“457″ visa holders made redundant

The Australian Economy is suffering and the Construction Industry in particular.

We are aware that a number of employees who are currently on “457″ Business (Long Stay) 4 year Temporary visas, are the latest visa holders to become the victims of the effect of the downturn in the Australian Economy. The “457″ visa has Condition “8107″ attached as part of the granting of this visa, and is the visa where an employer agrees to Sponsor an employee for up to 4 years and the employee must remain working for the Sponsoring employer. This Condition “8107″ states “the employee must not cease to be employed by the Sponsoring employer in relation to which the visa was granted”. In return, the employee, who must be under 45 years of age, does not usually forced into have their skill assessed by an Assessing Authority, such as TRA or VETASSESS.

If a “457″ visa holder finds they are in this position of losing their job, they have 3 options, which MUST be done within 28 days of losing their job:-

1. Find another employer who is willing to employ and Sponsor them, and apply for new “457″ visa to enable them to work for this new employer/Sponsor.
2. Apply for another type of substantive visa for which they might be eligible. As an example, a Holiday or Visitor visa (no work is a condition of this visa though), or perhaps a Student visa, which would then allow them to stay and study in Australia.
3. Leave Australia within the 28 days.

These, unfortunately, are the cold, hard, facts regarding the “457″ visa. It is relatively easy to obtain, but if you lose your sponsorship/employment, you have limited options to remain in Australia.

1st July 2009 Skills assessment – Subclass 457 visas

As from the 1st July 2009, The Department of Immigration and Citizenship (DIAC) have made the decision that certain applicants for the Subclass “457″ (Business (Long Stay) 4 year Temporary visa must now have their skills Formally Assessed by Trades Recognition Australia (TRA). Over time, the initial list of Skilled Occupations as well as Passport holders will be expanded upon.

Until the 1st July 2009, applicants were able to apply for the “457″ visa without having their skills assessed. It also allowed for those holding the “457″ visa for at least 2 years to apply for the Employer Sponsored 5 year Permanent Visa, again, without having their skills assessed.

The initial list of skills which must be assessed by TRA is:-

• Welder (First Class)
• Motor Mechanic
• Fitter
• Metal Fabricator
• Chef/Cook.

Applicants for the above mentioned 5 skills who are also on an initial list of Passport holders from the following countries, are required to have their skills formally assessed:-

• Brazil
• China
• Fiji
• Papua New Guinea
• India
• Philippines
• South Africa
• Thailand
• Vietnam
• Zimbabwe

In the furure, the list of skills and passport holders will be expanded upon over time.

There are some circumstances where DIAC will not require the TRA skill assessment. An example may be where a Primary Applicant is currently a “457″ visa holder and also holds the relevant Australian Qualification or Australian Registration/ Licence for the Nominated skilled occupation.

Applicants from the above countries can apply through TRA at any time from now on. The assessment is based upon the Formal Training and Structured Regonition of Previous Learning. This assessment will be carried out by Certified Recognised Training Organisations (RTOs) –

http://www.deewr.gov.au/Skills…A/Pages/default.aspx - at a cost to the applicant.

Those applying for this skill assessment through the RTO, need not enclose the Outcome Letter from the RTO. Applicants should complete the Skills Assessment Letter –

http://www.immi.gov.au/skilled…ls-assess-letter.pdf – which is available on the DIAC website and either attach it with the application or forward it to the Case Officer concerned with their application if they have already lodged their application.

July 1 2009 Legislative changes

As from the 1st July 2009, there are extensive changes to both the Legislation and also the Policy for those wishing to Emigrate to Australia.

All the changes are so extensive that it is impossible to expand on each situation in this advice. A summary of changes are:-

1. Increase in DIAC Fees and charges (see new Form 990i at – www.immi.gov.au )
2. Many Forms have changed and from today any application MUST be made on the new Forms.
3. Contributory Parent visa applications – removal of the split application senario which enabled one Parent to apply and then once the Permanent visa is granted for 2 years, that Parent could apply for a Spouse visa.
4. Balance of Family test must be done at time of application.
5. Change of Sponsor for Remaining Relative and Parent visas.
6. Removal of work limitation condition for eligible “410″ Retirement visa applicants.
7. Extension from 4 years to 10 years for eligible “410″ Retirement visa applicants.
8. Extension of entry period for “462″ Work and Holiday applicants .
9. Bridging visas – including permission to work arrangements.
10. The subclass “050″ Bridging visa is added to the relevant visas under Regulations 2.43 (1) (a) (i).
11. There are also Technical Amendments via Gazette Notices.
12. Approved destination Scheme applications will be able to be completed via electronic forms.
13. Changes to the People Trafficking Visa Framework
14. Health Waiver  – various participating States and Territories
15. Same sex, or Interdependent, relationships
16. General Skilled Migration (GSM) – change to the English requirements. This has been touched on in previous entries in this site – see “Australian Visa News”
17. Subclass “457″ visas have been updated.
18. Business Skills – subclass “163″ – Senior Management Provisions have been changed.

Should you want expanded information on any of the above items, please do not hesitate to contact us.

We offer a FREE VISA ASSESSMENT for those interested in knowing what their current situation is with regard to Emigrating to Australia. Please complete our form to receive Professional advice within 24 hours.