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Subclass 457-
Business (Long Stay) visa program
Subclass 457 visa program
The Subclass 457-Business (Long Stay)
visa program is for businesses seeking to
recruit skilled persons from overseas for
temporary entry into Australia for periods
between 3 months and 4 years.
• Demand driven employment visa (visas
holders come to Australia to fill specific
positions not to look for work)
• Economic benefits for Australia, and also
for sending countries
• More responsive and better targeted to
employer needs than any other Australian
visa category
Subclass 457 visa program
1. Sponsorship – assess the suitability of the business to be
a sponsor
2. Nomination – identify the position the business requires
to fill and skills/experience required.
3. Visa Application – assess the suitability of the overseas
worker’s skills and attributes to fill the
nominated position
4. Monitoring – sponsor and visa holder are monitored
after arrival to ensure the Sponsorship
Undertakings are being met.
Four stage process
Step 1: Sponsorship
The Business must seek approval to
sponsor an overseas employee.
• Business must be actively and lawfully operating and be the
direct employer of the overseas workers
• Must be of benefit to Australia
• Must have a commitment to train Australian workers or be
introducing new technology
• Must be in a position to fulfil sponsorship undertakings
Sponsorship approvals are for a specific number of visa holders and
can be valid for up to two years.
Sponsorship undertakings
The business sponsor must agree to meet
certain sponsorship undertakings, including:
• Paying a Minimum Salary Level (MSL)
• Complying with Workplace Relations laws
• Their employees being properly licensed or registered, where
required
• Meeting certain costs of the visa holder, such as health costs in
a public hospital
• Paying tax and superannuation, as required under Australian law
• Complying with immigration laws
Step 2: Nomination
The business identifies the position to be filled
by the overseas employee/s, and the skills and
experience required for the position.
• This position must be of the “Gazetted List of
Occupations” which is drawn from Australian Standard
Classification of Occupations (ASCO) major groups 1-4.
• The nominated position must meet the Minimum Salary
Level requirement.
• The visa holder must possess the necessary
skills/qualifications.
Step 3: Visa Application
Assesses the suitability of the
overseas worker
• The skills, qualifications and employment background
must match the position on offer.
• Need to meet English language requirements, unless
exempt.
• Applicant and their dependents must meet other
requirements for immigration such as health and
character.
Monitoring
Ensures that the sponsor is complying with the
sponsorship undertakings by performing targeted
monitoring.
If breaches of the sponsorship undertakings
are found, sponsors may be:
• Formally warned
• Barred for a period of time from using
the program
• Cancelled
Monitoring
Managing the program
Managing the Subclass 457 program poses two critical
and potentially competing challenges:
• remaining internationally competitive in facilitating
movement of skilled and semi-skilled persons, in the
context of Australia’s changing demographic and skill
needs, and in meeting international trade
commitments; and
• safeguarding employment and training opportunities for
Australians and protecting overseas workers from
exploitation.
• Exploitation
• Undercutting Australian wages and work
conditions
• Parallel industrial relation system for
overseas workers
• Red tape, rules non-transparent and
difficult to comply with
Key Concerns
‘The Rudd Government is committed to ensuring
the 457 visa scheme operates as effectively as
possible in contributing to the supply of skilled
and semi-skilled workers while protecting the
employment and training opportunities of
Australians and the rights of overseas workers.’
http://www.minister.immi.gov.au/media/media-releases/2008/ce01-buget-08.htm
Government’s position
Inter-Departmental
Committee
(DIAC, DEEWR, Treasury, DFAT,
Finance, PM&C)
Skilled Migration
Consultative Panel
(State governments, unions,
industry)
Broader stakeholders
(other government agencies,
visa holders, employers,
welfare groups etc)
Independent
457 Integrity Review
Ms Deegan
Deputy Prime Minister and Minister for Immigration and
Citizenship
JSCM report
COAG/CSWP
report
ERG report
Key:
ERG = External Reference Group report –
April 2008
JSCM = Joint Standing Committee on
Migration report “Temporary visas…
Permanent Benefits” – August 2007
COAG/CSWP = Commonwealth State
IDC report - arising from the Council of
Australian Governments’ and the Ministerial
Council on Immigration and Multicultural
Affairs initiated review of temporary skilled
work visa arrangements
Reform process
• Sponsorship and mobility
• Distinguishing good employers from bad
employers
• Determining market salary rates
• Responding to demand for visas for less
skilled persons and labourers
• Pathway to permanent residence
• Welfare of visa holders
Key Challenges
The key objective of the reform agenda is to
make the program more responsive to employer
needs, while protecting the employment and
training opportunities of Australians and the
rights of overseas workers.
