Recent initiatives announced by the Federal Government will channel prospective skilled migrants to rural and regional areas of Australia.

Some of the changes will institute more stringent settlement criteria to the skilled migration program and come amidst rising demand for migration to Australia.

Commencing 14 April, prospective skilled migrants seeking permanent residence under the skilled independent category are required to meet a higher pass mark (120 points) for permanent entry to Australia.

Predominantly, those applicants who are successful in passing the new threshold will be aged 30 years or less, university degree or trade qualified and will have worked in their chosen field for three of the past four years.

Applicants older than 35 are likely to face considerable difficulty in reaching the new threshold.

While the pass mark has been increased for the skilled migration program, a lower pass mark will apply to those who commit to settling in regional Australia.

In the absence of further details, information gleaned from government media statements indicate that suitably qualified individuals intending to migrate to Australia will obtain a three-year temporary residence visa if they commit to living and working in regional Australia.

After two years these skilled individuals will then be able to apply for permanent residency. The timing gap between the media announcement of the new rules from 1 July and the changes to existing rules from 14 April is highly questionable and has created some uncertainty. It is likely to lead to considerable concern for many prospective applicants.

In a further initiative to encourage migration to the regions, it is understood that self-funded retirees from overseas will be given four-year residential visas if they agree to live in rural Australia and invest at least $500,000 in state or territory bonds.

The ultimate impact on rural and regional population development centres of these changes is unknown and will not be measurable for many years - if at all.

These changes also do not address, to any substantial extent, the skills gap arising from the disparity in the skills being attracted to regional Australia and the type of skills that may be required by employers in specific regional areas.

CCI is concerned that the development policies for rural and regional Australia are conflicting with the Federal Government’s skilled migration policy objectives.

The outcome of specific initiatives, particularly in relation to employment and skill shortages, could be more effectively achieved through other means and closer consultation with industry.

For more information contact Ivan Hoe at CCI Migration Services on 9365 7555 or e-mail: visas@cciwa.com

A new minimum salary threshold for positions being offered to temporary business entrants has recently come into effect.

From 11 February 2004, Australian employers seeking to sponsor temporary overseas employees for nominated positions in Australia will be required to pay a minimum base annual salary of $37,720 per employee.

This excludes additional payments such as superannuation, accommodation, bonuses or any other non- salary benefits.

The new minimum salary threshold is an upward revision of the base salary level of $35,828 which has been in effect since November 2002 and reflects the average annual earnings for all employees in Australia, as at February 2003.

In addition, a new separate minimum annual salary of $46,620 will apply to information and communication technology positions to better reflect the typical salary for experienced professionals in that industry.

The gazetted revision has been made despite CCI’s expressed concerns that the minimum salary threshold arrangements for temporary business entrants is set inappropriately in relation to some state and relevant federal awards which apply in WA.

The arising disparity between the gazetted salary threshold and some awards previously highlighted to the Federal Government is preventing some employers from accessing temporary overseas employees. This has created difficulties particularly in areas where there are identified skill shortages. While the gazetted salary level will apply to position nominations lodged on or after 11 February 2004, the new level will not affect employers in regional and low-population growth areas.

Under special provisions introduced in 2002, employers in regional Australia may seek an exemption from the salary requirement under exceptional circumstances.

For more information contact Ivan Hoe at CCI Migration Services on 9365 7614 or e-mail: hoe@cciwa.com

Australian employers can now employ youth from Italy and France as the two countries have joined the growing list of nations taking part in the working holiday visa program.

Belgium has also agreed to join but ratification of the agreement is needed by its Parliament and it could be late 2004 before it is official.

Australia has reciprocal working holidaymaker arrangements with 14 foreign countries including the United Kingdom, Canada, the Netherlands, Japan, Republic of Ireland, Republic of Korea, Malta, Germany, Denmark, Sweden, Norway, the Hong Kong Special Administrative Region (HKSAR) of the People’s Republic of China, Finland and the Republic of Cyprus.

Passport holders from any of these countries who are aged between 18 and 30, and who have no dependent children are eligible for an Australian working holiday visa.

Working holidaymakers are permitted a stay of 12 months from date of initial entry to Australia regardless of whether or not they spend the whole period in Australia. They are allowed to study or train for up to three months.

Working holidaymakers are permitted to do any kind of work of a temporary or casual nature and should be paid according to Australian award rates and conditions.

As the main purpose of the visit is for holiday and travel, work for longer than three months with any one employer is not allowed.

For further information contact CCI Migration Services at CCI on 9365 7555 or e-mail: visas@cciwa.com

CCI Business Visa Services has provided the following information in response to an increasing number of CCI members seeking assistance in obtaining skilled and experienced offshore labour.

