Employer-Linked Visas
COVID-19 and Visas

Employer-Linked Visas

Minister for Immigration’s Announcement:

COVID-19 and implications for sponsored temporary visa holders

In this update, we analyse the implications of the recent announcement concerning temporary visa holder arrangements during the COVID-19 outbreak, by the acting Minister for Immigration and Citizenship, Migrant Services and Multicultural Affairs, the Hon Alan Tudge MP. More

Visas, Travel Ban & Cancellations

COVID-19 Travel Ban and your visa

Flights cancelled? Unable to return home? What the travel ban mean for temporary visa holders in Australia

The Australian government, along with a number of other countries, have placed strict travel restrictions in response to the COVID-19 outbreak. More

Changes To The Period Of Allowed Unemployment On 457 Visas

Changes have been introduced to the period of allowed unemployment for 457 visa holders. A primary 457 visa holder, who was granted their visa before 19 November 2016, is permitted to remain unemployed after cessation of their employment for: 90 days or the date their 457 visa expires, if the expiry date is in less than 90 days. However, this period of allowed unemployment will be reduced from 90 days to 60 days, for 457 visas granted on or after 19 November 2016. More

Proposed Changes To Various Temporary Activity Visas

The Government has just announced proposed changes to the Temporary Activity Visa framework, scheduled to come into effect on 19 November 2016. This new framework is intended to make the process of applying for certain temporary visas or sponsoring applicants simpler for business, industry and individuals. More

Working For More Than One Employer Under The 457, 186 And 187 Pathways

A question often arises as to when an organisation can sponsor or nominate an overseas worker for a visa (under the 457, 186, or 187 pathways), and whether that worker can work for an associated or related entity of the organisation. It is important for both employers and overseas workers to be aware of the different requirements and limitations under each scheme. More

Applying For A 186 Or 187 Visa In The TRTS Where There Has Been A Change In Employer

If you have been working full time while holding a subclass 457 visa for the last two years, but have had more than one sponsoring employer, are you eligible to apply for a 186 or 187 visa in the Temporary Residence Transition Stream? More

457 Visas – Is The Position Genuine?

Within the last year the Department has been closely scrutinising the genuine need for nominated occupations under the subclass 457 scheme. The issue of “genuine position” has become contentious under the 457 scheme and the Department usually requires significant amounts of evidence to be satisfied that the criterion has been met. More

Proposed Australian Short Term Mobility Visa

The Australian government has proposed the creation of a new visa subclass, which will allow for entry into Australia for up to 12 months to complete specialised work, including intra-company transfers and foreign correspondents. Broadly, the proposed visa subclass will allow visa holders to undertake short-term activities or work in Australia, such as those in Australia’s interest. The new visa is expected to come into effect in 2016. More

Proposed Changes to the 457 Program

It is expected that numerous changes to the 457 Program will be implemented by the Australian Government in the coming months. Should these recommendations be implemented, many benefits can be expected to flow to Australian employers, prospective visa applicants and the Australian economy more broadly. More

Key recommendations: Independent Review of the Subclass 457 Program

Recommended changes to 457 visa program. More

457 Nomination Ceilings Removed

The ceiling on 457 Nominations has now been abolished for standard business sponsors. On 14 February 2014, amendments were made to the regulations to remove references to 457 business sponsorships ending once the number of approved nominations (the nomination ceiling) had been reached. More

Decision Ready Checklists - No Longer Available

The Immigration Department has announced that applications certified as “Decision Ready” by Migration Agents will no longer receive priority processing. All applications that are lodged under the Employer Nomination Scheme (ENS) and the Regional Sponsored Migration Scheme (RSMS) will now be placed in a central queue and allocated by date of lodgement. More

Introduction of Labour Market Testing to the Subclass 457 Visa Scheme

On 23 November 2013 laws in relation to labour market testing under the subclass 457 visa scheme came into effect.The Department of Immigration and Border Protection has stated that labour market testing (LMT) has been introduced to ensure that the subclass 457 visa is only used to meet genuine skill shortages in the Australian labour market. More

New 457 Labour Marketing Testing criteria

It was announced yesterday that from 23 November 2013, standard business sponsors (i.e. 457 sponsors), will be required to undertake Labour Marketing Testing (LMT) prior to lodging a 457 nomination application. More

Fair Work Ombudsman to Monitor Subclass 457 Scheme Compliance

In an effort to prevent the misuse of the subclass 457 visa scheme by some employers the government has introduced legislation into Parliament this month empowering the Fair Work Ombudsman (FWO) to monitor and enforce conditions surrounding the employment of subclass 457 visa holders. More

Tougher Penalties for Employers Hiring Illegal Workers

From 1 June 2013, new and harsher penalties will be in place for employers hiring illegal workers. The new scheme firmly makes the employer responsible for ensuring that all their employees have appropriate work rights. More

Changes to Short Term Work Visas

In March 2013 the Department of Immigration and Citizenship (DIAC) made a number of significant changes to the range of short term work visas available. The intention of these changes is to make a clear distinction between work and business visitor activities. More

Proposed Changes to the Subclass 457 Temporary (Skilled) Work Visa Scheme

In December 2012 the Department of Immigration and Citizenship (“DIAC”) released a discussion paper proposing a range of changes to the subclass 457 visa program. These measures have not yet been made into law, however the Government has now introduced the bill into parliament with an expectation of it being made law by 1 July 2013. More

