The Australian Mining Journal

SIX KEY STRATEGIES TO ACCESS SKILLED MINING PERSONNEL

Back in the 1940s, the then Minister for Immigration, Arthur Calwell, prophetically proclaimed that Australia must “populate or perish”; words that still resonate strongly more than sixty years later.

Last year, around three-quarters of Australia’s regional employers said they had had difficulty recruiting employees. They named the lack of suitably qualified employees as the second most important limitation for business investment.

There are some answers to this dilemma that can give Australia’s mining industry access to not only a local but also a global pool of skills. They can be achieved in the short term and would complement the long-term strategic education and training of Australians.
Some of these include:

1. Fast temporary work visas for up to four years
These are often the most practical and immediate solution for a mining business. More than 50,000 of these popular visas (known as “457 visas”) are issued annually. In addition, very recent changes in the law have made it possible for some mining companies to directly sponsor bona fide entrepreneurs to travel to and enter Australia on one or more occasions for up to three months to conduct business. Examples of appropriate activities include a conference, negotiation, or exploratory business visit. These visas are intended for those business visitors (including prospective employees, but seek legal advice first) with an Australian sponsor and who are looking for an expedited process. In addition, the estimated 100,000 vacationers who work and travel constantly in Australia can now work for each employer for six months per job instead of three months.

2. Mining Company Employer-Sponsored Permanent Residency for Overseas Skilled Workers
The express visas described above can also be used by the employer and employee as “stepping stones” towards permanent residence in Australia (the right to live and work in Australia permanently with family). there are three ways to do this. First, employ a “457 visa” holder who has held a “457 visa” for at least two years (or only one year if the employee has already held a “457 visa” with another employer for one year), and then apply for permanent residence as a permanent employee. Second, if the proposed permanent employee has three years of post-qualification experience, he can use an assessment of her skills abroad as a basis for permanent residence. Third, a suitably qualified employee who is offered a salary of at least $165,000 can permanently stay that way. In each case, the employer must also have sponsorship approval from the Department of Immigration and Multicultural and Indian Affairs (DIMIA).

3. The Regional Sponsored Migration Scheme (RSMS)
If an employer finds and nominates an applicant for employment abroad, then a DIMIA Regional Certification Body (RCB) can certify the person and position for approval, as well as assess the employer’s nomination. After that, the visa can be granted. RCBs are strategically located throughout Australia and can be contacted via a national toll-free number or through a solicitor or immigration agent.

The advantages of the RSMS for an employer are:
. Employers are entitled to a 10 percent lower minimum wage for the visa applicant ($37,665 instead of $41,850 for a “457”);
. Employers can target a broader range of occupations, including semi-skilled workers;
. There are useful relaxations to the usual stringent visa requirements, namely the visa applicant’s age and language skills.

4. Skill Match Database (SMD)
This is a free service offered by DIMIA on the Internet, connecting around 6,500 qualified immigrants (whose resumes are online) awaiting sponsorship, with local jobs. The website offers you the option to search for potential candidates in the required occupation and request access to specific job applicant details.

5. Regional Outreach Officers (ROO)
ROOs provide information on state-specific/regional migration initiatives and liaise on behalf of employers with state/local governments to raise awareness of regional migration. They aim to work with the employer’s skills needs and goals and employers must notify them of any skills shortages.

6. Skills Migration Expos: Australia and Overseas
DIMIA has taken steps to market Australia’s skills shortages and needs to the world and within Australia. It organizes a series of “Australia Needs Skills” exhibitions around the world that give employers access to qualified English-speaking immigrants they can sponsor in Australia. Upcoming exhibitions include Detroit and Houston (USA), Sao Paulo (Brazil), Lima (Peru), Dublin (Ireland) in late August/early September, and Manchester and London (UK) in early October . Last year’s international exhibitions attracted more than 8,000 attendees in London, Amsterdam, Berlin and Chennai.

DIMIA exhibitions in Australia aim to connect employers with temporary visa holders and permanent residents. The exhibitions are aimed at international university students, working holidaymakers (backpackers), temporary residents, foreign tourists and other skilled workers in Australia. In 2005, exhibitions were held in Brisbane, Melbourne and Perth with around 40 employers and 35 regional and state government representatives. There were around 500 attendees in Brisbane, 4,800 in Melbourne and 2,800 in Perth.

Solutions clearly exist to address the current skills shortage in the mining industry. However, it is essential to consult an immigration lawyer and agent with experience and success in proven cases, as the Australian Government cannot be relied on for advice or assistance and the laws in this area are constantly changing and evolving.

For more information visit the DIMIA website at http://www.immi.gov.au

About the author: Justin Rickard BA LL.B MA (SYD.) MMIA, has been a Barrister and Solicitor since 1986, practicing in the Supreme Court of New South Wales, Federal and High Courts of Australia. He is the lead attorney for Justin Rickard & Associates in Sydney. Justin has been a registered immigration agent since 1994 and can be contacted on (+612) 9981 7755 or at http://www.australianimmigrationlawyers.com

(this article is currently being updated to reflect recent changes in the law)

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Category: Legal Law