More 457 news!

The new laws from 1 July 2013 clarifies that the standard business sponsors (employer) must engage a subclass 457 visa holder as a direct employee under a written contract of employment. 

It also requires all approved sponsors to be solely responsible for the payment of certain sponsorship and recruitment related costs, by prohibiting sponsors from recovering, charging or transferring these costs from any person.

Also stipulated is the need for the 457 visa holder to work in a position in the business of the standard business sponsor, and cannot be on-hired to work for another business.  If however, the sponsor lawfully operates a business in Australia, then the 457 holder may also work in a  position in the business of an associated entity of the sponsor.

Sponsors will also now be required to justify the number of nominations required.  A 'genuineness test' will be introduced and will be conducted by departmental officers of the Australian Government, to ensure that the position associated with the nominated occupation is genuinely required to address skills shortages in Australia.

Sponsors are required to provide overseas workers with at least the terms and conditions of employment given to an Australian worker performing the same work in the same geographic region.  The English language requirements for the 457 visa holder have also been strengthened, requiring relevant English language levels.  There is no longer any occupation based exemptions from the English language requirements.  A salary of AUD96,4000 will provide an exemption from English language requirements.

The Temporary Skilled Migration Income Threshold (TSMIT) has increased to AUD53,900.  However, market salary rates and the TSMIT do not apply if the annual earnings are greater than AUD250,000.

The skills requirements have also been strengthened requiring the 457 visa applicant to have the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation.  Subclass 457 visa holders are required to meet the mandatory registration and licensing requirements in their occupation in the relevant State or Territory.

Now, the Subclass 457 visa program allows the  visa application charges to be refunded if the application is withdrawn because there is no approved nomination.

If you are interested in the Subclass 457 visa program or require more detailed information call us for an appointment.  The first 20 minutes of consultation is free.  However, any consultation fees paid, are deducted from your account, should you choose to engage our services.