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3rd July 2013
Volume 245

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In This Issue
Update from RDA, Orana: Multiple Occupations taken off list.
457 Updates Part II
Labour Market Testing Requirements
Dear students, 


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Today we cover the second set of changes in our series detailing the updates to the 457 visa plus occupations taken off RDA, Orana list. 

Important: NSW SMP, Orana Update  

We received an email from Regional Development Australia, Orana today letting us know that they are taking Accountant (General), Taxation Accountant, Agricultural Scientist and IT Systems Admin off the list for 489 nominations.

This is not up on the NSW SMP website yet but it has been confirmed this morning with them. You can view the updated list below:
Temporary Visa Subclass 457 updated requirements: Part II


The recent changes to the visa subclass 457 has resulted in a lot of anxiety among current and prospective applicants; both in Australia as well as abroad. We elaborated on the first part of the reforms on our newsletter dated July 1st 2013 (read here); we will continue with the explanations in this article.



Today we have covered the new English Language requirements for applicants, please wait for our next edition to read in detail about the Labour Market Testing Requirements.


Start-up businesses now have restricted terms of sponsorship and can only be granted approval for an initial twelve months which can be extended if the business meets the re-application requirements. Therefore all 457 visa holders sponsored by start-up businesses are limited to an initial twelve month visa.


English language requirements for the 457 visa has been made more stringent with the definition now aligned with the Employer Nomination Scheme.  


Occupation based language exemptions have now been removed, which means that a prospective 457 applicant will have to give either an IELTS or Occupational English Test (OET). The required test score of 5.0 for IELTS in all four bands or OET score of 'B' in each of the four components, has to be less than three years old at the time of the 457 visa application.


Exemptions other than the Occupation based ones remain that is:

1. The nominated employee's salary has to be over the updated ELSET amount which is a base salary of $96400.

2. The nominated employee has a passport from Canada, United States of America, United Kingdom, Republic of Ireland and New Zealand.

3. The nominated employee has completed at least five consecutive years of full-time study at secondary or higher education level.


All sponsorship, nomination and visa applications have to be lodged online. All applications made by and related to overseas business sponsors will now be processed in Australia.


1st of July 2013 onwards it is mandatory for 457 visa holders to commence work within 90 days of arriving in Australia.


The grace period for a 457 worker to find another sponsor if they cease employment has been extended to 90 consecutive days from the earlier 28 days.


Fair work inspectors will be enabled to exercise their powers for the purpose of the migration act. They will essentially have extended powers to investigate whether workers are working in their nominated occupation and are being paid market salary rates.

Some light reading?  
Have a few spare minutes and nothing to do? Try reading one of our riveting historical newsletters to give you a buzz.

Won't exactly blow your mind but might rattle loose a filling.


For the recent ones using the new newsletter format, they can be found here




For our older newsletters they can be found on our web site through the following link;

Labour Market Testing
The highly debated Migration Amendment (Temporary Sponsored Visas) Bill 2013 has been passed, please keep an eye out for our next news-letter for a lengthy article explaining the Labour Market Testing requirements.
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Kind regards,

Karl Konrad, Managing Director


Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

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 At Australian Immigration Law Services (AILS), we offer professional advice and practical solutions to all migration matters. Our team of licensed agents and consultants specialise in various areas of immigration law, such as skilled migration, business, family, and reviews.


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It is a very interesting time for applicants looking to get sponsored by Employers and Employers looking for skilled workers.



Whether the recent reforms will actually have a positive impact or not remains to be seen but we remain concerned that some of these updated requirements might cause delays for genuine applications.



We are working on a detailed article to answer all your queries on the updatedLabour Market Testing requirements, so keep your eyes open for the next edition of Immigration News.


Karl Konrad

Karl Konrad

Managing Director

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 Executive Manager

Jee Eun HAN


Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 13, 37 York Street Sydney NSW 2000

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