Changes to ENS and RSMS

On 1 July 2012 DIAC made significant changes to the Employer Nomination Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS). More

Updated Policy on ENS and RSMS Registration Requirements

The Department of Immigration has clarified whether certain ENS and RSMS applicants need to hold registration, licensing or professional membership, when lodging their applications. More

Sponsoring overseas workers in the hospitality and tourism industries

The 457 visa program is a fast and simple way to address immediate skills shortages in your hotel, motel or restaurant by sponsoring workers from overseas. More

Streamlined processing for Accredited 457 Sponsors

On 7 November 2011, DIAC introduced a new 457 sponsorship accreditation scheme that allows employers to gain access to priority processing, and be approved as a sponsor for six years (rather than the standard three). The Minister has introduced this scheme in response to the 40% increase in the use of the 457 visa program in the latest financial year. More

Employer compliance with 457 sponsorship conditions

As a sponsor under the 457 scheme, an employer has a valuable recruitment tool, namely the ability to sponsor and employ overseas workers. Sponsorship approval also carries with it a series of significant obligations. In September 2009, DIAC introduced civil penalties for employers of 457 visa holders who breach sponsorship obligations. DIAC recently announced increased reliance on the imposition of civil penalties as a compliance mechanism. More

The 457 visa program: The past, the present and the future

The number of 457 visas granted between 30 June 2010 and 30 June 2011 increased by a staggering 38.2% (to 48,080) compared to the same period in 2009–2010. The total amount of primary visa holders in Australia at 30 June 2011 was 72,030, an increase of 5.3% compared to the same date last year. More

457 Temporary Skilled Migration Income Threshold to increase to $49,330 from 1 July 2011

The Department of Immigration and Citizenship (DIAC) has announced an increase in the minimum salary payable to employees nominated under the subclass 457 visa scheme. Effective from 1 July 2011, the Temporary Skilled Migration Income Threshold (TSMIT) will be $49,330, up from the current TSMIT of $47,480. More

Enterprise Migration Agreements - Commonwealth Budget (2011-2012)

Enterprise Migration Agreements (EMAs), a new temporary migration initiative to help address the skill needs of the resource sector have been announced by the Australian Government. EMAs will be a custom-designed, project-wide migration arrangement suited to the resource sector. Through EMAs, major resource projects will be able to access overseas labour for genuine skill vacancies that cannot be filled from the Australian labour market. More

Regional Sponsored Initiatives - Commonwealth Budget (2011-2012)

In recognition of the challenges that employers in regional Australia face to maintain and grow their businesses, in the 2011-12 Budget the Government has directed the Department of Immigration and Citizenship (DIAC) to begin investigating the viability of a number of initiatives specifically targeted toward assisting regional Australia to manage these challenges. More

Regional Migration Agreements

The government is proposing to introduce an initiative in 2011-2012 that will bring together employers, local and state government and unions to cooperate on addressing local labour needs. Regional Migration Agreements (RMAs) will be custom-designed, geographically based migration arrangements that set out the occupations and numbers of overseas workers needed in the area. More

Changes to acceptable probationary periods under the Employer Nomination Scheme

there will be numerous changes to policy under the Employer Nomination Scheme (ENS). There will be numerous policy changes to the Employer Nomination Scheme (ENS). The Department has indicated that this will include no longer accepting extended employment probationary periods. More

New Temporary Work Scheme for Semi-Skilled Workers

According to news reports, the Federal Government is contemplating a new migration scheme for semi-skilled workers to be employed on million-dollar mining and construction projects. More

Training Benchmarks for 457 Sponsors

Employers sponsoring 457 visas required to satisfy 'training benchmarks'. More

New Occupation List under the New Employer Nomination Scheme (ENS)

New occupations list that applies to ENS. More

New Occupation List for Subclass 457 and Subclass 442 (Occupational Trainee) visas

New occupations list for 457 and 442 visas. More

ANZSCO and the Migration Occupation in Demand List (MODL)

Migration Occupation in Demand List (MODL) revoked for all visa applicants with some exceptions. More

Changeover from ASCO to ANZSCO from 1 July 2010

ANZSCO has replaced ASCO as the standard used by DIAC. More

Migration occupations in demand list (MODL) revoked for ENS and RSMS applications

DIAC recently announced that the MODL has been revoked for the Employment Nomination Scheme. More

Changes to salary levels for 457 visa holders

457 visa holders must be paid at a market salary rate. More

New Worker Protection Act Legislation - effective 14 September 2009

The Worker Protection Act, effective 14 September 2009, includes nine requirements of sponsors including employing the sponsored visa holder in the occupation for which he/she has been sponsored and supplying information to Government when requested. More

New Departmental Approach to Subclass 457 Visas

DIAC will be taking a new approach to the 457 visa program. More

Changes to 457 Sponsor Obligations

Draft amendments to the Migration Regulations will significantly affect the obligations owed by 457 temporary business visa sponsors. More

Proposed Changes to Sponsorship Obligations of Employers of 457 visa holders

Employers who sponsor foreign employees are likely to be affected by a Bill currently before the Federal Parliament. More

457 Visa Processing Centres of Excellence

On 1 July 2008, the Department of Immigration and Citizenship (DIAC) opened 3 new “Centres of Excellence” designed to streamline the processing of 457 visa applications. More