Temporary Work (Skilled) Visa – subclass 457

The Temporary (Skilled) subclass 457 visa has been replaced with the Temporary Skill Shortage (TSS) visa (subclass 482) - https://www.homeaffairs.gov.au/trav/visa-1/482- effective from 18 March 2018. This web page will be updated shortly with detailed information about the TSS. If you have any questions on the new process, please contact the Immigration and Relocation Specialist, Shabina Nairn on (02) 8627 1291.

For more information visit the Department of Home Affairs website.

FAQs

What do these changes mean for existing staff on the current subclass 457 visa?

Staff who are on a 457 visa will retain their visa status until their respective 457 visa expiry date. Any visa renewal will require a TSS visa application.


What do these changes mean for staff members who have submitted their personal subclass 457 visa application before 18 March 2018 and are waiting for a decision post 18 March 2018?

The visa will be assessed under the old 457 visa rules and any visa granted will be a subclass 457 visa.


What are the University’s obligations during the employment period?

The subclass 457 visa is a sponsored visa, which means the University must first seek approval from the Department of Home Affairs to sponsor a subclass 457 visa holder. As a sponsor, the University is required to meet certain obligations and notify the Department of Home Affairs when certain events occur.

View a full list of the University’s obligations on the Department of Home Affairs website.

Some examples of the University's obligations are:

  • ensure equivalent terms and conditions of employment for the subclass 457 visa holder as would be provided to an Australian citizen or permanent resident employed in the same position
  • pay travel costs to enable sponsored persons to leave Australia if the subclass 457 visa holder or the Department of Home Affairs requests this in writing
  • pay costs incurred by the Commonwealth to locate and remove unlawful non-citizens.

To assist the HR Service Centre to identify and notify the Department of Home Affairs of certain events in line with the University’s obligations, we require you to notify the team if any of the following situations occur (at least 10 working days before any actual change takes place):

  • the individual does not commence employment with the University
  • the staff member’s position number, location, Faculty/School/Department or classification level is proposed to change
  • there is a change to the work activities of the position or role from those advised in the Employer Nomination
  • the staff member is recommended for promotion to a higher level
  • the staff member is offered an extension of their employment period
  • the staff member ceases or is expected to cease employment with the University.

Failure to notify any of the above actions will result in a sponsorship breach, which carries penalties for each separate breach.


What are the penalties if the University’s obligations are not met?

If the Department of Home Affairs believes that the University is not complying with its obligations, the University will be issued with a breach notice. The consequences of a breach notice may include any of the following sanctions:

  • up to two years’ imprisonment or a fine of up to $66,000 per breach
  • suspension of the University from nominating any employees under the Temporary Business (Long Stay) - Subclass 457 visa for a specified period of time
  • cancellation of the business sponsorship agreement, and/or
  • cancellation of the visas of any staff members and their accompanying family members.

What are the visa conditions applicable to subclass 457 visa holders?

The visa grant notice issued to a subclass 457 visa holder will outline the visa conditions applicable to the individual. Listed below is some information to help prepare the visa applicant:

8107 - This condition restricts the primary visa holder to work in the nominated position and for the sponsoring organisation (i.e. the University) only. The visa holder is not permitted to engage in private consultancy or receive any form of remuneration from any entity that is not related to the University and the nominated position.

8501 - The visa holder is responsible for obtaining and maintaining adequate health insurance for themselves and any dependants for the duration of their stay in Australia. The University will require the staff member to provide evidence that adequate health insurance cover has been obtained prior to commencement of employment. Travel insurance does not provide adequate health cover for the duration of their stay in Australia.

Any one or more of these conditions may be imposed:

8303 - The visa holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

8502 - The visa holder must not enter Australia before the entry to Australia of a person specified in the visa.

8516 - The visa holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.

8522 - The visa holder must leave Australia not later than the time of departure of the person:
(a) who has satisfied the primary criteria, and
(b) of whose family unit the holder is a member.

8525 - The visa holder must leave Australia by a specified means of transport on a specified day or within a specified period.

8526 - The visa holder must notify the Department of Home Affairs in writing, not earlier than 7 days before the date the visa ceases to be in effect, and not later than that date, of the holder's place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.

More information on health requirements.