Wednesday, October 21, 2015

Guide lines for pathways under the 457 visa scheme or Employer sponsored temporary visas for Australia

The 457 visa program is one of the most popular visas under the Employer sponsorship visa pathways. The 457 visa also known as the Employer sponsored temporary visa was introduced to fill the gap in skilled employment in Australia. 

Employers who cannot find Australian citizens/ permanent residents to work in skilled positions can sponsor overseas workers to work in those occupations under this scheme. The Department of Immigration and Border Protection (DIBP) has provided a list of occupations from which sponsoring employers can choose an occupation to nominate. The list includes a range of highly skilled and semi-skilled occupations including but not limited to Managers, Medical professionals, Engineers, IT professionals, Farmers and Trade persons. The sponsoring employer’s financial strength is assessed as part of the application process to ensure sponsored overseas workers under the 457 visa scheme are not exploited or disadvantaged and that sponsored employers are able to pay salaries as approved by the Department of Immigration. The 457 visa scheme is very similar to the H1 visa scheme provided in the U.S, where employers can sponsor highly skilled overseas professionals to work full time in the nominated positions for the term of the visa period. The number of occupations available for sponsorship under the H1 visa scheme of the U.S is very limited compared to the list of occupations available under the 457 visa scheme for Australia, where nearly 600 different occupations are available for sponsorship.
The benefits of the 457 visa are intended for both the sponsoring Employer and the employees who are being sponsored under this scheme.  The primary benefit of sponsoring an overseas worker is retention of employees on a long term basis. The sponsoring employer also benefits from the fact that the 457 visa holders cannot work for any other employer whilst under the sponsorship of the approved 457 sponsored employer.  The benefit for the 457 visa holder is that the person’s full time job is guaranteed before arriving in Australia or before the visa is granted. This visa allows the 457 visa holder to live and work in Australia on a full time basis. The visa also allows multiple overseas travels to the 457 visa holder during the term of the visa period. The Department of Immigration requires the terms and conditions of employment provided by the sponsoring employer to the sponsored 457 visa holder to be similar to any other Australian citizen/ permanent resident working in a similar position in the same region/city. This ensures sponsored 457 visa holders are not exploited and/or underpaid under this scheme.  Both the sponsoring Employer and the sponsored 457 visa holder can terminate the contract of employment with a four week notice or as provided by the National Employment Standards (an organisation which overlooks and sets the employment standards in Australia).
457 visas can be granted up to four years and can lead to permanent residence through employer sponsorship or independent skill migration visa pathways.  The 457 visa scheme is of great benefit to the Australian economy as it allows skilled overseas professionals from various backgrounds to bring their expertise to Australia and helps in addressing major issues like low birth rate affecting population growth and ageing population.

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