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NOTE: The Subclass 457 Visa has been replaced by the TSS Visa (Subclass 482). Click here for our recent article on the TSS Visa.
Employers in Australia who intend to employ foreign workers need to apply for their employees, Temporary Business (Long Stay) Visas – Business Sponsorship (Subclass 457).
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Subclass 457 Temporary Business Visas allows an overseas worker to work in Australia for a period of between three months and four years. The validity periods of the visa components when approved by the Department of Immigration and Citizenship (‘DIAC”) are:
Employers can either be Australian or overseas businesses operating in Australia. There are several criteria that the employer must meet in order to be approved as a sponsor for Temporary Business Visas:
The employer must nominate a position that:
An employer in a regional area may be eligible for concessions relating to minimum salary and skill level requirements for the nominated position.
An employee sponsored under a Subclass 457 visa must meet all of the following requirements:
If the sponsorship, nomination and visa applications are successful, employers and employees are required to meet certain obligations. At the time of the application, the Department of Immigration and Citizenship (“DIAC”) must be satisfied that the employer is able to meet sponsorship obligations for the employee and their accompanying family members. These obligations are summarised below.
The employer must:
The employee must also undertake to meet certain obligations. For example, an employee must notify DIAC of any change in their circumstances.
If the visa application for a temporary visa is approved, the employee must not:
In the event that a sponsor ceases the employee’s employment, the employee must either:
Comasters is able to prepare comprehensive applications to the Department of Home Affairs on behalf of clients.
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© Comasters September 2008.
Important: This is not advice. Clients should not act solely on the basis of the material contained in this paper. Our formal advice should be sought before acting on any aspect of the above information.