15/11/2017
Attention 457 visa holders. The Department of Immigration and Border Protection has indicated arrangements will be in place to facilitate transition to permanent employer sponsorship after proposed changes in March 2018. 'People who held, or had applied for, a subclass 457 visa on 18 April 2017 will be able to access certain existing provisions under the Temporary Residence Transition stream:
- occupation requirements remain the same (i.e. there are no restrictions as long as the nominee continues to work in the same position for the same employer as approved for their subclass 457 visa);
- the age requirement will remain at less than 50 years of age; and
- the work experience requirement, and the requirement to have worked at least two out of the three
years prior to nomination on a subclass 457, will remain at two years
This is welcoming news for many.
Something to be considered however is the potential for the proposed nomination training levy to apply to all employer nominations included those under transitional arrangements. Although finer detail will need to be outlined in legislation it would be reasonable to predict that legislation may require this levy to be paid by the employer and not passed on to visa applicants. The proposed levy amount is: '$3,000 for small businesses (those with annual turnover of less than $10 million) and $5,000 for other businesses.' Such in addition to the nomination charge $540.00 the employer will need to pay the training levy for each permanent nomination.
If you are a 457 holder and you applied after April 2017 it would appear that you will need to meet the new requirements which have yet to be outlined in legislation. If you want to know where you stand and if you have any alternative options please contact us for consultation.
