Employing Subclass 457 Visa Holders?

Author: KU Legal

Published: 4 Oct, 2017

4 key points to understand about your responsibilities: How they have changed PLUS how you will be affected in the future

  1. Changes In Occupations Criteria – The DIBP (“Department Of Immigration And Border Protection”) Has Introduced Restrictions Or “Caveats” Relating To Certain Occupations. These Caveats Relate To The Turnover Of The Business, To The Number Of Full-Time Employees And Also To The Base Salary Of The Role Being Filled. It Is Important To Ensure That You Can Satisfy The Requirements For The Specific Occupation Before Proceeding With Any Application.
  2. Labour Market Testing – now obligatory for many applications lodged after 1 July, we can advise you on how to comply with these requirements in the most efficient and cost-effective way possible.
  3. Since the DIBP has started to grant subclass 457 visas for different periods – two and four years – the importance of verifying the visa validity of each of your employees is even more important.
  4. Training – if your Standard Business Sponsorship (“SBS”) approval was granted before 1 July, it is subject to the old rules regarding training. If your application was approved post-1 July, there are certain changes to the relevant legislation and it is more important than ever to ensure that you satisfy the training requirements and, of course, keep records of the training undertaken (making sure it is relevant to your industry) and the cost of the training – receipts/course materials etc. In March 2018, a Skilling Australians Fund (SAF) will be introduced to replace the current training requirements. This will only apply to SBS applications lodged after March.

If in doubt, please contact us for a review of your obligations and responsibilities.