Compliance approach:
Transparent rules that are easy to comply with;
High cost to those who do not comply.
Objective and approach

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MM visa

  • 1. Subclass 457- Business (Long Stay) visa program
  • 2. Subclass 457 visa program The Subclass 457-Business (Long Stay) visa program is for businesses seeking to recruit skilled persons from overseas for temporary entry into Australia for periods between 3 months and 4 years.
  • 3. • Demand driven employment visa (visas holders come to Australia to fill specific positions not to look for work) • Economic benefits for Australia, and also for sending countries • More responsive and better targeted to employer needs than any other Australian visa category Subclass 457 visa program
  • 4. 1. Sponsorship – assess the suitability of the business to be a sponsor 2. Nomination – identify the position the business requires to fill and skills/experience required. 3. Visa Application – assess the suitability of the overseas worker’s skills and attributes to fill the nominated position 4. Monitoring – sponsor and visa holder are monitored after arrival to ensure the Sponsorship Undertakings are being met. Four stage process
  • 5. Step 1: Sponsorship The Business must seek approval to sponsor an overseas employee. • Business must be actively and lawfully operating and be the direct employer of the overseas workers • Must be of benefit to Australia • Must have a commitment to train Australian workers or be introducing new technology • Must be in a position to fulfil sponsorship undertakings Sponsorship approvals are for a specific number of visa holders and can be valid for up to two years.
  • 6. Sponsorship undertakings The business sponsor must agree to meet certain sponsorship undertakings, including: • Paying a Minimum Salary Level (MSL) • Complying with Workplace Relations laws • Their employees being properly licensed or registered, where required • Meeting certain costs of the visa holder, such as health costs in a public hospital • Paying tax and superannuation, as required under Australian law • Complying with immigration laws
  • 7. Step 2: Nomination The business identifies the position to be filled by the overseas employee/s, and the skills and experience required for the position. • This position must be of the “Gazetted List of Occupations” which is drawn from Australian Standard Classification of Occupations (ASCO) major groups 1-4. • The nominated position must meet the Minimum Salary Level requirement. • The visa holder must possess the necessary skills/qualifications.
  • 8. Step 3: Visa Application Assesses the suitability of the overseas worker • The skills, qualifications and employment background must match the position on offer. • Need to meet English language requirements, unless exempt. • Applicant and their dependents must meet other requirements for immigration such as health and character.
  • 9. Monitoring Ensures that the sponsor is complying with the sponsorship undertakings by performing targeted monitoring.
  • 10. If breaches of the sponsorship undertakings are found, sponsors may be: • Formally warned • Barred for a period of time from using the program • Cancelled Monitoring
  • 11. Managing the program Managing the Subclass 457 program poses two critical and potentially competing challenges: • remaining internationally competitive in facilitating movement of skilled and semi-skilled persons, in the context of Australia’s changing demographic and skill needs, and in meeting international trade commitments; and • safeguarding employment and training opportunities for Australians and protecting overseas workers from exploitation.
  • 12. • Exploitation • Undercutting Australian wages and work conditions • Parallel industrial relation system for overseas workers • Red tape, rules non-transparent and difficult to comply with Key Concerns
  • 13. ‘The Rudd Government is committed to ensuring the 457 visa scheme operates as effectively as possible in contributing to the supply of skilled and semi-skilled workers while protecting the employment and training opportunities of Australians and the rights of overseas workers.’ http://www.minister.immi.gov.au/media/media-releases/2008/ce01-buget-08.htm Government’s position
  • 14. Inter-Departmental Committee (DIAC, DEEWR, Treasury, DFAT, Finance, PM&C) Skilled Migration Consultative Panel (State governments, unions, industry) Broader stakeholders (other government agencies, visa holders, employers, welfare groups etc) Independent 457 Integrity Review Ms Deegan Deputy Prime Minister and Minister for Immigration and Citizenship JSCM report COAG/CSWP report ERG report Key: ERG = External Reference Group report – April 2008 JSCM = Joint Standing Committee on Migration report “Temporary visas… Permanent Benefits” – August 2007 COAG/CSWP = Commonwealth State IDC report - arising from the Council of Australian Governments’ and the Ministerial Council on Immigration and Multicultural Affairs initiated review of temporary skilled work visa arrangements Reform process
  • 15. • Sponsorship and mobility • Distinguishing good employers from bad employers • Determining market salary rates • Responding to demand for visas for less skilled persons and labourers • Pathway to permanent residence • Welfare of visa holders Key Challenges
  • 16. The key objective of the reform agenda is to make the program more responsive to employer needs, while protecting the employment and training opportunities of Australians and the rights of overseas workers. Compliance approach: Transparent rules that are easy to comply with; High cost to those who do not comply. Objective and approach