Common Mistakes that people make about the Australian work visa subclass 457
1. I can only lodge an application for approval as a sponsor and nominator once I have found a visa applicant.
An Australian business does not need to wait until it finds a non resident employee before applying for approval. The business can be approved in advance as a sponsor for up to two years or until all nominations associated with the approved sponsorship have been exhausted, which ever occurs first.
By arranging pre-approval of the sponsorship, the Australian business will help reduce the processing time associated with any nominated position and associated visa application. This saving of time can translate in the non resident employee being able to start work sooner rather later.
2. The Department of Immigration can provide me with all the advice and assistance that I need to apply for a visa.
The Department's staff, are not able to provide you with legal advice or assistance concerning visa applications. Legal advice can only be obtained from persons that are by law able to provide you with such advice, such as registered migration agents.
3. Australian employers only need to sign documents that state that they will give the overseas employee a job.
This is incorrect, the Australian employer must provide the Department with among other things information concerning their business history and financial position before they can be considered for approval as an employer of overseas employees.
4. Once the visa is approved the non-resident can go to work wherever they like.
The approved visa only allows the main applicant to work for the Australian business who was approved as their employer. If the main applicant decides to change employers they must apply for a new visa which will also require their new Australian employer to also be assessed and approved as a sponsor and nominator.
5. The non resident employee just needs to be sponsored by an Australian business.
The non resident employee's position must be a position that has been gazetted by the Minister for Immigration for temporary work visas. Further, the employees salary must be at least the minimum as gazetted by the Minister. Finally the non resident must also demonstrate that they have the skills and ability to undertake the work that the position requires.
6. Finding a non-resident employees is difficult.
It is common for many Australian employers looking for personnel to not consider the extensive number of non-residents in Australia on a variety of visas including the working holiday visa. Working holiday visa holders are able to work for Australian employers for a set period of time whilst in Australia. This program as such can provide Australian employers with the ability to trial non resident employees before committing to the work visa process. Finding a non-resident employee can be as easy as contacting recruitment agencies or posting a notice on websites that are geared to finding non-residents with work in Australia. Caution must however be taken to ensure that when trialing any non-resident employee that the non-resident does have permission to work.
7. There are too many obligations when employing non residents.
Australian employers have the same legal obligations to overseas employees as they do to Australian employees. An Australian employer does have a number of other obligations to the Department concerning its non resident employees. These obligations are in place in order to ensure the integrity of the visa system. A number of these obligations relate to the non residents repatriation and health care whilst in Australia. Such matters can be covered in the contract of employment thus ensuring all parties are aware of their respective obligations. Finally as long as the Australian employer keeps the Department informed of the employment arrangements and any changes in circumstances then the employment of an non resident employee can be similar as that of an Australian resident or citizen.
Visa mistakes often lead to visa refusals. If you require a visa review you should contact Alan Rigas Solicitors.