457 Business Sponsor - Training Benchmarks for approval

As part of the nomination requirements, the nominated position needs to be assessed as genuine.

There are many occassions where an occupation can be assessed to be non-genuine, for example:

  • the position is for a nominee who is related to the business owner or sponsor
  • the position is for a Chef or Restaurant Manager where the business is a fastfood restaurant
  • the position nominated is not relevant to the nature of business or industry, for e.g. nominating a Sales Representative for an accounting firm

There are many other circumstances which may give rise to doubts on whether the nominated position is genuine or otherwise.

If you need advice about the position you are nominating for your 457 visa application, contact Work Visa Lawyers to speak with our Immigration Lawyers and Migration Agents.

 

The Temporary Work Subclass 457 Visa

The Temporary Work (Skilled) visa (subclass 457), popularly referred to as the “457 visa” was one of the most common long duration temporary work visa for Australia.

On 18 March 2018 the 457 Visa was replaced the TSS subclass 482 Visa. This means that the 457 Visa will no longer be granted. While applications for the 457 Visa are no longer being accepted, applications that were filed before 18 March 2018 will still be processed.

For more information on the new TSS 482 visa click here.

If you are currently a 457 Visa holder, you are able to complete the duration of your stay and will not be affected.

Do you need help with a Sponsorship or TSS visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications.

  • If you are a holder of a 457 visa or intend to apply under the new rules, we can assist you.
  • We assist businesses of all sizes that are looking to sponsor and nominate a visa applicant.
  • Advise businesses how to meet the Department Training and Labour Market Testing requirements.
  • We advise visa applicants on their eligibility to make the 482 visa application or who are transitioning from a 457 or 482 to permanent migration.
  • We assist permanent migration for eligible 457 visa holders through the ENS to RSMS visa pathway.
  • Advise visa holders with responses to the Department meeting the 8607.
  • Advise visa holders with responses to ‘Notices of Intention to Cancel’.
  • Advise Employers of their ongoing sponsorship obligations.

Our team of passionate Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

We can advise employers on their ongoing sponsorship undertakings as a subclass 457 approved business sponsor.

The Department (DIBP) does monitor business sponsors, which can include requesting documents from employers and/or inspections of the work place.

The failure to meet subclass 457 sponsorship obligations or to comply with DIBP requests can result in the sponsor (employer) being sanctioned, which can include a sponsorship bar and fines.

We assist employers in responding to Department 457 compliance requests.

 

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

 

Concerns with Genuine Position for Nominated Occupation in 457, ENS and RSMS visa applications

Applications with the above scenarios are likely to be asked for further information by the Department to ensure that the vacant position is genuine and the applicant meets the requirements for the position with the business.

Applications that are asked to provide more documents or information will be assessed more thoroughly by the Department and hence there will be a delay to the processing times with the back and forth of submitting information and documents.

The rise in requests to provide further information are also causing assessment officers to spend more time per application, hence affecting applications that are straightforward genuine and complete when submitted.

We assist employers in responding to Department 457 requests.

 

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

If you have a 457 approved it is possible to change employers, only after the following requirements have been met:

  1. The new employer must become an Approved Business Sponsor (Stage one of the 457 Process) (insert link)
  2. A Nomination application must be lodged for the same nominated Occupation as you currently hold.
  • You cannot start working for the new employer until the sponsorship and nomination are approved.
  • You need to be aware of the conditions on your 457 visa such as 8107, (insert link) which says that your visa should be cancelled if you cease working for more than 60 days.

If you want to change employers and also to change positions, then you will need to consider the following three stages:

  1. The new employer must become an Approved Business Sponsor (Stage one of the 457 Process) (insert link)
  2. A Nomination application must be lodged for the same nominated Occupation as you currently hold.
  • You cannot start working for the new employer until the sponsorship and nomination are approved.
  • You need to be aware of the conditions on your 457 visa such as 8107, (insert link) which says that your visa should be cancelled if you cease working for more than 60 days.
  1. You may need to also lodge a new visa application.  If the new position is a different occupation, then the Department of Immigration may need to check if you have the required skills for the new occupation.

 

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

It is critical that the 457 visa holder and business sponsor adhere to the obligations and conditions of the 457 visa when it is approved. Failure to meet the conditions will result in visa cancellations and/or removal of sponsorship status for the business.

457 visa holder obligations

  • You are only allowed to work for the business that sponsored you
  • Must start work within 90 days or arrival to Australia
  • Must not stop working for the employer for more than 60 consecutive days
  • Obtain registration or licences if necessary
  • Maintain adequate health insurance for you and your family in Australia

 

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

There is no age limit for the 457 Visa. This is an important fact of the 457 Visa and is also one of the major advantage of this visa. 

There are age limit for most of the other Skilled visa, including the following:

  • RSMS 187 – Age limit 50 years old (with very limited exceptions)
  • ENS 186 – Age limit 50 years old (with very limited exceptions)
  • GSM 489, 189 and 190 -– Age limit 50 years old

.

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

Here are the requirements for 457 Visa applicant. At the time of applying they must have the following:

English test Minimum band score Minimum scores for test components
Listening Reading Speaking Writing
IELTS test Overall band score 5.0 4.5 4.5 4.5 4.5
OET - B B B B
TOEFL iBT Total band score 36 3 3 12 12
PTE Overall band score 36 30 30 30 30
CAE Overall band score 154 147 147 147 147
 

Exemptions to the 457 English requirements:

  • You are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
  • You have completed at least five years of full-time study in a secondary or higher education institution where instruction was conducted in English.
  • Overseas worker is paid an annual salary that is more than AUD $96,400.

Higher Requirements than the minimum for some Occupations:

  • You may need a higher English score if it is necessary for your registration or licensing.

 

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

Applicants need to demonstrate that they have the necessary qualification (and work experience, if applicable) to perform the duties required for the nominated occupation.

The applicant must have the Skill qualification as listed on the ANZSCO list.

For example, the skills required for the occupation of a Mechanical Engineer (ANZSCO code: 33512) as indicated by the ANZSCO are as follow:

Most occupations in this unit group have a level of skill commensurate with a bachelor degree or higher qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification (ANZSCO Skill Level 1). Registration or licensing may be required.

Apart from the ANZSCO, many trade level positions on the CSOL will require the visa applicant to have successfully completed a TRA 457 skills assessment. Here is a link to the TRA 457 Skills assessment

http://www.tradesrecognitionaustralia.gov.au/Programs/457/Pages/default.aspx

Registration and Licensing

If the nominated occupation requires licensing or registration in Australia, the applicant needs to obtain the registration or licence, or demonstrate that they meet the requirements for registration or licensing in Australia.

 

Do you need help?

Our team of experience Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

 

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Our South Australia Immigration Lawyers

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Student Visas, Skilled Migration visas, Business visas, Employer-Sponsored visas, Partner, and other Family Migration visas, as well as Migration Review Tribunal, Judicial Review, and Ministerial Intervention. Based in Adelaide South Australia, our Immigration Lawyers and Migration Agents provide migration advice to people and businesses from all over the world.

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