Few Significant Changes To Temporary Work Visas In Australia

03 Aug 2015

Numerous significant changes have been introduced to obtain short term visas for  those applicants who seek to work in Australia, during the previous six months. There has been common misconception that the subclass 457 is only option left for the applicants working in Australia on temporary basis.  As per the recent changes in the immigration law of Australia, the subclass 400 visa has now become more appropriate in certain circumstances for the applicant.

For Subclass 400 visa longer visa terms

This visa is for highly specialized assignments for the fixed term.  This particular visa does not need employer sponsorship and it does have minimum requirements when compared to longer term Temporary visa Subclass 457.

To obtain a subclass 400 visa, which is valid for 6 months, a strong business case should be put forward. The Department of Immigration ad Border Protection would consider the following evidence

• Evidence about size, nature, duration as well as significance of the project to the local community and any potential impacts to the business/community should the project not be able to proceed, including the employment opportunities for the Australian workers.
• Evidence that specialist expertise/advise from overseas is essential, it include evidence from an employment agency in Australia, that there is shortage of qualified persons
• Whether there exist contractual obligation  which relates to both servicing of a piece of equipment or installation.
• Evidence stating  proposed employers of the applicant has made attempts but was unsuccessful to hire Australian to do the proposed work .
• The number of Australians being employed by the business or on the project
• As to whether there enough time available for the Australian to be trained for the proposed work over a longer period : and
• The applicant’s employment conditions (including salary arrangements and as to whether they are in accordance with the local labor market requirements)

Key Subclass 457 visa changes

The Subclass 457 is the visa of the choice when subclass 400 visa is not suitable for Australian work assignments. This year on 18^th  March , the Australian Govt. has gone ahead and made announcement that it would support a majority of recommendations made by the Review Committee which is responsible for assessing the integrity of 457 Visa Programme and implemented the following recommendations.

• There has been amendment in  English requirement  ie from a minimum score in each band to an average score.
• Previously English exemption needed 4 years continuous study is presently amended to 5 years cumulative study in an English speaking institution.
• The approval terms of Standard Business sponsors has presently increased from three years to five years for established business sponsors and one year to 18 months for start up business sponsors.
• To notify the timeframe for the sponsor, the Department of immigration of notifiable events is presently extended from 10 business days to 28 days after the event has taken place.
• To obtain exemption in salary by demonstrating market rate has been decreased and presently is aligned with income level above which the top marginal tax rate is paid (presently at AUD 180,000).

Overall these are positive changes which are intended to maintain the integrity of the 457 program and it definitely  helps in streamlining the processes for low risk and trusted business sponsors. It eases the administrative burden on both employers as well as applicants by Extending subclass 400 visa terms as well as implementing changes  . There is certainly a trend towards providing more flexibility to all parties involved. 

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