modest increase to Australia’s migrant intake.

Minister for Immigration, Chris Bowen.

While the full detail of the proposed changes have yet to emerge, the small increase in the permanent visa numbers is lower than was expected.

However, there was more positive news for work visa hunters in the temporary resident area with faster processing times promised for 457s.

As his cabinet colleague Wayne Swan revealed the 2010/11 Budget Chris Bowen revealed that the net migration intake target for the next financial year would be 185,000 visas.

Of these places, over 125,000 will be reserved for skilled migrants including 16,000 for “regional areas”.

‘For the first time, the Federal Government will specifically allocate permanent visas for regional areas,’ Mr Bowen said.

The government will also fast-track permanent residency for temporary business (subclass 457) visa holders who have spent two years in regional Australia and where their employer will continue to sponsor them for a further two years. This will make it easier for 457 visa holders to remain in the region where they have been living and working.

The Minister also announced the establishment of a new processing centre in Brisbane, specifically charged with cutting the processing times for 457 visas.

‘While processing times for 457 visas have reduced by 30 per cent over the past five years, the government will establish a new processing centre in Brisbane and aims to reduce processing times even further,’ Mr Bowen said.

‘The goal is to deliver a 10-day median processing time for applications which are complete at the time they are lodged.

‘This additional processing site, with a significant number of extra visa processing staff, will ensure that complete applications are allocated and processed as quickly as possible.”

The Minister’s announcements underpinned the government’s sensitivity about immigration issues, despite the obvious economic benefit to the country of importing skilled migrants.

“It is critical that Australia’s skilled migration program is driven by Australia’s skills needs, rather than the desires of prospective migrants,” he said.

The Minister also announced a “new model for selecting skilled migrants” which is “expected to come into effect on 1 July 2012″.

The new model concludes a series of reforms to ensure the skilled migration program is more focussed and efficient, demand-driven and tailored to employers’ needs.

‘Under this model, the government will be able to select migrants like a business manages its workforce – selecting the best candidates, altering the skill composition of its workforce, and speeding up or slowing down recruitment as circumstances change,’ Mr Bowen said.

The model will be a two stage process whereby potential applicants first register their claims for skilled migration through an online Expression of Interest (EOI), and subsequently may be invited to make an application for a visa.

This is a significant change from the current situation, as applicants for independent or state/territory sponsored migration will require an invitation to lodge a visa application.

The model will, according to the government, ensure a match between the number of applicants and the number of available program places and consequently, the selection of the best and brightest migrants as well as streamlined processing times.

Watch for more coverage of the migration changes in the next print edition of the Irish Echo.