Temporary work (skilled) visa - 457

 

Just in from Migration Institute of Australia (MIA)

The Minister for Immigration and Citizenship, the Hon Brendan O'Connor MP, announced major but yet undefined changes to the Subclass 457 visa in a media release over the weekend of 24 February 2013, as follows:

  • Employers must demonstrate that they are not nominating positions where a genuine shortage does not exist
  • The English language requirements for certain positions have been raised
  • The enforceability of existing training requirements for businesses that use the program will be strengthened
  • The market salary exemption will rise from $180,000 to $250,000
  • On-hire arrangements of 457 Visa workers will be restricted
  • Compliance and enforcement powers will be beefed up to stop employers who have routinely abused the 457 system
  • Stakeholders will be consulted to ensure market rate provisions more effectively protect local employment

DIAC has provided the MIA with the following further information about the changes:

  • More detailed information is expected on the DIAC website
  • The Minister's announcement is the policy - DIAC is now working on details and legislation;
  • Most changes are expected to be introduced on 1 July 2013;
  • DIAC believes that genuine users of the Subclass 457 visa program who are not trying to use if for purposes for which it was not intended will not be affected by the changes.

 

 

Information for Employer Nomination for subclass 457 - Temporary work (skilled) visa

Charges & Fees (as of 1 January 2015)

Visa Application Charge

$1035 per applicant over 18

$260 per child

Subsequent temporary application charge$700 per applicant

Nomination Charge

$330 

Sponsorship Charge

$420

 

3-Step Process:

1.  Employer applies to be a sponsor

2.  Employer nominates a position

3.  Employee applies for a visa

The sponsorship, nomination and visa application can be lodged at the same time or separately.

Sponsorship Application:

  • To meet the requirement that you are lawfully operating a business (in or outside Australia) the business sponsor must provide evidence to show 'lawfulness of the business' including for instance:
  • Business Activity Statements
  • Business Tax Returns for the most recently concluded financial year
  • Recent Financial Reports (profit and loss statements for the most recently concluded financial year)
  • Company Annual Report

When your application has been lodged, additional documents may be requested in addition to the ones mentioned above. This list is not exhaustive and is a guide only.

  • If you have traded in Australia for 12 months or more you must meet any prescribed training benchmarks.This means that the business must be able to show that you have spent a min. of 1% of your wage expenditure on training existing staff in the last financial year.   Usually if you can show that you have been involved in some training programs, i.e. apprenticeships etc. you will be deemed to have met the training benchmarks.

Nomination Application:

For all nominations you must provide details of the actual nominated position (not the person being nominated)

Information may include: 

  • Job title, duty statement and responsibilities
  • Qualifications, essential skills, employment experience and registrations/licences required to perform the position

Only nominations for a skilled occupation that has been approved by the Australian Government can be made. The list of eligible occupations is available on the Consolidated Sponsored Occupations List. Subclass 457 visa applicants are required to demonstrate that they have the skills and experience necessary to perform the nominated occupation.If your nominated occupation is a trade occupation the applicant may be required to undertake a skills assessment (depends on the trade and country of qualifications).

The Temporary Skilled Migration IncomeThreshold (TSMIT) ensures that your workers will have enough money to be self-reliant while they are in Australia. You must demonstrate that the market salary rate for the position you are seeking to fill is greater than the TSMIT. If the market salary rate for the position you wish to fill does not exceed the TSMIT, you will not be able to access the subclass 457 visa program.  At present the TSMIT is set at AUD $53 900 and is indexed annually.

There is also the requirement that the employer will provide equivalent terms and conditions of employment.

Evidence may include:

  • Appropriate references to or copies of Certified Agreement (CA)
  • Appropriate references to Industrial Award

or if there are Australian Citizens or Permanent residents performing equivalent work in the sponsor's workplace at the same location you may provide evidence such as:

  • Copies of relevant Employment Contracts
  • Appropriate references to or copies of CA's from similar workplaces
  • Similar job vacancy advertisements
  • Appropriate references to Australian Government's Job Outlook
  • etc.

It is important that the applicant can speak, write and understand a sufficient level of English while they are in Australia. The applicant must demonstrate that they have English language proficiency that is equivalent to an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening.

The applicant (NOT the sponsor) is responsible for all health costs for themselves and their family. Under Australian law, they must provide evidence that they have made adequate arrangements for health insurance for themselves  and all accompanying family members.

When your application has been lodged, documents in addition to the ones mentioned above may be requested. This list is not exhaustive and is a guide only.

 For more information please contact us.