IMPORTANT amendments to migration regulations took effect on 19 April 2016 relating to non-discriminatory recruitment practices and English language testing requirements under the 457 visa scheme.

Schedule 1 of the Migration Legislation Amendment (2016 Measures No 1) Regulation 2016 requires standard business sponsors to refrain from engaging in discriminatory recruitment practices, i.e. to refrain from directly or indirectly discriminating against a person based on their immigration status or citizenship.

Schedule 2 of the regulation adjusts the criteria which must be met for an applicant to make a valid application for a subclass 457 visa. It also adjusts the English language criteria which must be met by certain applicants in order for the visa to be granted.

The Schedule 2 amendments are aimed at improving the flexibility and efficiency of the 457 visa program, and seek to simplify requirements for certain visa applicants by amending the English language criteria.

According to the explanatory memorandum to the regulation, the new measures are aimed at:

• Addressing inappropriate use of the 457 visa program by imposing an obligation on standard business sponsors to require them not to engage in recruitment practices which discriminate against potential employees on the grounds of immigration status or citizenship;
• Streamlining the processing of 457 visa applications by requiring visa applicants to enter details of a nomination by a sponsor or proposed sponsor when making internet visa applications; and
• Removing visa criteria which require evidence of English language proficiency by 457 visa applicants who are already required to demonstrate such proficiency to obtain occupational registration or licensing.

Other provisions of the regulation will impact on student visas and are again aimed at simplifying the visa process. Those provisions will take effect on 1 July 2016.

Click here for the new regulation and further information.