The 457 visa is the most commonly used programme for employers to sponsor overseas workers to work in Australia on a temporary basis giving workers 4-year renewable work rights. “There is no limit on the number of 457 visas you can get,” says Jerry Gomez a migration Agent in Australia. He adds, “It can even lead to permanent residency, just after 2 years.”
What is a 457 visa?
Simply put, the 457 Visa is an Australian work permit. Known as the Temporary Work (Skilled) (subclass 457) visa, it is designed to enable employers to address labour shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian. “You can apply for this visa inside Australia while you are another substantive visa or outside of Australia,” says migration agent in Melbourne, Jerry Gomez.
How do I get a 457 visa in Australia?
You must be skilled in an occupation listed in the Consolidated Skills Occupation List (CSOL) in order to be eligible. Consider getting professional advice from a migration agent in Australia in order to properly determine your occupation and how best to provide evidence of your skills. “Visa applications are often rejected due to shortcomings on this part of the application,” says Jerry Gomez, a Melbourne migration agent.
What are the key criteria for a 457 visa?
The application involves 3 stages: Sponsorship; Nomination; and Application. A migration agent in Australia will be able to take you through these stages if you or your employer are relatively new to this. “Given this complexity, you must aim to get it right, the first time around and avoid uncalled for scrutiny in the application,” says migration agent in Melbourne, Jerry Gomez adding, “Queries and increased scrutiny from the department arises where applications are poorly prepared and incomplete”.
How are applications processed?
There are 3 processing stages.
Sponsorship: The employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 457 visa.
Nomination: The employer nominates an occupation for a prospective or existing subclass 457.
Visa application: The person nominated to work in the nominated occupation applies for the subclass 457 visa. This is the final step to obtaining a subclass 457 visa.
“You can lodge all three application at the same time,” says Melbourne migration agent, Jerry Gomez, “Just make sure your application is complete, is void of inconsistencies and deals with any issues surrounding the application.”
How long does it take?
The time taken for an application to progress and for the department to make a decision varies. As a guide, when all documents are supplied with an application, we aim to finalise most applications within 90 days. “The key is to make it easy for the department to assess the application by ensuring all the relevant evidence is provided with the application and all the essential criteria is properly addressed,” says Jerry Gomez, a Melbourne migration Agent.
Can I change jobs while on a 457 visa in Australia?
Yes, but you will have to go through the application process again. The reason for this is simply because your new employer has to be an eligible sponsor and show that they are unable to find an Australian to fill the position. “The department however does provide you with a 90 day grace period to deal with things like sudden employment termination and get another visa be it a 457 visa or otherwise,” notes Jerry Gomez, a migration agent in Australia.
This article is for information only and is not intended to be legal advice. Please contact Jerry Gomez, a migration agent in Melbourne, and principal lawyer at Gomez Lawyers for further information: firstname.lastname@example.org or phone +61 3 9017 6881. © Copyright Gomez Lawyers, 2015.