Please be aware that the Subclass 457 Temporary Work (Skilled) visa has been replaced with a new Subclass 482 Skill Shortage (TSS) visa as of the 18th March 2018. You can read more about these changes in our articles on the abolishment and replacement of the Subclass 457 visa and Subclass 482 – A Guide to Temporary Skills Shortage.
New regulations will begin in December 2015 that make the requirements for licencing and employment by 457 visa holders clearer.
Holders of the 457 visa must obtain compulsory licensing or registration within 90 days of arriving in Australia or within the same time frame if they are already in the country when their visa is granted. Holders of the 457 visa must also commence work within 90 days of arriving in Australia or within 90 days of being granted a visa if already in Australia at the time the application was made.
If the applicant’s licence or registration is refused, revoked, ceased or cancelled, they are required to notify the Department of Immigration and Border Protection immediately.
Changes to the terms and conditions of the 457 visa also specify that visa holders who are employed in work places operating under enterprise agreements are entitled to market pay rates – the same terms and conditions of employment as an Australian working in an equivalent position in the same location. Australian employers wishing to hire workers from overseas under the 457 visa must demonstrate that they have made recent and greater than reasonable effort to seek out all reasonable recruitment channels in order to successfully fill the nominated position.
Australian employers continue to experience difficultly attracting suitable domestic candidates for job roles, as many qualified applicants do not meet their expectations of skill and experience. Reasons that businesses may have trouble finding suitable domestic candidates for the role, may include:
* Unqualified applicants
* Qualified for the position but has lack of experience
* Poor presentation at the interview
* Unsuccessful work trials
The legislation behind the subclass 457 visa can be quite complex and there are many aspects of the application process that are not widely understood. For assistance in obtaining sponsorship, nomination and visa approvals for skilled workers, contact PAX Migration and book your initial consultation to learn how it can be done.