457_work_sponsor

These temporary work visas are processed by the Department of Immigration only in its specialised centres in Australia. The centre selected depends on the location in Australia of the employer.

Just on 111,000 457 visas were granted 2007/08 financial year. The next financial year it fell by 33%. Increased requirements on sponsors and the fall off of economic activity further reducing this figure significantly in the 2009/2010 financial year. At the commencement of 2010 there were 118,840 457 visa holders working in Australia on visas ranging up to 4 year terms. Of these 60,310 were primary visa holders working a particular occupation for their sponsoring employer only, and the remaining 58,530 were secondary visa holders (partners and children). Partners have unrestricted work rights. The grant rates are 50% down on the previous level, observing that the application activity runs with the trade cycle.

Many 457 visa holders can elect to progress to permanent residence on meeting service conditions, when nominated by their employer or when an independent skilled application is made.

The “457” is designed to meet the needs of Australian based employers to locate urgently needed skills to meet their immediate business objectives. It simply is for the employee to come to Australia as a unit of labour and return home at the conclusion of the visa period which can be from 6 months to 4 years. Further applications can be made towards the conclusion of the temporary visa for another temporary visa, but these are decided under the law applicable at the time that further application is made. Any new criteria will need to be met. So intervening legislation and policy changes changes are important to consider while holding a 457 visa or sponsoring such a visa.

The Department of Immigration stresses to employers making a sponsorship application that this visa is not a substitute for procurement of labour from local sources. The circumstances must be that the skilled labour needed cannot be sourced or trained locally. Sponsorship of a 457 visa is to complement domestic recruitment, not replace it. Sponsorship approvals are only given when the company has a history of providing training and development programmes to existing employees, and has a willingness to take on apprentices, interns and new graduates. There is considerable attention paid to the salary to be offered, ensuring that it is aligned to the market rate of salary on offer to locally sourced employees. This alignment must be ongoing. The commonwealth and state authorities have the ability to inspect employer records and premises to ensure there is compliance with obligations...it is not only a monitoring process by the Department of Immigration.

There are a wide range of Gazetted Occupations for this visa, wider than the Skilled Occupation Lists. Approximately 528 are listed presently.

There are three stages, completed in sequence, as follows:

1. Sponsorship Approval for the specific employer need.

The viability of the Australian employer’s proposal is very closely examined, including financial strength, demonstrated need for overseas sourcing, an adequate history of training and planned training of local employees. Monitoring ongoing is undertaken by the Federal government. It must be for direct employment and body hire is not approved, unless there is a very special arrangement negotiated with the Australian government (Labour Agreement). Training of employees of Australian origin in the business must be evident historically and in planning.

2. Nomination Approval Application for a specific employee wanted by the employer.

At this point the employer has located their chose offshore employee through intercompany transfer or through recruiting. The position nominated by the employer is detailed in terms of its duties and responsibilities. And the employee details are introduced into the process. The application is for a nomination of a skilled employee and by definition that will mean that the salary on offer will reflect that. IT professionals have a higher base salary than others. Any occupations with a market salary below the base salary level expected for this type of recruitment can result in refusal.

3. Visa Approval Application is then considered from the future employee concerned.

At this point the employee needs to have a written job offer, had an Xray (or full medical examination if in a health or teaching position). Occupation qualifications and work references are checked to confirm that the employee is a direct match to the nomination requirements. Any licensing required to work within Australia in the particular occupation must be in place before grant. To warrant grant of the visa the visa applicant has to show they have eligible experience in the skilled occupation claimed.

When the visa granted the employee must work only in the occupation nominated and for that one employer only. The work must be full time (minimum 38 hours per week) in an employer and employee relationship. Subject to the employer further consenting, the family unit of the employee can be sponsored also to live in Australia with the employee. Adult family members have unrestricted work rights. The employer has an underlying obligation to see that repatriation costs, if any, are met. There is a requirement now that the employee has in place acceptable health insurance.

Hallmark Immigration, is ideally located in Australia close to two of the major processing centres for this visa category. And with extensive experience in commerce, Hallmark Immigration can advise and assist the employer seeking to sponsor and nominate overseas sourced employees with efficient applications, saving extensive management time and attention. It can also assist the employee in rapid response to the task of the visa application to ensure that the employee is ready to work as soon as possible. Call Now.

Hallmark Immigration can also assist both employers and employees with the conversion of temporary residence of the 457 to permanent residence under the skilled visa options. Call now.

Hallmark Immigration with over 35 years business and legal experience in the Sydney area is able to assist employers with a prudential review of existing practices and HR plans.