The Australian Work Permit

Business (Long Stay) – Subclass 457 visa

Overview

An applicant for a Subclass 457 visa must have an offer of employment from an eligible employer. An eligible employer can sponsor skilled overseas employee/s to work in Australia for between three months and four years under this visa. If an applicant wishes to change employers, the new employer must sponsor the candidate and the candidate must lodge a new Subclass 457 visa application.

This visa allows the skilled applicant to work in Australia for between three months and four years. On fulfilling the visa requirements, if the candidate wishes to migrate permanently to Australia other visa options may be considered.

If the applicant wishes to migrate on a temporary or permanent basis without employer sponsorship or an offer of employment, there are other visa options available. See: http://www.immi.gov.au/immigration.htm

Eligibility

Employer Eligibility:

Employer must be approved as a sponsor by fulfilling certain criteria. See: http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-employer.htm

The employer must be a lawfully and actively operating business. A new business, with evidence of intention to establish, may also be considered by the Department of Immigration and Citizenship. The sponsor organisation must be the direct employer of the employee, have a good business record, abide by immigration laws, demonstrate benefit to Australia and advance the skills of the existing Australian workforce.

A business with no operating base in Australia may also apply to bring employees to Australia to establish a branch / business / joint venture / agency / distributorship or fulfil obligations for a contract or other business activity. The employer in this case must meet all other eligibility requirements.

Employee Eligibility:

The employee must be sponsored by an employer to fill a nominated position and have the skills, qualifications, experience, an employment background that matches the position requirement, be eligible for any relevant licences or registration if required for the nominated position and have proof that he or she will be paid at least the minimum salary applicable. See: http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-employee.htm

In some cases, the candidate must have English language skills equivalent to an average band score of 4.5 in International English Language Testing System (IELTS) test. The score requirement may be higher for licensing/registration/membership. An IELTS test may have to be undertaken unless the candidate has been exempted under the Migration Regulations.

The applicant must meet all health and character requirements.

Secondary applicant eligibility

Secondary applicants who may be included in this visa application are spouse / interdependent partner / dependent child of main applicant or spouse or interdependent partner / other dependent relative of main applicant or spouse.

Secondary applicants must meet all requirements of Location, Health, Character, Australian Values Statement.

Compliances

Employer Obligation:

The employer must satisfy sponsorship obligations for the employee and accompanying family members as specified by the Australian Government Department of Immigration and Citizenship (DIAC). The employer must

• Ensure the cost of return travel for employee and accompanying sponsored family member/s and medical expenses incurred in a public hospital are met
• Inform the Department of Immigration and Citizenship within 5 working days of the employee ceasing to work or any other changes to the employer’s circumstances that can affect the sponsorship.
• Inform the Department of Immigration and Citizenship of any change in employee’s work location.
• Comply with industrial relations laws and workplace agreements with the employee.
• Ensure the employee holds any licence, registration or membership mandatory for the work or position held by the employee.
• Pay at least the minimum salary applicable at the time when the visa decision is made. A higher salary must be paid where required under workplace law or where negotiated with the employee.
• Make applicable superannuation contributions, deduct tax instalments and make tax payments for the employee during the employment period.

Employee Obligation:

The employee must continue working for the sponsor employer and should not change the employer. If changing employer, a new sponsorship, nomination and visa application lodgement is required.

The employee must work only in the position nominated in the visa application and must not work for another person or themselves while working for the sponsor.

The employee must inform the Department of any change in circumstances.

In case of the sponsor ceasing sponsorship / employment, the employee may find another employer who will sponsor the employee and lodge an application for a new visa or apply for another type of visa that will allow the candidate to live and work in Australia.

If due to some reason no application is made for a new visa, the candidate must make arrangements to depart Australia within 28 days of ceasing employment or prior to the expiry of visa whichever may be the earliest.

The employee must remain in regional Australia if this visa was granted for a position certified by a Regional Certifying Body.

Visa Entitlements

• As a temporary resident visa holder generally not entitled to public health care (Medicare) or any other social security benefits.
• 457 visa holders from countries with which Australia has a Reciprocal Health Care Agreement will have restricted access to Medicare. Nationals from reciprocal countries are not exempt from the Medicare levy.
• 457 visa holders from a country that has no reciprocal health care arrangements with Australia will not be entitled to Medicare (Healthcare) benefits and can seek an exemption from the Medicare levy at the end of financial year income tax return.
• Any secondary applicant/s on this visa has/ve full work and study rights.

Medical Practitioner Visa (Subclass 422)

(Doctor only visa)

Doctors may in general apply for a Subclass 457 - Business (Long Stay) visa. However, the Subclass 422 visa is available for doctors registered to work in Australia, especially in rural and regional areas of Australia. Other terms and entitlements are similar to the Subclass 457 visa. Note that on-line lodgement is not available for this visa.

Doctors applying for this visa must have an offer of full-time employment and sponsorship from a hospital, medical practice, area health service or similar body, regional health organisations or regional medical centres in regional areas experiencing shortage of doctors.

Applicants must be either overseas-trained doctors or overseas students who have completed a medical degree in Australia. They must also have approval for registration to practise as a medical practitioner from the relevant Medical Board in the state or territory where they will be employed.

This visa allows the applicant to work in Australia for between three months and four years. On fulfilling the visa requirements, if the candidate wishes to migrate permanently to Australia other visa options may be considered.

If the applicant wishes to migrate on a temporary or permanent basis without employer sponsorship or an offer of employment, there are other visa options available.

Educational Visa (Subclass 418)

This visa is available for:

• Academics
• Librarians
• Technicians
• Laboratory demonstrators
• Researchers
• School Teachers at a school or technical college (that is not a tertiary institution).

This visa allows the temporary stay in Australia of qualified people to be employed by educational or research institutions to fill academic, teaching and research positions unable to be filled from within the Australian labour market. The appointed position must be full-time and labour market testing is required unless it is for a senior appointment or the period of stay in Australia is less than three months.

Sponsorship by an Australian education or research institution is required for all applicants whose total stay in Australia will be greater than three months.