Proposed ´457 Visa´ Regulations Make Temporary Workers Less Viable

In early February, the Minister for Immigration & Citizenship, Senator Chris Evans, released the draft Migration Amendment Regulations 2009 (Cth) (Regulations), which contain new obligations for employers that sponsor subclass 457 visas workers. These obligations leave employers with little incentive to sponsor an employee under the scheme. The draft regulations are subject to review before being implemented and are not expected to be in force before September 2009.

The proposed employer obligations under the Regulations

The key obligations proposed for employers include:

• the employer must pay 457 visa workers the MSL commencing on the date of employment and ending on the earlier of the date on which a new visa is granted or the date on which employment ceases. This clarifies the existing position;