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Special Issue Articles

Australian Immigration Policy in Practice: a case study of skill recognition and qualification transferability amongst Irish 457 visa holders

Pages 491-509 | Published online: 25 Aug 2016
 

ABSTRACT

Immigration quotas in Australia are guided primarily by economic policy—the needs of the nation are quite rightly the principal concern of policymakers. Using data from a mixed-methods study, this article engages in a dialogue between labour geography and population and migration studies through an examination of the lived experiences of migrating workers and their families. The paper examines a number of cases where policy and practice have detrimentally affected the migration experience of Irish migrants who came to Australia under the Temporary Work (Skilled) (subclass 457) visa. The case study focuses on interviews with secondary 457 visa applicants, namely the wives of former 457 workers. These interviews highlight the problems faced by newcomers to Australia who arrive under this visa. The experiences relayed by these women demonstrate how ill-considered policy relating to qualification transferability makes entering the workplace and, therefore, transition to life in Australia more difficult than it needs to be. While the cases that underpin this paper ended in migration failure (the families involved returned to Ireland), the core issues of qualification transferability and skill comparison were replicated in the wider study dataset (of 1022 survey responses and 80 qualitative interviews). While acknowledging that citizens generally have more freedom and more civil rights than non-citizens, the findings of this study indicate that further review of Australia’s 457 visa is needed, particularly with respect to the limitations placed on the agency of migrant workers. Greater awareness amongst prospective migrants as to the purpose and limits of the 457 visa is also necessary, in order to avoid misinterpretation and the extreme personal repercussions outlined in this paper.

Acknowledgements

The author gratefully acknowledges the kind and generous supervision provided by Professor Graeme Hugo AO under which the research project that provided the data for this article commenced.

The author wishes to expressly thank the anonymous reviewers of this work for their thorough and knowledgeable feedback.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. Betzien (Citation2008) argued that the proposed Pacific guest worker scheme would ‘create a semi-indentured subservient class of workers, as has occurred under the 457 visa program’ (emphasis added).

2. Visa holders have 90 days in which to secure a new employer sponsor if they have a valid reason for terminating the contract with their current employer.

3. DIBP officials stated recently (April 2016) that promotion could jeopardise the continuation of a 457 visa and/or hamper a subsequent permanent residency application since discontinuing employment in the position specified in the employment contract meant the visa holder did not comply with the conditions of the visa granted.

4. The 400 series visa programme allows for the temporary entry of people to Australia for economic, social or cultural purposes (DIBP Citation2014a).

5. It should be noted that Hugo's report stated that

In 1986/87 the highest workforce participation rates (in excess of 50 per cent) were in the independent, skilled labour, concessional and ‘other’ categories although those of the Family 1C and 1A and refugees were also high (between 40 and 49 per cent). On the other hand, the rates for the Family 1B (18 per cent), Special Eligibility (29.2) and Business (31.9) categories are relatively low. (Hugo Citation1988, 17)

6. The SSAS was the first step towards a structured migrant assessment protocol. Immigration officers had to complete a two-part interview report—Part A related to economic factors and Part B required the interviewing officer to make an ‘Assessment of Personal and Social Factors’ regarding the applicant (Hawkins Citation1991). ‘NUMAS was an amalgamation of the Canadian points system and the SSAS which preserved the two-part assessment format but added numerical weightings to a total of 100’ (Hawkins Citation1991, 142). Opposition to it lay in the widely held perception that it indicated a return to the White Australia policy. The Canadian system did not require family migrants to be assessed under the points system and for other migrants, 90 of the 100 points focused on economic factors with only 10 points awarded for ‘personal suitability’.

7. Pseudonyms are used to de-identify participants.

8. Julie's assertion that everything would be ‘grand’ reflected her ability to stay at home with the children rather than a sense of pleasure at Michael being away 3 weeks out of 4. In her eyes, the reduction of the time the children would need to spend outside the home at childminding facilities was the primary benefit of the move. For Julie, having to work outside the home was an economic necessity in Ireland, rather than a choice.

9. The Department of Human Services pays a Child Care Rebate of 50 per cent of out-of-pocket childcare expenses for approved childcare, up to an annual limit of $7500 per child, for eligible carers (usually permanent residents and citizens) who meet the Work, Training, Study test for the rebate.

10. $1500 to have her transcripts assessed by the Australian Psychological Society, $5400 for supervision and around $3000 on registration.

11. Having fulfilled the requirements to be registered as a migration agent with the Office of the Migration Agents Registration Authority.

12. Lobbying group, Interview 45.

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