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Abolition and replacement of the 457 visa - March 2018 (affects permanent sponsored visas and subclasses 485,189, 190, 489, 407) - call our office to discuss this further
The Subclass 457 visa may be granted up to four years and is a multiple re-entry visa for the duration of the visa. There are a number of sub-categories within the 457 Visa Subclass. The most common being a "Temporary Work Visa".
An application for a 457 Visa is split into three applications: -
This is an application whereby the organisation applies for approval to act as a sponsor. Part of the application includes the organisation having to show that it is a substantial organisation, capable of paying the Applicant’s salary, has a successful trading record and has a policy of training local staff. Please refer to the gazette attached regarding training benchmarks. Also refer to the following frequently asked questions regarding the training benchmarks.
The organisation must nominate the Applicant for a particular position for a particular position on the Consolidated Sponsored Occupation List (CSOL).That position must be on a gazette list that is prescribed by the Department of Immigration from time to time. The base salary payable must not be less than $53,900.00 per annum (not including any other additional payments, allowances, fringe benefits or superannuation).
For subclass 457 sponsors, there is an obligation to ensure equivalent terms and conditions of employment will mean that they pay market salary rates to their overseas workers. If the applicant’s salary is less than $250,000 then, you will need to explain the Applicant’s salary package in an email or letter. This is explained on the following link:- http://www.immi.gov.au/Visas/Pages/457.aspx (refer to the section called "nominate")
You will need to provide evidence demonstrating that the proposed terms and conditions of employment for the nominee are not less favourable than what would be provided to an Australian citizen or permanent resident performing equivalent work in the person’s workplace at the same location.
Ideas on providing independent evidence of market rates for the relevant occupation may as follows.
- If a fair work instrument, state industrial instrument or transitional instrument does not apply, and an Australian citizen or Australian permanent resident would be provided with employment terms and conditions at above award rates on an individual contract, provide a range of evidence from the following list:
- evidence of what Australian employees are paid in similar workplaces including:
- information from employer associations
- information from unions
- broader labour market salary data including:
- appropriate references to the Australian Bureau of Statistics (ABS) Employee Earnings and Hours Survey available at www.abs.gov.au
- appropriate references to the Australian Government’s Job Outlook website available at www.joboutlook.gov.au
- copies of remuneration surveys (a number of surveys with an explanation of how they relate to the nominated position)
- similar job vacancy advertisements together with the salary, duties and job description.
Labour market testing (LMT) in the Subclass 457 programme was introduced 23 November 2013. Standard business sponsors are required to test the local labour market prior to lodging a nomination and, on implementation of the LMT condition, must provide information with their nomination about their attempts to recruit Australian workers and how they have determined on the basis of these attempts that there is no suitably qualified and experienced Australian citizen, Australian permanent resident or eligible temporary visa holder available to fill the position.
MLT is not always required and its best to discuss this issue with a consultant first.
A case officer might request evidence demonstrating that the position associated with the nominated occupation is genuine including the need to provide:
● Evidence that the position fits within the scope and scale of the business
● Evidence that the position is necessary to the operations of the business
● Organisation chart
● Evidence that the position has been previously occupied and a statement of reasons why it has become vacant, or
● If the position is new, evidence of new contracts secured by the business / business expansion plans / market research.
There are other requirements for the nomination application and we strongly advise you thoroughly researching all these issues prior to any lodgement.
This application is the Applicant’s visa application. As well as satisfying the health and character requirements, the Applicant must satisfy all of the visa requirements. Included will be evidence that s/he is qualified by way of qualifications and/or work experience to meet the nominated position. They will be able to include with this application any dependant family who will have no work limitations.
From 14 September 2009 it is a requirement for visa grant that applicants have made adequate arrangements for health insurance for themselves and accompanying family members. Subclass 457 visa holders are subject to visa condition 8501. Condition 8501 requires all visa holders to maintain adequate arrangements for health insurance for the duration of their stay in Australia. You are required to maintain an adequate level of insurance cover for the duration of your stay in Australia. This insurance must be at least as comprehensive as the minimum level of coverage required under the subclass 457 visa program. For the minimum level of coverage required, see Attachment A to the health insurance standard template letter on this link:-
The above three applications are substantial applications but if you engage our services we will ensure that the entire process is simplified and made easy for you to follow. The average processing time for 457 Visa Applications can be between one and four months. The timeframe depends on how organised and available your and the Applicant’s paperwork is. Our office will be able to give you further information in this regard once we know more about your organisation and the Applicant.
Migration Consultants Australia Pty Ltd
ACN: 103 785 691
Registered Agents 0211550 | 1170243
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