457 visa

The 457 visa is the most commonly used program for Australian or overseas employers to sponsor skilled overseas workers to work in Australia temporarily. The full title of this subclass of visa is Temporary Business (Long Stay) Subclass 457.

Requirements

Holders of this visa may be employed for a period of between three months and four years, and may bring any eligible family members, including same-sex partners, who have unrestricted work and study rights in Australia. Holders of the Subclass 457 visa have no limit on the number of times they travel in and out of Australia.

Employers must be approved by the Australian government as an eligible employer. Employees must obtain a new visa and sponsorship if they wish to move to another sponsor.

Employees must be paid a minimum gross annual salary, based on a 38 hour week, of $41,850 AUD, or $57,300 AUD for employees in the IT industry. There are some concessions for those employed in regional areas.

Employees must also meet minimum levels of qualifications and English language skills, in addition to character and health requirements.

Whilst the employer can nominate a person for the particular position they are trying to fill, it is the Department of Immigration and Citizenship that assess and determine whether the criteria for visa grant have been met.

History

In October 2007 new labour agreement arrangements for the on-hire industry in Australia were introduced. Meaning Australian on-hire firms who seek to recruit overseas workers to hire out to unrelated businesses will need to request access to a labour agreement that has been developed to better meet the needs of the on-hire industry. This replaces current access arrangements through the Subclass 457 standard business sponsorship program.

The labour agreement, which has been specifically tailored for the on-hire industry, provides the on-hire industry with a clear and defined pathway for the recruitment of skilled overseas workers.

On-hire firms seeking to recruit overseas workers to fill positions within their own organisation can continue to use standard business sponsorship arrangements.

All subclass 457 nominations and related visa applications lodged prior to October 1, 2007 by an already approved standard business sponsor will not be affected by this change.

On-hire firms, who seek to hire out their workers to unrelated businesses will not be able to lodge new nominations or apply to become a standard business sponsor on or after 1 October 2007. Instead they will need to request access to a labour agreement. Where an on-hire firm becomes party to a labour agreement, they will be able to nominate positions they seek to fill with overseas workers as specified in the agreement.

On-hire firms seeking to recruit overseas workers to fill positions within their own organisation can continue to use standard business sponsorship arrangements.

Labour agreements provide a pathway to recruit overseas skilled workers where standard visa arrangements do not meet industry needs and access to overseas skilled workers is demonstrably in Australia’s best interests. They are negotiated with the Commonwealth (represented by the Department and the Department of Education, Employment and Workplace Relations (DEEWR)).

Visas granted under the labour agreement will allow for temporary entry to Australia for periods of up to four years.

On 1 April, 2007 newly-awarded Federal Government labour agreement will allow three recruitment companies to hire and land skilled workers from overseas.

In accordance with a newly implemented overhaul of the 457 Visa system, the agreement ensures that members of the recruitment industry meet the country’s targets for foreign skilled hires. [cite news |first=Liz |last=Tay |title=IT recruiter signs international hire agreement |url=http://www.itnews.com.au/News/73038,it-recruiter-signs-international-hire-agreement.aspx |publisher=www.itnews.com.au |date=1 April 2008 |accessdate=2008-04-13]

Controversy

On May 3, 2008 in Canberra, The Australian Government has refused to negotiate further over labour agreements for the 457 visa, which IT recruiters claim have stopped them from bringing thousands of workers to the country.

The industry was protesting against the changes made in the visa rule since they were introduced October last year, but this effort was undone at a two-hour roundtable between industry stakeholders, the Department of Immigration and Citizenship (DIAC) and the Department of Employment and Workplace Relations (DEWR), The Australian reported. http://www.australianit.news.com.au/story/0,24897,23635292-15306,00.html

There has been some controversy about whether 457 visas are being abused as source of cheap labor, rather than as a means to overcome skills shortages, and similarly whether workers on 457 visas are accorded the same rights are other workers.cite news
url=http://www.theage.com.au/news/National/Only-small-group-abusing-457-visas/2007/07/16/1184438206523.html
publisher=The Age|title='Only small group abusing 457 visas'|date=July 16, 2007] cite news|url=http://www.workpermit.com/news/2006_12_15/australia/457-visa_scheme_inquiry.htm
publisher=workpermit.com|title='Australia's 457 visa scheme under government inquiry'|date=December 15, 2006] cite news
url=http://www.greenleft.org.au/2007/717/37228
publisher=greenleft.org.au|title='Howard ducks for cover on 457 visa rorts'|date=July 14, 2007]

In February 2008 and April 2008, the Minister for Immigration and Citizenship, Senator Chris Evans, announced extensive reviews of the Subclass 457 visa program. [cite news |first=Chris |last=Evans |title=Senator Chris Evans |url=http://www.minister.immi.gov.au/ |publisher=www.minister.immi.gov.au |date=8 May 2008 |accessdate=2008-05-13]

Mohamed Haneef was working in Australia under a 457 visa. This has renewed attention to this class of visa.cite news|url=http://www.news.com.au/heraldsun/story/0,21985,22039854-662,00.html
publisher=Herald Sun|title='Visa system overhaul'|date=July 9, 2007] cite news|url=http://www.news.com.au/heraldsun/story/0,21985,22028730-5005961,00.html
publisher=Herald Sun|title='Doctors call for end of visa scheme'|date=July 6, 2007]

ee also

*Visa documentation
*E-3 visa
*Working holiday visa

References

On-Hire Industry’s 1st Roundtable with Government on 457’shttp://3w.com.au/content/view/50/1/

External links

* [http://www.immi.gov.au/skilled/skilled-workers/sbs/index.htm Temporary Business Visa (Long Stay) - Standard Business Sponsorship (Subclass 457)]
* [http://www.theaustralian.news.com.au/story/0,20867,22011988-1702,00.html News story on the integrity of the 457 Visa]