Australian Temporary Work Visas - 457, 417 Subclasses
Australian Temporary Work Visa
Australian temporary work visas such as the 482 work visa and working holidaymaker subclass 417 visa may be better options in many cases than the permanent skilled immigration categories.
Australian Temporary Work Skilled 457 visa Replaced with 482 Work Visa for skilled workers who want to work in Australia for up to 4 years. Workers must be sponsored by an employer to obtain this visa. The Australian Subclass 457 Work Visa allows Australian and overseas employers to sponsor an immigrant worker to enter Australia for up to 4 years in order to engage in skilled work. The visa holder’s family members can also gain entry to Australia, and may work and/or study during their stay.
Once a person enters Australia on a 457 work visa, there is no limit to the number of times he or she can enter and leave the country during the time frame of his or her visa.
Sponsorship
- Sponsorship is sought for workers in the meat or on-hire industries
- The sponsor is seeking to address ‘special labor market circumstances’
- Sponsorship is sought for a role that is not on Australia’s Consolidated Sponsored Occupations List (CSOL)
Australian 457 Visa Employer Requirements (Standard business sponsor)
For an employer to be eligible to apply, as a standard business sponsor, for a worker or workers to come to Australia under a 457 visa, they must meet the following eligibility requirements:
- Be a lawfully operating business
- Specify the number of workers they wish to sponsor over the full term of their sponsorship
- Businesses in Australia must:
- Meet the prescribed training benchmark, if they have been trading for 12 months or more (see our Prescribed training benchmark section below)
- Have a viable plan to meet the prescribed training benchmark, if they have been trading for 12 months or less
- Declare in writing that they have a strong commitment to employing Australian nationals and will not discriminate in in any way in regards to recruitment
- Have fulfilled any training requirements under their last period as a 457 sponsor, if applicable
- Businesses OUTSIDE of Australia must:
- Intend to sponsor a 457 worker to establish a new business in Australia with connections to an overseas business, OR
- Intend to sponsor a 457 worker to fulfill contractual obligations the employer has in Australia
- Have no ‘adverse information’ pertaining to them (for more information see our Adverse Information section below)
- Must not have taken any action which resulted in a third party paying costs related to the employer becoming a sponsor or recruiting a 457 worker
Labor Agreements
A labor agreement is an agreement between an employer and the Australian Department of Immigration and Border Protection which allows employers to sponsor 457 workers in circumstances not covered by the standard business sponsor category, such as when:
- Sponsorship is sought for workers in the meat or on-hire industries
- The sponsor is seeking to address ‘special labor market circumstances’
- Sponsorship is sought for a role that is not on Australia’s Consolidated Sponsored Occupations List (CSOL)
There are 4 types of labor agreement:
- company specific labor agreements
- industry labor agreements
- designated area migration agreements
- project labor agreements
Company specific labor agreements
These agreements are made on a case by case basis, and only where there is a labor shortage that is not already covered by another type of labor agreement.
Industry labor agreements
Industry labor agreements are made between the Australian Department of Immigration and Border Protection and industry leaders to combat persistent labor shortages in that industry. Terms and conditions for these agreements are set in advance, and cannot be negotiated by individuals or companies. Industry labor agreements are currently in place for the meat industry and the on-hire industry.
Designated area migration agreements
Designated area migration agreements are designed to address labor shortages in specific Australian states, territories and regions. Each agreement has its own terms and conditions. To check if your business falls under one of these agreements please contact us.
Project labor agreements
Project labor agreements combat labor shortages in large scale resource or infrastructure construction projects. Each agreement is negotiated with companies that oversee resource or infrastructure construction projects, after which employers can apply to be endorsed by the project company. If you think you may be eligible to take advantage of a project labor agreement please contact us for further assistance.
Prescribed training benchmark
Businesses in Australia that wish to sponsor 457 workers must meet a benchmark for the training of Australian citizens and/or permanent residents. Businesses which have been operating for 12 months or more must demonstrate that they have already met the benchmark, while those operating for 12 months or less must demonstrate that they have a viable plan of action for meeting the benchmark.
Overseas businesses do not need to meet the prescribed training benchmark.
Some examples of ways to meet the benchmark include:
- Funding formal study for your Australian employees, or for Australian TAFE or university students
- Funding a scholarship or your Australian employees, or for Australian TAFE or university students
- Employing apprentices, trainees, or recent graduates
- Employment of someone for the specific purpose of training Australian citizens or permanent residents
Adverse information
Examples of adverse information include, but are not limited to:
- A record of unlawful activity under Commonwealth, state or territory law, including being subject to administrative action that falls short of a criminal conviction
- Being under investigation for unlawful activity under Commonwealth, state or territory law
- Having been insolvent under the definitions found in subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
For the purposes of the adverse information conditions only unlawful activity relating to the following matters are considered:
- Discrimination
- Immigration
- Industrial relations
- Occupational health and safety
- People smuggling and related offenses
- Slavery, sexual servitude and deceptive recruiting
- Taxation
- Terrorism
- Trafficking in persons and debt bondage
Australian 457 Visa Employee Requirements
Employees applying for a 457 work visa must:
- Be sponsored by an eligible employer to work in a nominated occupation on the Australian Consolidated Sponsored Occupations List (CSOL)
- Have skills, qualifications, and experience which match the requirements of their nominated occupation.
