The Subclass 457 visa is designed for people who wish to work temporarily in Australia. This visa allows applicants to work for up to four years for an approved business sponsor.
The Subclass 457 visa is currently restricted to people employed in skilled occupations. This is how it works:
- Your employer must have a current Standard Business Sponsorship arrangement with the Department of Immigration and Border Protection
- Your employer must nominate you for an eligible position
- You can then apply for a Subclass 457 visa (not necessary if you already hold a valid 457 visa)
457 Visa Changes
NOTE: This information is current as of 1/7/2017. Please note that at this time there is no supporting legislation for some of these changes. It is possible that more changes will follow.
From 1 July 2017:
- Occupation lists: The STSOL and MLTSSL have been revised
- English language requirements: English language salary exemption threshold, which exempts applicants whose salary is over $96,400 from the English language requirement, has been removed.
- Training benchmarks: Details here
- Character: Provision of penal / police clearance certificates will become mandatory.
Before 31 December 2017:
- The Department of Immigration and Border Protection (DIBP) will commence the collection of Tax File Numbers for 457 visa holders (and other employer sponsored migrants), and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.
- The DIBP will commence the publication of details relating to sponsors sanctioned for failing to meet their obligations under the Migration Regulation 1994 and related legislation.
From March 2018, the 457 visa will be abolished and replaced with the TSS visa.
Who is affected by the Changes?
Current 457 visa applicants and holders, prospective applicants, businesses sponsoring skilled migrants and industry. Existing 457 visas will continue to remain in effect.
457 visa applicants that had lodged their application on or before 18 April 2017, and whose application had not yet been decided, with an occupation that has been removed from the STSOL, may be eligible for a refund of their visa application fee. Nominating businesses for these applications may also be eligible for a refund of related fees.
Applying for a 457 Visa
To be eligible for a Subclass 457 visa, you will need to show that you:
- have been nominated by an approved sponsor
- have the skills for the position specified in the approved nomination
- meet health and character requirements
- meet English Language proficiency requirements. These can vary depending on your particular circumstances
- have suitable private health care or Medicare cover or Reciprocal health care cover
Your supporting documentation can take time to obtain, for example, work references or tax returns.
You should try to obtain as many of the supporting documents as possible prior to lodging a visa application.
Once the visa application is approved, you may only work for your 457 sponsor whilst the visa remains in effect. You can change employers if you are nominated by a new sponsor and can start working for the new sponsor once the nomination is approved.
Note: There is no age limit for this visa.
If you would like to understand more about your employer’s obligations, click HERE
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