What Is Involved In Being A Sponsored Worker?
SINCE THE 17th APRIL 2017 THIS VISA CLASS HAS BEEN ABOLISHED
Employers Licence To Hire Overseas Skills
Establishing A training Fund
Before an employer is allowed to apply for a 457 visa to bring staff into Australia they must evidence that they have the necessary structure to not only support the overseas national but also that they are committed to training local residents to reduce their dependence on overseas skills. This requires them to commit 1% of their turnover to a training programme.
Equal Pay, Conditions & Contracts
An employer must be able to evidence the overseas worker will receive equal pay, comparable to fellow employees in the company and also in line with the local average salaries for that role. The company will need to evidence they have a safe working environment and the necessary insurances in place, in the case of an accident so the overseas employee does not become a burden on the public purse.
Aside from the cost of securing the licence, paying 1% of turnover to train local residents and other costs associated with meeting the needs of the Immigration rules. An employer will be liable to pay for an employees flight out of Australia if the role comes to an end for whatever reason. The cost of a flight home for UK national will be a big liability for any employer to carry. Especially, if they have not worked with the candidate previously. Which means in only a few weeks of the job starting the employer or employee decide it is not right to continue employment the employer is liable to pay for flights.
An ex-employee MUST leave Australia within 90 days of the job being terminated.
To add even further financial liabilities, if an employee decides NOT to leave Australia when the job ends the employer may be subject to a $50,000 cost. This is the cost associated with the immigration authorities finding, detaining and deporting the ex-employee. These not insignificant numbers and as an employer you need to be certain you are hiring the right candidate with the correct skills.
Labour Market Impact Assessment
To evidence the role can not be filled by a local resident the role must be advertised in most cases (unless on the SOL or CSOL) list. In addition to this, to confirm the overseas candidate has the skills required in the advert their skills must have been assessed by the Authorities to confirm they are suitable for the role. Without the correct skills assessment, licence, etc... overseas workers are not allowed to work in Australia as a sponsored employee.
Points To Note As An Employees
As the 457 sponsorship is issued to the employer and the process is both expensive and carries exposure to risk it makes finding other work while in Australia often difficult. If your 457 visa is cancelled by your employer you will have 90 days to leave Australia. Often UK families are forced to return to the UK as the job does not work out as expected, making the dream something of a nightmare!
While you are on a 457 visa you are classed as a temporary resident which means you will not have access to medicare and will require medical insurance, you may have to make a contribution to your children's education, often this can be several thousand dollars per year. You may be required to pay an excess on stamp duty if you wish to purchase a home.
The dream of a 457 visa is not always what you would hope for. An employee must be certain they have selected the right employer as many employers will find ways to "Maximise" their investment in the visa and expect the overseas worker to do the jobs no one else is willing to do. As the employee is bound by the draconian terms of the sponsored visa they begin to feel exploited or are exploited. You can go to local employment tribunals if you wish to enter into conflict with your sponsor, however, as you will need to leave Australia within 90 days very little will be resolved before you must go.
We work with many employers across Australia, but we never recommend a sponsored visa for any client who can secure an independent skilled visa. There may be a small initial additional cost of visa and government fees but the savings on arrival in Australia far outweigh any upfront investment. Employers also prefer candidates who have solved the issue of securing a visa and are able to work freely in Australia. The holder of an independent skilled migrant visa is also free to change employers and not subject to suffocating restrictions, along with having access to education and medicare from day one. If you are serious about living and working in Australia we suggest you invest a little in securing an independent skilled visa if you can, it may be the best investment you will ever make.
The 457 In Summary
The qualified employer can go on to nominate a skilled labour for the position that cannot be domestically recruited. The nomination is valid for one year. Hired and nominated worker files for a visa with a validity of 4 years. The remuneration paid is at par with the prevalent market rate for the similar position along with all other perks and grants.
With this visa you can:
- Enter live and work in Australia for a period of 4 years
- Include your family in the visa application
- Unrestricted permission to travel in and out of country
- Prerequisites for applying for subclass 457 visa
You must be:
- Nominated to be employed in a listed profession
- Have necessary qualifications, training, experience and track record to suffice for the position
- Have minimum requisite English ability
- Be qualified for any endorsements or registrations needed for listed trade
- Have required health cover
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