Last year, Minister for Immigration, The Hon Peter Dutton MP,
received backlash for his statement that refugees would be taking
Australian jobs. This same sentiment was echoed by Trump when he
spoke of immigrants taking American jobs. And free movement of
people has been a significant issue in Brexit and in Europe
It seems that protectionism is sweeping the globe as governments
worldwide seek to strengthen borders and introduce tougher
In Australia, both the Coalition and the Labor Party are pushing
for changes to the current 457 visa scheme. These changes include
reducing the period of days in which a 457 visa holder has to find
new employment, if their original employment comes to an end, from
90 days to 60 days, and also proposed changes to reduce the list of
occupations available for nomination under the 457 visa scheme.
On the one hand, these changes will allegedly assist Australian
workers in finding employment as competition for Australian jobs is
reduced. On the other hand, these changes could make it more
difficult for employers to find the skilled workers that they need.
Hence the great 457 debate – should Australia increase or
maintain current levels for 457 visas so as to increase and
stimulate domestic growth, or should Australia decrease the number
of 457 visas issued by tightening requirements, in order to protect
The push to tighten the 457 regime appears to originate from two
That migrants take Australian jobs, leaving more Australians
That the 457 visa scheme is used to exploit vulnerable migrant
process to employ a migrant worker on a 457 visa and then to
sponsor that employee to remain in Australia after their 457 visa
expires, by sponsoring them for an Employer Nomination Scheme
(ENS)(subclass 186) permanent visa, is not straightforward.
The stringent and changing requirements, together with an
increasingly hostile political climate, mean that unknowing
employers who genuinely have a need for a 457 employee, could have
their 457 nomination applications refused for being unaware of the
requirements. It's therefore important to understand the
process before you begin, and to get it right the first time.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Recent amendments to the Migration Act and regulations, along with the imminent commencement of the new federal safety net under the Fair Work Act, highlight a number of issues for consideration by employers in documenting terms and conditions of employment for foreign nationals engaged to work in Australia under Subclass 457- Business (Long Stay) visas.
A media investigation has revealed yet another scam involving the exploitation of 457 visa holders.- by Domino's Pizza.
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