About the Temporary Work (Skilled) visa (subclass 457)

The Temporary Work (Skilled) visa (subclass 457) is a visa category that allows skilled workers to come to Australia and work for an approved business. This visa category has been replaced by the Temporary Skill Shortage (TSS) visa, which aims to address genuine skill shortages in the country. The duration of the subclass 457 visa depends on the occupation of the applicant, with four years granted for occupations listed on the Medium and Long-term Strategic Skills List (MLTSSL) and two years for occupations not listed on the MLTSSL.

Legislative Instruments

It is important for applicants to stay updated with the legislative instruments that govern the Subclass 457 visa program. These instruments contain changes and updates to the program, and compliance with them is crucial to ensure a successful visa application.

Subclass 457 Visa Eligible Occupation

The skilled occupations eligible for the Subclass 457 visa are listed in legislative instruments. For nomination applications lodged on or after 17 January 2018, the skilled occupations listed in the legislative instrument IMMI 18/004 are eligible. For nomination applications lodged before 17 January 2018, the skilled occupations listed in the legislative instrument IMMI 17/060 are eligible.

English Language Tests, Scores, and Exemptions

Applicants for the subclass 457 visa are required to demonstrate English language proficiency. The legislative instrument IMMI 17/057 specifies the tests and scores required to prove English language proficiency. It also outlines situations where applicants are exempt from demonstrating their English proficiency.

Training Benchmarks

Sponsors under the subclass 457 visa program must meet the required training benchmarks. The legislative instrument IMMI 17/045 outlines the requirements to meet these benchmarks, ensuring that sponsors are investing in the training and development of their sponsored workers.

Terms and Conditions of Employment (Market Salary Rates)

The legislative instrument IMMI 13/028 provides information on the Temporary Skilled Migration Income Threshold (TSMIT) and the exemption from demonstrating equivalent terms and conditions of employment (market salary rates). It also specifies the method for determining the terms and conditions of employment in the absence of an equivalent Australian worker.

Exemption from the Requirement to Work Directly for the Sponsor

The legislative instrument IMMI 13/067 lists the occupations where the requirement to work directly for the sponsor is waived. It also specifies the period in which labor market testing must be undertaken and the occupations exempt from labor market testing.

Visa Applicants

As of now, the Temporary Work (Skilled) visa (subclass 457) is closed to new applications. However, it is important to stay informed about any updates or changes to visa categories and requirements.

Including Family in Your Application

If you wish to include your family members in your application, they must demonstrate the same level of financial support as you. The sponsor must agree in writing to include them as secondary sponsored persons.

After You Have Applied

After submitting your application, you can track and manage it using ImmiAccount. If there is any incorrect information or additional information that needs to be provided, you can do so through Form 1023 or ImmiAccount. If adverse information is provided that could result in your visa being refused, you will have the opportunity to comment on the information. In some cases, an interview may be conducted.

Visa Holders

The duration of your subclass 457 visa depends on your occupation. If your occupation is listed on the MLTSSL, the visa is granted for four years. If your occupation is on the list of eligible skilled occupations but not on the MLTSSL, the visa is granted for two years. This visa allows you to work in Australia for an approved sponsor, bring your family to work or study in Australia, and travel in and out of the country as often as you want. It is important to comply with the visa conditions to avoid cancellation.

Your Obligations

As a subclass 457 visa holder, you must comply with certain conditions. The mandatory condition 8107 applies to all primary subclass 457 visa holders and requires you to work only in your nominated occupation, start work within 90 days of arrival in Australia, and not cease employment with your approved sponsor for a specified period. You must also obtain any mandatory license, registration, or membership necessary for your occupation in Australia.

Sanctions for Not Meeting Your Sponsor Obligations

If you, as a sponsor, fail to meet your obligations, various actions can be taken, including barring you from sponsoring more people, canceling your existing approvals as a sponsor, and imposing fines or civil penalties. It is important to fulfill your sponsor obligations to maintain a good standing and avoid any negative consequences.

Conclusion

The Temporary Work (Skilled) visa (subclass 457) has been replaced by the Temporary Skill Shortage (TSS) visa. This article provided a comprehensive guide to the subclass 457 visa, covering its eligibility requirements, legislative instruments, English language tests, terms and conditions of employment, obligations, and sanctions for not meeting sponsor obligations. Staying informed and complying with all the requirements is crucial for a smooth immigration process to Australia.