457 Visa – Temporary Work (Skilled) Visa (Subclass 457) Closed
On 18 April 2017, the Hon Malcolm Turnbull MP, Prime Minister of Australia and the Hon Peter Dutton MP, Minister for Immigration and Border Protection jointly announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa which will support businesses in addressing genuine skill shortages.
Temporary Work (Skilled) Visa (Subclass 457) Closed
The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to:
- Four years after it is granted – if your occupation is listed on the MLTSSL;
- Two years after it is granted – if your occupation is on the list of eligible skilled occupations but is not listed on the MLTSSL.
This visa is now closed, in March 2018, the 457 Visa was replaced by the Temporary Skill Shortage – Subclass 482 TSS Visa. On 18 April 2017, the Prime Minister of Australia and the Minister for Immigration and Border Protection announced that the Subclass 457 Visa (Temporary Work) will be abolished and replaced with the new TSS Visa (Subclass 482).
Most employers will apply for approval as a Standard Business Sponsor. The approval generally lasts for 3 years and there is a limit to the number of employees who can be sponsored over this time.
The application for a company sponsorship visa consists of 3 parts:
- Sponsorship;
- Nomination;
- Visa Application.
Sponsorship
Applying for approval as a business sponsor would require the business to provide details to show:
- The sponsor is a lawful, operating business;
- The sponsor has the financial ability to meet its sponsorship obligations;
- That the business meets certain training benchmarks or is a startup company which has an auditable plan to meet the training benchmarks.
Nomination
The employer must then apply for permission to sponsor an overseas resident to fill the certain nominated position(s). The main criteria here are that:
- The position is in an occupation on the CSOL (Consolidated Sponsored Occupations List);
- The applicant is to be paid a base salary of at least the TSMIT (currently $70,000);
- Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position – in particular, the salary paid is at least at the market rate.
Application
The employee would then apply for a visa to work in Australia to fill the nominated position. This would involve providing the following evidence:
- That the employee has the required skills to fill the position and is eligible for any required licensing or registration;
- The employee meets the 457 English requirement;
- That the employee meets the health requirements for the visa and holds suitable health insurance.
457 Temporary Work Visa Duration and Condition
The 457 visa is valid for up to 4 years, and extensions are possible.
The 457 visa is subject to a condition 8107 work restriction and can only work for the sponsoring employer unless a different employer lodges a new nomination for the employee.
The visa can be cancelled if the employee ceases employment for more than 60 days, and the employee must maintain their health insurance cover.
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