The information is provided in the context of the strong economic growth occurring in WA due to the significant rise in business investment, particularly in the resources sector.

This has led to a rise in labour demand at a time when the employment market is relatively strong. Anecdotal evidence from members indicates that some skill shortages have emerged.

Q. Are overseas workers subject to different employment conditions?

A. No. Any overseas worker either professional or trade-qualified who is eligible for a work permit in Australia is required to be paid at the same level as a domestic worker. Similarly, to enter Australia as a skilled worker, a person is required to meet Australian skill levels, health checks and security clearances. Australian employers must also conduct the same health and safety checks and inductions for offshore workers as for locally employed staff.

Q. What happens to overseas workers when there is less work available?

A. The subclass 457 employer sponsored temporary visa requires a person to work in their designated occupation while they are in Australia. If they are not working, the visa holder is given notice that their visa may be cancelled and they may be required to return to their home country.

Where industries experience sharp rises and falls in activity, it may make economic and business sense to use a nationally and internationally mobile workforce. In recognition of this, the subclass 457 visa is provided specifically for Australian employers to source temporary skilled labour from offshore, provided they meet the relevant criteria.

Q. Does imported labour displace the young unemployed?

A. No, the use of offshore skilled labour does not disadvantage young Australians. The youth employment rate generally refers to an estimate of unemployed 15 to 21 year olds who may be unskilled, low skilled or lacking sufficient experience required by employers. Companies making multi-million dollar investments require access to a skilled and experienced workforce.

Q. How does utilising offshore skilled labour impact on local content?

A. Local content is maximised when there is adequate infrastructure, labour and capital available in the domestic market.

A significant skill and labour shortage is likely to threaten local industry capability, which may lead to more work being completed offshore. Engaging skilled offshore labour to meet skill shortages allows employers to deliver a higher level of local content, which benefits the WA economy.

For more information contact CCI Migration Services on 9365 7618 or e-mail: visas@cciwa.com

There are a number of avenues for entry to Australia depending on the length of time people intend to remain in the country.

Short-term stay

The business (short stay) visa
This visa may be issued for single or multiple entry. Holders of a multiple entry visa may make any number of journeys to Australia for up to three months on each occasion.

Multiple entry visas may be valid for up to five years, or the life of the passport (to a maximum of 10 years). Applicants must apply for this visa outside Australia.

The Electronic Travel Authority
The ETA allows tourists and business visitors to obtain visas for Australia at the time they make their travel arrangements. The ETA system is accessible through travel agencies and airlines in the United States, Japan, Singapore, Malaysia, Korea, United Kingdom and many other Asian and European countries.

The APEC Business Travel Card
This card provides business people with simplified entry to a number of economies of the Asia-Pacific Economic Co-operation (APEC) forum. Holders must be passport-holders of one of the participating countries, currently Australia, Chile, Chinese Taipei, Hong Kong SAR, Korea, Malaysia, New Zealand and the Philippines.

Brunei, Darussalam, China, Indonesia, Peru and Thailand have also joined the scheme and will commence issuing cards in the near future.

Cardholders enjoy express immigration clearance and pre-cleared entry to participating economies.

Long-term stay

Longer terms are available for business people allowing up to four years temporary residence in Australia. A number of visas facilitate the entry of a long- term visitor to Australia.

Labour agreements
A labour agreement is a formal arrangement negotiated between the Commonwealth Government, represented by the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) and the Department of Employment and Workplace Relations (DEWR), and an employer or industry association.

Labour agreements enable Australian employers to recruit a specified number of workers from overseas in response to identified or emerging skill shortages in the Australian labour market. Agreements are normally negotiated for a period of two to three years.

Regional Headquarters Agreements
RHQs are a form of labour agreement negotiated between the Department of Industry, Tourism and Resources (Invest Australia), DIMIA and an employer who wishes to locate their regional headquarters in Australia. These agreements offer both permanent and temporary entry to key executive and specialist personnel who are essential to the establishment and management of the Australian-based regional operations.

Immigration arrangements for those entering Australia under an RHO are streamlined and given priority processing over standard labour agreements.

Business Temporary Entry visa
These arrangements cater for employers wishing to sponsor the temporary entry of highly skilled personnel to Australia. Under the current arrangements employers are able to sponsor a range of occupations including professionals, para-professionals and skilled trades people who have employment in Australia.

CCI Migration Services is available to provide advice and guidance to employers seeking to sponsor an employee from offshore.

For more information contact CCI Migration Services on 9365 7618 or e-mail: visas@cciwa.com