- Have vocational English language proficiency: International English Language Testing System (IELTS) score of 5 across all four test components
- Be eligible for any relevant licenses associated with the position
- Meet various health requirements, including having health insurance.
- Meet the character requirements, this usually means a criminal record check
- Length of Stay: Applicants can apply to stay in Australia for between 1 day and 4 years on this visa.
- Family: 457 work visa holders can bring their family with them to Australia. Family members covered by this visa include married partners, unmarried/de facto partners, dependent children (of any age), and other dependent relatives. Family members will be required to provide supporting evidence before they are allowed entry in Australia.
- Married Partners: In order to include your married partner on your 457 visa you will require a copy of your marriage certificate.
- Unmarried/De Facto Partners: In order to bring your unmarried/de facto partners to Australia you will need to prove that you have been living together as a couple for at least 6 months. Tenancy agreements, rent slips, and shared bills are examples of suitable evidence. For advice on your specific case please contact us.
- Dependent Children: Children under the age of 18 can be included on your 457 visa with the provision of their birth or adoption certificate. To bring children over the age of 18 to Australia you will need to prove that they are significantly or entirely dependent on you to meet their basic financial needs (such as food and housing), and have been for a significant period of time leading up to your visa application.
- Other Dependent Relatives: The rules for other dependent relatives are similar to those for dependent children; relatives can be included on your application if you can prove that they are significantly or entirely dependent on you to meet their basic financial needs (such as food and housing), and have been for a significant period of time leading up to your visa application.
Australian Working Holiday visa Subclass 417
Australia’s working holiday maker visa scheme allows young people to have an extended holiday while supplementing their travel funds through incidental employment, thus experiencing closer contact with the local community and promoting international understanding. It is also a very popular option for young people from around the world, this visa allows those aged 18-30 to have an extended holiday in Australia while working to supplement their income.
| Belgium | Canada | Republic of Cyprus | Denmark |
| Finland | France | Republic of Ireland | Taiwan |
| Italy | Japan | Hong Kong Special | Malta |
| Norway | Sweden | Republic of Korea | Chile |
| Thailand | Bangladesh | United Kingdom | Taiwan |
| Estonia | Germany | Netherlands |
Applications
Only citizens of the above-mentioned countries are eligible to apply for Working Holiday visas. All visa applications must be lodged overseas. Applicants can lodge their application online or by post, but applicants with dependent children must lodge their application by post.
Eligibility criteria
- You have not previously used a Work and Holiday (Temporary) visa (subclass 462) to enter Australia
- You genuinely intend to enter Australia for a holiday (i.e. the main reason for coming to Australia is to holiday and that any work that you do is to support yourself while you are on holiday) and you intend to leave Australia at the end of your authorized stay.
- You have at least AU$ 5000 to support yourself in Australia
- Have the necessary funds to pay for return or onward travel when your holiday ends , i.e. you have a return ticket or sufficient funds for a return fare and for the first part of your stay
- You will not bring any dependent children with you, or be accompanied by them at any time during your holiday
- You have a good chance of finding temporary work to supplement your holiday funds;
- You are of good health and character
Benefits
Length of stay
If you are granted a working holiday visa, you are allowed a stay of 12 months from the date of initial entry to Australia.
You are permitted to study or train for up to three months in Australia if you applied for your visa after 1 July 2000.
Work and study conditions
Working holiday makers are permitted to study or train for up to 4 months in Australia, and can work under certain conditions.
You are allowed to do any kind of work of a temporary or casual nature. Since the main purpose of the visit is for holiday and travel, work for longer than 6 months with any one employer is not permitted. Working holiday makers should be paid according to Australian award rates and conditions.
Getting a second working holiday visa
As of 1 Nov. 2005, the Working Holiday Maker program has been expanded to help growers get the seasonal harvest labor they need. Working Holiday Makers who have done at least 3 months of specified work in certain regional areas Australia will be able to apply for a second, 12 month Working Holiday Maker visa. People from all 19 countries with which Australia has a reciprocal WHM arrangement are eligible.
In addition, Working Holiday Makers will be allowed to apply for and obtain a Skilled Independent Regional (SIR) visa without leaving Australia. This measure will significantly expand the pool of people available for sponsorship by state governments and regional authorities under the SIR visa.
If you are granted this type of visa, you are allowed to do any kind of work of a temporary or casual nature. Since the main purpose of the visit is for holiday and travel, work for longer than three (3) months with any one employer is not permitted. Working holiday makers should be paid according to Australian award rates and conditions.
Specified work must be carried out in the following industries
- Plant And Animal Cultivation
- Fishing And Pearling
- Tree Farming and Felling
- Mining
- Construction
Either the employer or the worker can apply for this visa. Our team of immigration specialists can also handle every stage of the application process. For help and advice with your 457 visa application please contact us on 9606023373 or at contact@viavifa.com for assistance.