457 visa

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The 457 visa is the most commonly used program for Australian or overseas employers to sponsor skilled overseas workers to work in Australia temporarily. The full title of this subclass of visa was Temporary Business (Long Stay) and was introduced soon after John Howard came to office in 1996. The title of the visa was changed to Temporary Work (Skilled) (Subclass 457) visa on 24 November 2012. Applications are processed by the Department of Immigration and Citizenship.

Requirements

Holders of this visa may be employed for a period of between three months and four years and may bring any eligible family members, including same-sex partners, who have unrestricted work and study rights in Australia. Holders of the subclass 457 visa have no limit on the number of times they travel in and out of Australia.[1]

Employers must be approved by the Australian government as an eligible employer. Employees are restricted to working for their sponsor and may not work (or volunteer) for any other organisation. In order to change employers, the employee needs to arrange for their "new employer" to become a 457 sponsor, if they are not one already, and then lodge a 457 nomination. Once the nomination is granted the employer obligations will shift to the new employer and the visa applicant is restricted to only working for them. There is no need to apply for a new 457 visa, unless there is less than twelve months remaining on the current visa.

Employees must also meet minimum levels of qualifications and English language skills, in addition to character and health requirements. For these requirements see the 457 visa checklist. Some trades and passport holders from certain countries may be required to do a skills assessment (see the TRA website).

Whilst the employer can nominate a person for the particular position they are trying to fill, it is the Department of Immigration and Citizenship which determines whether the criteria for visa grant have been met.

457 visa holders can convert to Australian permanent residency status. It is common for 457 visa holders to apply for a permanent Australia residents visa with a view to permanently settle in Australia and become Australian citizens.

There has been a recent increase in the number of grants of permanent residence visas to people who last held a Subclass 457 visa.

However there is Australian parliamentary concern regarding overseas agents falsely marketing permanent residency to Australia.

Restrictions on the 457 visa

The visa conditions state that the worker is confined to the nominated occupation, and that any period of unemployment cannot exceed ninety days.[2]

457 visa holders are allowed unlimited travel outside of Australia and are eligible to borrowing from the banks in Australia. Since many 457 visa holders are in Australia for long term employment and also many end up becoming permanent residents, some Australian banks are comfortable with allowing 457 visa holders to borrow.

457 visa holders are not entitled to many tax reliefs or government assistance in any way. Holders of this type of visa have to maintain adequate private health insurance at all times while they are in Australia as a condition of their visa. Eligible 457 visa holders from some countries with reciprocating government medical insurance schemes are entitled to limited benefits under the Australian Medicare scheme.

Despite paying tax like any other Australians, 457 visa holders have many disadvantages while living in Australia such as paying excessive school fees per child to attend government schools or universities as they are considered international students. Children of 457 visa holders cannot enroll in some training programs such as apprenticeship, these are reserved for permanent residents and Australians. Many 457 visa holders only become aware of these restrictions when they start working in Australia because this information is not fairly publicized to prospective applicants.

457 visa update

The Australian Government has reviewed the 457 skilled immigrant visa and has made some provisions that will fast track the transition to permanent residency starting on 1 July 2012. Starting in 1 July 2012, non-resident workers on the 457 skilled immigration visa will be able to transition to permanent residency if they have two years with the employer who has sponsored them and if the employer provides a full-time position in the 457 visa holder's nominated occupation.

Furthermore, the Australian Government has recognized that 457 visas deserve priority in review as they are highly responsive to the needs of the market.

DIAC statistics at the end of February 2013 state that there were 107,501 primary 457 visa holders in Australia.

See also

References

  1. ↑ http://www.immi.gov.au/skilled/skilled-workers/sbs/
  2. ↑ 457 visa holders obligations

PAM3: Sch2Visa457 Business (Long Stay) - Nomination & visa applications

External links

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