EMPLOYER SPONSORED TEMPORARY RESIDENCE VISAS
1. Subclass 457 long stay business visa
This visa is designed for employers to sponsor skilled overseas workers to work here in Australia on a temporary basis.
The visa can run for up to 4 years, and visa applicants can also bring family members with them to Australia. Those family members can work and study in Australia.
Prior to the global economic crisis, the subclass 457 was a very popular and widely used temporary residence visa. Since the GFC and in particular since changes made by the Department of Immigration from September 2009, the visa has become much more difficult to obtain.
To qualify for the visa, you must be sponsored by an Australian business (or in some cases an overseas business) that:
must have a strong record of employment local labour;
must not engage in discriminatory employment practices;
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must have nothing adverse known about the business;
must meet training “benchmarks” in terms of training and expenditure on training for its employees.
must pay market salary rates, which means that they will pay a salary in accordance with the salary paid to an equivalent Australian worker in the workplace, or alternatively by reference to rates set by a modern Award or Enterprise Agreement relevant to the business. Importantly, it must be noted that the market salary rate to be paid by the employer must be greater than the temporary skilled migration income threshold (TSMIT).
The TSMIT is presently set at $45,220 per annum. As such, if the salary being paid by your nominating employer to other workers in its business for your nominated position, or if an industrial Award or Enterprise Agreement relevant to the business does not stipulate a salary higher than the TSMIT for your nominated position, you will not be eligible for the visa.
Your nominating employer cannot simply offer to pay you more than the TSMIT, as the Department of Immigration will only take into account the market salary rate compared to the TSMIT, and not the actual salary that the employer is offering to pay.
must nominate you to a position within the business that is 'an approved occupation'.
(link – 457 Approved Occupations)
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As an employee, you must:
have the necessary skills, qualifications and/or experience that match the required nominated position. Please note that Immigration may require you to undergo a skill assessment, if there is any doubt in this regard;
have English language skills equivalent to a score of 5 on each component of the IELTS English language test. Please note that if your nominated occupation has any specific registration or licencing requirement, then the licencing bodies may actually have a higher English language requirement;
you must maintain full private health insurance;
you must pass medical and x-ray checks;
you must provide police clearance certificates from all countries that you have lived in for 12 months or more in the last 10 years.
For more details about this type of visa contact us by clicking here.
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