Work Visa Temporary Business (Long Stay) visa (Subclass 457) (c) border.gov.au

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    • 75 per cent of applications processed in 51 days
    • 90 per cent of applications processed in 6 months

Last updated 13 April 2017 (for month ending 31 March 2017)

On 18 April 2017, the Hon Malcolm Turnbull MP, Prime Minister of Australia and the Hon Peter Dutton MP, Minister for Immigration and Border Protection jointly announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa which will support businesses in addressing genuine skill shortages.

Further information on these reforms is available at Abolition and replacement of the 457 visa – Government reforms to employer sponsored skilled migration visas.

​The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Aust​ralia and work for an approved business for up to:

You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

You can be in or outside Australia​ when you lodge your application.

The TSS visa programme will be comprised of a Short-Term stream of up to two years and a Medium-Term stream of up to four years and will support businesses in addressing genuine skill shortages in their workforce and will contain a number of safeguards which prioritise Australian workers.

This new visa is part of the Government’s significant reform package to strengthen the integrity and quality of Australia’s temporary and permanent employer sponsored skilled migration programmes.

Key reforms include:

  • Introducing the temporary skill shortage visa with new requirements, including but not limited to:
    • new, more targeted occupation lists which better align with skill needs in the Australian labour market
    • a requirement for visa applicants to have at least two years’ work experience in their skilled occupation
    • employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT)1 which ensures that overseas workers cannot be engaged to undercut Australian workers
    • mandatory labour market testing, unless an international obligation applies,
    • capacity for only one onshore visa renewal under the Short-Term stream
    • capacity for visa renewal onshore and a permanent residence pathway after three years under the Medium-Term stream
    • the permanent residence eligibility period will be extended from two to three years
    • a non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers
    • strengthened requirement for employers to contribute to training Australian workers
    • the Department of Immigration and Border Protection will collect Tax File Numbers and data will be matched with the Australian Tax Office’s records, and
    • mandatory penal clearance certificates to be provided.
  • Tightening eligibility requirements for employer sponsored permanent skilled visas, including but not limited to:
    • tightened English language requirements
    • a requirement for visa applicants to have at least three years’ work experience
    • applicants must be under the maximum age requirement of 45 at the time of application
    • strengthened requirement for employers to contribute to training Australian workers, and
    • employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT)1.
  • Concessions for regional Australia will continue to be available:
    • Employers in regional Australia will continue to have access to occupations under the temporary and permanent visas, to reflect their skills needs.
    • Existing permanent visa concessions for regional Australia, such as waiving the nomination fee and providing age exemptions for certain occupations, will be retained. Consideration will be given to expanding the occupations in regional Australia that are exempt from the age requirement.
  • Significantly condensing the occupation lists used for skilled migration visas, including the subclass 457 visa, from 19 April 2017.

The implementation of these reforms will begin immediately and will be completed in March 2018.

Further information on reforms is available:

Further information on different aspects of the reforms will be published in due course.

1 Set at $53,900 as at 12 April 2016.

DOCTORS AND NURSES

Temporary Visa Options for Doctors

Subclass 422 – Medical Practitioner (Temporary) visa

This visa allows foreign medical practitioners to work in Australia for a sponsoring employer for a period between 3 months and 4 years.

This visa is for:

  • overseas-trained doctors
  • overseas students who have completed their medical degree in Australia.

With this visa:

  • you can work in Australia for a period of between 3 months and 4 years
  • you can bring any eligible family members with you to Australia where they can work and study
  • after entering Australia, you and your eligible family members have no limit on the number of times you travel in and out of Australia

You must be sponsored by an approved Australian employer to be eligible to apply for this visa.

You should not lodge your visa application until you have received confirmation that your sponsorship has been approved.

The process for applying for this visa is outlined below.

Who Responsibility
Sponsoring organisation
  • find an overseas doctor to fill your nominated position
  • provide an offer of full-time employment to the doctor
  • ensure that the doctor can meet Medical Board registration requirements
  • apply to sponsor the doctor for a medical practitioner visa
  • meet your obligations under the sponsorship.
Doctor
  • accept the offer of employment
  • apply to the relevant state or territory Medical Board for registration to practice in Australia
  • apply for a medical practitioner visa
  • apply to Medicare Australia for a Medicare Provider Number (if required)
  • meet your obligations under the visa.

Sponsoring organisations can be:

  • direct employers from the health industry
  • state and territory health authorities
  • deputising services and locum agencies
  • community bodies such as local councils, government health organisations and medical centres in regional areas

While in Australia you can only work for the employer who sponsored you in the position nominated in your visa application.

The following people may be included in your application:

  • your spouse
  • your or your spouse’s dependent children
  • other dependent relatives

Family members who are granted a temporary visa are entitled to work and study in Australia.

The validity period of the:

  • sponsorship is 12 months
  • temporary visa is between 3 months and 4 years

If you currently hold a Subclass 422 – Medical Practitioner (Temporary) visa and decide to apply for a further visa to extend your stay, a new sponsorship and visa application must be lodged.

Doctors and their sponsors should consider applying for the Subclass 457 – Business (Long Stay) visa instead of the Subclass 422 – Medical Practitioner (Temporary) visa.

