Whether you operate a small business or manage a large Australian Corporation Work Visa Lawyers ® can provide you with advice and assistance regarding temporary work visas, including complete assistance with:
Subclass 457 Applications
Working Holiday Visas
Specialist Work Visas Including Religious, Sport and Entertainment
Labour Agreements
Subclass 457 Applications
We provide the following services in relation to subclass 457 visas:
- Subclass 457 Applications Including Business Sponsor Approval
- 457 Business Sponsor Compliance and Response to Monitoring
Subclass 457 Applications Including Business Sponsor Approval
Employers can sponsor overseas workers to work in Australia on a temporary basis. The subclass 457 visa is for periods from one day to four years.
Employers must become approved business sponsors to enable them to sponsor overseas workers.
We can advise employers and individuals about the requirements for a successful 457 application.
There are three stages to the 457 visa application process:
Stage 1: Business Sponsorship Application
There are a number of requirements that must be met for an employer business to become an approved business sponsor for subclass 457 visas.
Training Benchmark
The Department has a strong focus on employers demonstrating that they provide at least a benchmark level of training to current Australian citizen and permanent resident employees.
If an employer cannot meet the training benchmark for recent expenditure on training, the training requirement can still be met by making ongoing contributions to an industry training fund.
Sponsorship undertakings
There are a number of undertakings that the employer must agree to as part of becoming an approved business sponsor including.
We are able to explain the sponsorship obligations to employers.
Stage 2: Nomination Application
The business must offer a suitably skilled position according to a list of occupations approved by the Minister of Immigration and Citizenship relevant to subclass 457 visas. The list is changed by the Minister to reflect perceived labour market demands.
The salary for the position must be consistent with market salary rates for the profession. Part of this requirement is that 457 visa holders are required to receive the same terms and conditions of employment as are provided to an Australian undertaking equivalent work in the same workplace.
The Temporary Skilled Migration Income Threshold (TSMIT) is the minimum income level that the Department will approve a 457 nomination. The TSMIT is regularly adjusted by the Minister of Immigration.
We are able to explain the nomination requirements to employers.
Stage 3: Visa Application
The visa applicant must have the skills, qualifications and experience required to fulfil the position.
Depending on the level of the occupation, the visa applicant must meet the English language requirement.
We are able to advise applicant’s on whether they meet the eligibility requirements for a subclass 457 visa application. We prepare and lodge applications for 457 visa applicants.
What are Some of the Advantages of a Subclass 457 Visa?
Employers often view the 457 as a way of employing an overseas worker for a short period.
If they are happy with the employee, they can then sponsor them for permanent residency, which usually involves a commitment of at least two years.
An advantage for 457 visa holders is that they are eligible to apply for permanent residency through other employer sponsored applications.
Individuals often view the 457 as part of a longer term plan to apply for permanent residency.
457 Business Sponsor Compliance and Response to Monitoring
We can advise employers on their ongoing sponsorship undertakings as an subclass 457 approved business sponsor.
The Department (DIAC) does monitor business sponsors, which can include requesting documents from employers and/or inspections of the work place.
The failure to meet subclass 457 sponsorship obligations or to comply with DIAC requests can result in the sponsor (employer) being sanctioned, which can include a sponsorship bar and fines.
We assist employers in responding to Department 457 compliance requests.
Working Holiday Visas
The working holiday visa (subclass 417) and the work and holiday visa (subclass 462) allow persons aged 18 to 30 to live and work in Australia for a period of up to 12 months.
These visas are only available to passport holders from a limited number of countries. These visas are usually applied for by the visa applicant and information is available from DIAC.
Working holiday visa (subclass 417) holders often go on to apply for temporary working visas or permanent residency work visas such as the RSMS and ENS.
Specialist Work Visas Including Religious, Sport and Entertainment
There are a number of temporary visas for people to participate in specific professional or cultural activities.
These visas include:
Entertainment visa; religious worker visa; media and film staff visa; sport visa; special program visa – for cultural activities; and the visiting academic visa.
Some of these visas, such as the religious worker visa, can be followed by an application for an employer sponsored permanent residency visa, such as the RSMS.
We can assist you with specialist work visas, or follow on permanent visa, if you are eligible.
Labour Agreements
Labour agreements are arrangements which allow employers to recruit overseas workers for temporary or permanent work visas.
The process of obtaining approval for a labour agreement can be complex and time consuming, and may involve negotiating with DIAC and other relevant industry stakeholders.
It is appropriate for employers to consider a labour agreement if they are not able to fulfil their needs through the temporary work visa (subclass 457) or permanent work visas (ENS and RSMS).
Employers may consider applying for a labour approval agreement where:
- The business is involved in labour hire to third parties or is involved in the meat industry.
- There is a genuine skills shortages for an occupation, and that occupation is not on the list for 457 visas, ENS visa or not available under the RSMS visa.
We can assist you with the process of applying for and negotiating a labour agreement.
Health Insurance Requirements
Private Health Insurance is required for all 457 visa holders. Follow this link for insurance options http://www.457visacompared.com.au/457-visa-health-insurance.
Based in Adelaide South Australia, Immigration Lawyer and Migration Agent Chris Johnston provides migration advice to people and businesses from all over the world.
