The Temporary Work (Skilled) (subclass 457 visa) allows businesses operating in Australia the ability to sponsor skilled overseas workers to fill skill shortages within their organisations.
The 457 temporary skilled work visas are suited to applicants who are looking to work for/ or currently working for a lawfully operating employer in Australia.
The benefit of the 457 visa is for applicants who have gained relevant skills through long term employment and not just limited to formal educational qualifications to demonstrate their skill set. Applying for this visa, applicants and employers must meet specific criteria and provide required evidence to support their claims to the Department of immigration and Border protection.
Employers most importantly must be lawfully operating, not have any adverse information, meet the threshold of the payroll expenditure requirement and must demonstrate the genuineness of the position offered to the applicant is relevant to the nature of their business activities.
The application is processed in 3 stages for new employers who are not standard business sponsors in Australia.
The visa applicant or employee must also meet eligibility for the 457 work visa, and most importantly must hold the skill set necessary as set out by either skills assessing authorities (mainly for trade occupations) or the Australia and New Zealand standard classification of occupations (ANZSCO).
Recently the Government announced that they would be abolishing the 457 visa from March 2018, with incremental changes starting as early as 19 April 2017 as follows:
19 April 2017 – Introduction of new occupation lists; Short Term Skilled Occupation List (STSOL) replaces the Consolidated Skilled Occupation List (CSOL); and the Medium and Long Term Strategic Skills List (MLTSSL) replaces the Skilled Occupation List (SOL). These changes have seen the removal of 216 occupations from both lists and restrictions placed on 59 of the included occupations.
Stay period introduced as follows:
- Occupations listed on the STSOL will allow new 457 visa holders a stay facility of up to 2 years with the option to renew once only onshore; and
- Occupations listed on the MLTSSL will allow new 457 visa holders a stay facility of up to 4 years with the option to renew once only onshore, and to also apply for permanent residence with the sponsor after completing 3 years full time work whilst they are the holder of the 457.
1 July 2017 – Introduction of mandatory character checks through the provision of police clearance certificates; English language requirements will no longer have exemptions available for salaries above $96,400.00. p.a.; and employer training benchmarks will be refined.
By 31 December 2017 – The Department of Immigration and Border Protection (DIBP) will commence the monitoring of 457 visa holder’s salaries by sharing information with the Australian Taxation Office (ATO) to ensure visa holders are being paid correctly by their sponsors.
DIBP will also commence publishing details of sponsors who have been sanctioned for breaching their sponsorship obligations to better protect potential applicants from unscrupulous sponsoring employers.
From March 2018 – the 457 visa will be replaced by the TSS visa.
Stricter eligibility criteria will take effect including the addition of the following requirements:
- Applicant’s must have at least 2 years full time work experience in their nominated occupation;
- Labour Market Testing (LMT) (advertising) will be mandatory for all nominated positions; and
- Employers must pay their 457 visa holders the Australian market salary rate and/or meet the Temporary Skilled Migration Income Threshold requirement (currently $53,900.00) – whichever is higher.
If you would like to discuss your eligibility for this visa with one our Registered Migration Agents, please contact our friendly team via phone on 07 55324499, or email at email@example.com
Skilled foreign nationals who want to work and settle down in Australia must apply for the appropriate visa which is why it’s important to understand the eligibility criteria for the different types of skilled/employer sponsored visas. By consulting one of our Registered Migration Agents, you can receive the correct information and advice to assist you in finding the appropriate visa for you.
We offer a complimentary initial online assessment to confirm which visa you may be eligible to apply for.