New Measures for 457 Visa Program

  • Sharebar

New measures have been made to the employer sponsored temporary (457) visa program which consequently means that the 457 visa requirements may also change.

To begin with, the 457 Program allows employers to sponsor an overseas worker with the aim of addressing skilled labor shortages. This visa is a temporary skilled visa that does not allow the visa holders to stay in Australia on a permanent basis and only allows the visa holders to work in their eligible skilled occupation. It can, in many cases lead to a permanent residence visa.

Reforms to the Subclass 457 Visa Program

If you hold a 457 visa, then you can:

  1. Work in Australia for up to four years (the visa can be renewed and it can also, in some cases lead to a permanent visa);
  2. Be able to change your employers as long as your new employer is an approved sponsor;
  3. If your sponsor agrees, you can bring your eligible family members with you on this visa. Your family members will have the right to study and work in Australia;
  4. Travel in and out of Australia as often as you wish within the validity period of your visa.

Though the 457 visa has been a very successful visa in addressing skills shortages in Australia (as evidenced in its expansion above the national employment growth rate) and the vast majority of employers use the visa appropriately, there is still the need to make new measures to tighten certain aspects of the program.

Therefore, a number of reforms to the 457 visa were released by the Minister for Immigration and Citizenship on February 23 this year but will only be introduced on July 1, 2013. With these new measures, it is expected that the Department of Immigration and Citizenship (DIAC) will have better mechanisms to prevent practices which are not in adherence with the 457 visa program criteria.

The new measures include:

  • The “Genuineness” criterion. This criterion will help the department identify if there is truly a need for a specific job and allows the department to refuse a nomination if it believes that the job being nominated does not suit the activities of the said business.
  • The market salary exemption threshold being increased. It will increase to $250,000 from the previous $180,000. This helps make sure that the employment of cheaper overseas labor will not undercut or disadvantage higher paid salary workers.
  • The English language exemption of certain positions will be removed (meaning that there will be more applicants required to demonstrated English ability than previously). Also exempted from the English language requirement are those nominated applicants whose salary is over $92,000.
  • The department having enhanced regulatory powers. Such powers will make sure that 457 visa holders work in conditions that are able to meet Australian standards. Additionally, it also ensures that exploitation of such visa holders will not happen.
  • Amendments to current training benchmark provisions. These will set clear the obligation of employers to provide ongoing and binding training to Australians for the period of their approved sponsorship.
  • Amendments to clarify that 457 workers may not be on-hired to an unrelated entity unless they are sponsored under a labour agreement.
  • Amendments that allow the department to make visa application refunds for instances that an employer nomination is withdrawn.

Sponsors and visa holders (as well as their representatives) will be able to have access to detailed information in order to understand the new and updated visa 457 requirements as the information becomes available.

It is also expected that such new measures will have no adverse effects on both current visa holders and Australian employers who are using the program the right way.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Twitter
  • Google Bookmarks
  • Yahoo! Buzz
  • DZone
  • Ping.fm
  • StumbleUpon
  • Tumblr
  • Yahoo! Bookmarks

National Visas

National Visas offer Personalised Services to help you apply for a visa. National Visas has developed into a world leader in online immigration services Our Migration Agents are registered to provide Australian immigration advice, as required by Australian law.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Popular Articles

Study in Australia: 10 Basic Steps You Should Know

TweetSharebar TweetAustralia, one of the top five best countries to study in the world, offers sought-after quality education on top of exciting cultural diversity. Proof of delivery on this promise is the fact that five Australian universities have made it to the top 100 of the 400-plus higher education institutions worldwide ranked by Times Higher [...]

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Twitter
  • Google Bookmarks
  • Yahoo! Buzz
  • DZone
  • Ping.fm
  • StumbleUpon
  • Tumblr
  • Yahoo! Bookmarks