Visa Options In Australia, The Subclass 457 Temporary Long Stay Business Visa

By Author: Mark Alexander
Total Articles: 8
Comment this article

There are several different types of work visas for people wishing to engage in employment within Australia. The main categories include; the holiday working visa, resident visa, internship visa, investors visa and business visa. The last of these, the business visa, is for those wishing to work in Australia for anywhere between three months to four years. The short term visa is basically available for business people requiring only a short term visit, being involved in activities such as; seminars, conferences and training. The longer term visa is essentially designed for people working for a company, from their own country, with a base in Australia. Alternatively, they could be working for an Australian company who and have been contracted for a job in order to fulfill specific work requirements.

This kind of long stay temporary work visa is better known as a Subclass 457 visa. There are four basic requirements for this visa. The applicant should firstly be sponsored by an employer to fill a specific designated position. Secondly they should possess skills, experience and qualifications pertinent to the job ...
... they are being hired for. Additionally they must be eligible for licenses or registration relevant to the nominated position. And finally they must be able to show proof of being reimbursed, to at least the minimum level, applicable to the job, at the time of entry.

If the applicant is successful in obtaining a 457 temporary work and residence visa then they are entitled to remain in Australia for as the full length of the duration of that visa. That is to say that the visa does not expire with termination of the end of their sponsorship. The visa will allow them to stay, without restrictions, and on a multi entry basis. Whilst holding a 457 visa workers are permitted to apply for permanent visa status and there are no restrictions to the number of times a potential migrant can post an application.

During 2010 there have been widespread changes, for some temporary visa holders, in relation to their applications for permanent residency. The reforms are largely based around the changes to the Skilled Occupation List (SOL). The total number of occupations, now seen as suitable for potential migrants, has been reduced from over 400 down to 181. The new list focuses much more on high skilled professions requiring a high degree of formal training and education. The changes were made, to a large extent, as a response to the previous large inflow of low skilled migrants. Those people most affected are students on either a Subclass 572, 573 or 574 visa.

Potential applicants of a Subclass 457 visa, as of the 1st of July 2010, have also seen changes in the make up of relevant occupations to be included on their list. However, unlike students, this list has only seen a few minor changes and remains very much the same compared to the previous one. The new 457 list is based on the ANZSCO system of classification, having replaced the previous ASCO system. Current lists and details are available on the website of The Australian Government Department of Immigration and Citizenship.

For people seeking a Subclass 457 three stages are involved. The first stage involves submitting a sponsorship application where the employer must be approved as a sponsor. The company must demonstrate that they will be the direct employer, they have a lawful and active and sound business record, that the employee will bring economic benefit to Australia and that they will further develop the employee's skills. The second stage is for the employee to submit a business nomination. The employer must be an approved business sponsor, show that the position is paid at or above the minimum salary and meets a minimum skills

set. The third and final stage is to lodge the visa application. At this point the company must demonstrate that they have an approved and current business sponsorship.

As with any visa application, The Australian Government of Immigration and Citizenship have both an informative and comprehensive website and are available to help all potential applicants with any visa query. Alternatively, an applicant could seek the help of one of the many qualified immigration lawyers practicing in Australia such as Turner Coulson Immigration Lawyers Sydney (http://www.tcilawyers.com.au). Since the majority of workers tend to settle in urban areas, most of the lawyers specializing in immigration law tend to be based in the major metropolitan areas of Sydney and Melbourne, though obviously not exclusively so.