The Department of Immigration and Citizenship (DIAC) is conducting a review of Australia’s Permanent Employer Sponsored Visa program. As part of this review, DIAC released a discussion paper on 19th August 2011 and are currently in the process of seeking public consultation and feedback on its content.

Which Australian Employer Sponsored Visas Categories Are Under Review? 

• Employer Nomination Scheme (ENS) (subclasses 121 and 856)
• Regional Sponsored Migration Scheme (RSMS) (subclasses 119 and 857) 
• Labour Agreements (LA) (subclasses 120 and 855)

Objectives of the Permanent Employer Sponsored Visa Program Review?

The Australian government have stated that they are “…committed to providing Australian employers with access to overseas skills, ideas, contacts and technology that improves productivity and assist Australian businesses to compete in the global market.”

Employer Sponsored Migration is an important strategy in addressing shortages in the Australian labour market. DIAC's review is intended to evaluate and enhance the effectiveness of this strategy, and ensure that it achieves the purposes for which it was designed – to provide Australian employers who cannot find Australian workers with the ability to quickly recruit overseas skilled workers, or skilled workers currently in Australia on another visa, to work in their businesses.

The primary objectives of the review are to:

• ensure the Employer sponsored visas categories continue to support employment and training opportunities for Australians and ensure migrants are not exploited
• assess whether the skills needs of Australian employers are being met in an efficient and effective manner by current Employer sponsored visa programs  
• ensure those individuals migrating to Australia have the requisite skills and experience that Australian employers need 
• make it easier for certain skilled temporary skills visa holders, such as people living and working in Australia on a Temporary Business (Long Stay) subclass 457 visa, to be sponsored for permanent residence to Australia after they have been employed for several years and will remain employed after their permanent residence has been granted
• assist Australian regional businesses in remote and low population growth areas to recruit skilled works
• ensure  Employer sponsored visa programs accord with the government's commitment to simplify the ENS visa program and make it more accessible to Australian employers
• ensure proposed changes to the Employer sponsored visa program accord with DIAC's long-term planning framework, particularly in respect of SkillSelect.

Content of Employer Sponsored Permanent Residence Visas Review:

The content of the review specifies particular areas of significance within the Permanent Employer Sponsored Visa program which are to be the focus of the review and any future possible alteration to the program. 

• Whether to abolish the Labour Agreement subclasses in favor of incorporating these into the Employer Nomination Scheme (ENS) or Regional Skilled Migration Scheme (RSMS).
• Whether the current English language requirement for ENS and RSMS are appropriate
• Whether the current salary level for ENS and RSMS skilled workers are adequate
• Whether the current Skill level required for ENS and RSMS visas is adequate
• Whether the Age requirement for ENS and RSMS visas should be raised to 45-50 
• Where exemptions to the standard criteria for ENS and RSMS visas should be considered and afforded
• To what degree exemptions to the standard criteria should be waived for skilled workers willing to work in regional areas
• Whether a provisional visa should be introduced to encourage migration to regional areas
• Whether the list of approved occupations for ENS visas should be linked to the 457 approved occupations list
• The specific role of Regional Certifying Bodies in approving positions for RSMS visas
• The effectiveness of E-lodgement of ENS and RSMS visa applications

The scope of this review is broad, and its results are likely to have a significant effect on policy making and procedure regarding Australia’s ENS and RSMS visa programs.

Stages of the Employer Sponsored Visa Program Review:

Specifically, DIAC is seeking public consideration and feedback on the following issues;

• Which pathways are appropriate for semi-skilled workers
• How to ensure sponsored workers perform well
• What concessions are appropriate for regional visas
• How to ‘fast-track’ the process of applying for permanent residence when holding a temporary work visa (such as a 457)

At the conclusion of the consultation period, all recommendations on these issues regarding Australia’s Permanent Employer Sponsored visa program will be developed and submitted to government for consideration and approval.