The Subclass 457 – Business (Long Stay) visa offers the following advantages:

  • it can be lodged online
  • it allows organisations to make multiple nominations for doctors under the same sponsorship
  • organisations can nominate other health professionals such as nurses, radiologists etc under the same sponsorship

Eligibility

Sponsor Eligibility

To be eligible for approval as a temporary resident sponsor you must:

  • be a lawfully established and actively operating organisation in Australia
  • be willing and able to comply with sponsorship undertakings
  • have a satisfactory record of compliance with immigration laws of Australia

The following organisations may apply to sponsor overseas doctors:

  • direct employers from the health industry
  • state or territory health authorities
  • deputising services and locum agencies
  • community bodies such as local councils, government health organisations and medical centres in regional areas

To be approved as a sponsor of an overseas doctor, you must provide a letter confirming:

  • the position you want to fill is full-time
  • the salary for the position meets current Australian market rates and employment conditions
  • the qualifications and essential skills required for the position

Doctor Eligibility

This visa is for:

  • overseas-trained doctors
  • overseas students who have completed their medical degree in Australia

To be granted this visa, you must have approval for registration to practise as a medical practitioner in the state or territory where you will be employed.

You must also have been offered full-time employment with an approved sponsor such as a hospital, medical practice, area health service or similar body.

You must be sponsored and employed by an approved sponsor for this visa.

You must meet a number of health requirements for your visa to be granted.

You will be required to undergo a medical examination and chest x-ray, plus HIV/Hepatitis B and C blood tests.

Private health insurance is available and is strongly recommended, but it is not a requirement for the grant of this visa.

You must be of good character to enter Australia.

If you are already in Australia, you may have a condition on your current visa that prevents you from making an application for another visa.

All visa applicants aged 18 years or over, must declare that they will respect Australian values and obey the laws of Australia. For applicants of this visa, the values statement is included in the general declaration section of the application form. By signing the form applicants will also be signing the values statement. Applicants for this visa will not be required to have read the Life in Australia book, but may do so if they wish.

Family Member Eligibility

The following family members may be eligible to accompany and stay with you in Australia:

  • your spouse
  • your dependent children
  • other dependent relatives living with you

These family members must intend to remain members of your family unit.

All eligible family members who intend to accompany or join you later in Australia should be included in the sponsorship application.

If any of your family members apply after the sponsorship application has been finalised, your sponsor will need to lodge a new sponsorship application including paying the sponsorship application charge.

Your sponsor must also accept responsibility for compensating the Australian Government for any costs incurred by your accompanying dependent family members arising out of their stay in Australia and their compliance with visa conditions and legislation.

All accompanying dependent family members must meet certain health requirements and may need to undergo a health examination.

Private health insurance is available to you and any accompanying dependent family members. It is strongly recommended, but it is not a requirement for the grant of this visa.

All accompanying dependent family members must be of good character to enter Australia.

All visa applicants aged 18 years or over, must declare that they will respect Australian values and obey the laws of Australia. For applicants of this visa, the values statement is included in the general declaration section of the application form. By signing the form applicants will also be signing the values statement. Applicants for this visa will not be required to have read the Life in Australia book, but may do so if they wish.

Obligations

Doctor Obligations

If your visa application is approved, the following work conditions will apply.

You must not:

  • stop working for the employer who sponsored you for the visa either by becoming unemployed or changing employer
  • work in a position or occupation that is inconsistent with the position nominated in your visa application
  • work for another organisation or for yourself while working for your approved employer.
    Example: Undertaking secondary employment

There may be other conditions of your entry and stay in Australia. If so, these will be explained to you when you are granted your visa.

If your circumstances change you must inform the department in writing as soon as possible.

Example: If you are not working in the position nominated in your application.

If your employment ceases, you must either:

  • find another employer who is willing to sponsor you and apply for another visa
  • apply for another type of visa
  • leave Australia within 28 days

You must meet Australian taxation obligations while you work in Australia.

It is important that you read information on your taxation obligations on the Australian Taxation Office’s website.

Family Member Obligations

Family members must abide by all Australian laws and intend to remain a member of your family unit while in Australia.

Your family members can:

  • enter Australia with, or after you
  • leave Australia with, or before you

If your family’s circumstances change you must inform the department in writing as soon as possible.
Example: If you have another child while in Australia.

Sponsor Obligations

As a sponsor you are responsible for:

  • compensating the Australian Government for any costs incurred by the doctor and all sponsored accompanying family members arising out of their stay in Australia
  • compliance by the doctor with all relevant legislation and awards in relation to any employment entered into by the doctor in Australia
  • compliance by the doctor and all sponsored accompanying family members with the conditions under which they were allowed to enter Australia, unless the department otherwise decides

Family Member Obligations

Family members must abide by all Australian laws and intend to remain a member of your family unit while in Australia.

Your family members can:

  • enter Australia with, or after you
  • leave Australia with, or before you

If your family’s circumstances change you must inform the department in writing as soon as possible.

Example: If you have another child while in Australia.

Subclass 422 – Medical Practitioner (Temporary) visa

Charge Type Charge Amount
Visa Application Charge $350
Nomination Charge $85
Sponsorship Charge $420

You must also pay any additional costs such as:

  • required medical examinations
  • translating documents into English
  • providing penal certificates for stays of over 12 months

1 Comment

  1. Gemma Villa   |  Tuesday, 23 May 2017 at 2:00 am

    I have a friend whose husband works as a chef in Melbourne, Australia under Subclass 457 for 3 years now and would like to process his Permanent Residence this year. Her husband included his wife and 4 children as his dependents in all legal papers including insurance. However, her husband decided not to include his family anymore in applying for Permanent Visa because according to him, the government allows to initially apply for himself, and then for his family later. My friend is worried that her husband may no longer sponsor them because of rumored third party. Is it possible that her husband can just remove them as his dependents, and will just re-apply for a new application without them? My friend is so depressed upon learning this. I would like to help her by asking this question to you and to other appropriate agencies in Australia. I look forward to your response. Thank you.

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