Fast Facts about 457 visas

FAST FACTS ABOUT 457 VISAS

The Subclass 457 (Temporary Work Skilled) visa is one of the most commonly used visas to work in Australia. It allows you to work for up to 4 years in Australia, and can also lead to permanent residence in Australia if certain criteria can be met.

FAST FACT 1

For some occupation classifications, your Australian employer will be required to publicly advertise your proposed position and show that there is no Australian who is able to fill the position. Unless evidence of this accompanies the application, you will be refused.

The 457 visa was originally introduced and intended to cover “short-term labour shortages” where the employer is not able to find a suitably qualified Australian employee. In some situations, the employer will need to show that they have advertised your position - particularly the following occupations:

• Nurses
• Trade occupations (such as mechanics, plumbers, tilers etc)
• Engineers.

If you do not provide evidence of this "labour market testing" when the 457 nomination is lodged, then your application will be refused. It's not possible to provide the necessary documentation or do the advertising after lodgement as the evidence must "accompany" the application.

 

FAST FACT 2

To get a 457, you need to prove your English language ability. Usually this is by doing an English test, but you may be exempt if you hold one of the recognised passports, have studied in English medium or have a high salary level.

This would generally involve showing that you have at least “Vocational English” by completing the ‘IELTS’ test and scoring at least 5.0 in each band (5.0 each for reading, writing, listening and speaking).

There are a number of exemptions to the English testing requirement, including:

• Certain Passport Holders: Holders of passports from the United Kingdom, Ireland, USA, Canada and New Zealand - even if you were not born in the passport country or if your first language is not English.
• Studies in English Medium: People who have studied continuously in English medium at secondary or higher level for at least 5 years. This makes many applicants from the subcontinent exempt because the medium of instruction for the education system is English.
• High Salary Earners: if your base salary is at least $96,400 (excluding superannuation) you should be exempt from English language testing.

FAST FACT 3

The minimum salary level is $53,900 (excluding superannuation), but if there is an Australian working for the business, you need to be paid at least the equivalent terms and conditions as the Australian/s employee/s.

To be eligible for a 457 visa, you'll need to show that you are being paid above $53,900 which is considered the minimum amount you'll need to live in Australia. This figure is called the TSMIT (Temporary Skilled Migration Income Threshold).  The TSMIT usually increases each year in July.

However, if there is an Australian working for the business in an equivalent position to yours, you'll need to show that you are getting paid the same, or more, than the Australian worker. This requirement is called the "Market Rate Salary" requirement.

If there is no Australian worker in an equivalent position, the business then needs to demonstrate that your proposed salary is equivalent to what an Australian worker would be paid by referring to industry awards, salary surveys and researching salaries for other similar positions being offered in the market place.

FAST FACT 4

Some 457 applicants are required to do a “skills assessment” which is separate to the visa application process.

For example:-

• Program or Project Administrators and Specialist Managers NEC: will require a skills assessment through VETASSESS. This will require a formal qualification plus 1-3 years of work experience in your occupation.
• Tradespersons: if you are being sponsored to work in certain trade occupations and you have a passport from certain countries, you will need to do a trade test.

The Department of Immigration may request a formal skills assessment if the visa officer has doubts as to your skill level.

FAST FACT 5

Subclass 457 holders must hold private health insurance before the visa can be granted and during their stay in Australia.

Some candidates may be eligible for MEDICARE under a number of reciprocal arrangements that Australia has with other countries (e.g. UK, Italy, Malta and more) and evidence of a temporary MEDICARE card is sufficient for 457 visa applicants from eligible countries.

If you do not maintain health insurance your subclass 457 visa could be cancelled.

FAST FACT 6

Many 457 holders apply for permanent residence after working in Australia for the same employer in the nominated occupation for 2 years. However, this is not necessary in all cases, and you may be eligible for permanent residence sooner if certain criteria can be met.

For example, it is also possible to apply for the permanent residence visa under what is called the "Direct Entry Stream". The Direct Entry Stream requires you to pass skills assessment and show that you have 3 years of work experience in your occupation.

For more detailed information and advice, please contact Nevett Ford Lawyers Melbourne.