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Work Visas and Employment Visas

The Temporary Business Long Stay 457 Visa

(To be replaced by the Temporary Skill Shortage (TSS) visa in March 2018)

The Australian 457 Visa (Temporary Business Long Stay) is a temporary work visa that allows employers to sponsor overseas workers for a period between 3 months to 4 years, to fill a nominated skilled position.

457 visa applicants must have an employer willing to sponsor them as part of the visa application process.
Immediate family members (such as a partner and dependent children) can be included in the application are also entitled to live and work on this visa type. Although the main applicant is restricted to working with the sponsoring employer in the nominated position, other family members are free to undertake any type of employment. Dependent children are also able to attend school.

This visa is one of the most common and accessible work visa. It offers a pathway to permanent residency if the employee remains with the same employer for a period of at least 2 years under the 457 visa program.

There are three steps in this work visa application process:

1. Employer applies to become an ‘Approved Sponsor’
Employers must meet eligibility requirements (such as demonstrating a commitment to training their Australian employees) to obtain sponsorship approval to sponsor and recruit overseas workers..

2. Employer nominates a the skilled position that needs to be filled:
Employers must nominate an occupation which is on the Consolidated Skilled Occupation List (CSOL). The terms and conditions of employment offered to the applicant, must be no less favourable to those provided to an Australian worker performing equivalent work.

3. The foreign worker applies for the 457 Visa:
The overseas workers identified to fill the vacancy must apply for a 457 visa to enter and/or remain in Australia. The applicant must demonstrate they have skills to match the nominated position and must be offered employment at not less than the salary indicated in the nomination application.
The applicant is also required to satisfy certain health and character requirements to meet the 457 visa criteria.

There are numerous visa options to legally live and work in Australia, the 457 visa, the 186 visa, and the 187 visa

Many Foreign Nationals Come to Work In Australia

The Employer Nomination Scheme (ENS) 186 Permanent Visa

The Employer Nomination Scheme allows Australian employers to sponsor employees who are foreign nationals for a permanent visa to work in Australia. This visa is known as a 186 visa.

The nomination process is similar to the 457 visa, whereby the employer is required to meet training benchmark requirements and the nominated salary must be within market rates and no less than the Temporary Skilled Migration Income Threshold (TSMIT) level as specified by the Department of Immigration and is indexed annually on 1 July.

In addition, the position on offer must be full time, ongoing and available for at least a three year period.

The visa applicant’s requirements will vary, depending on the stream and the conditions of employment.

The 2 most common streams under this Visa subclass:

The Temporary Residence Transition Steam is a streamlined pathway that allows applicants of a 457 visa who have worked for their current employer for 2 years to obtain a permanent visa.

The Direct Entry Stream, which requires applicants to obtain a Skills Assessment and demonstrate 3 years work experience and meet English language requirements (unless exempt).

There are two Australian regional visas: the Regional Sponsored Migration Scheme subclass 187, and the Skilled Regional Provisional visa subclass 489.

The Regional Visa Allows You to Work in Much of Australia

Regional Sponsored Migration Scheme Subclass 187 Visa

The Regional Sponsored Migration Scheme allows Australian employers in regional Australia to employ skilled people in positions unable to be filled from the local labour market.

The most relevant variances with 187 visa is that it does not require the employer to meet the training benchmark requirements and there is no set TSMIT for the salary offer to the applicant.

The nominated position together with the proposed terms and conditions of employment, do however, need to be certified by the Regional Certifying Board which is appointed to the specified location of employment.

In addition, the position on offer must be full time, ongoing and available for at least a two year period.

*All occupations nominated under the Employer Sponsored Visas may be on the Consolidated Skills Occupation List or the Skilled Occupation List

To read more about Regional Visa 187.

Tech workers can apply for visas to work and live in australia

Tech Workers for Australia

Temporary/Short Stay Specialist Work 400 Visa

The Temporary Short Stay 400 visa allows employers to hire foreign nationals to work short term in Australia to perform specialized work. The 400 visa is generally granted for 3 months and in some instances for 6 months. Citizens of any country are eligible to apply for the 400 visa, but they must do so offshore, that is, overseas, not in Australia. The specific work related to the application does not need to be on any occupation list and the application is not subject to labour market testing or market salary rates.

After the successful 400 visa applicant is working for an Australian company, he or she may be able to apply for a different visa, for example, the subclass 457 visa.

If you have been invited to work on a specific task for an Australian employer, contact us to discuss the 400 visa as an option for you.

The 400 Temporary/Short Stay Specialist Work visa is generally granted for 3 months and in some instances for 6 months.

Visas for Short Stay Work in Australia

 
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