457 Sponsored Employment Visa
The 457 visa system is designed to allow Australian and overseas companies to employ foreign staff and base them in Australia. The employee can be hired locally in Australia or have worked with the company previously overseas.
We are able to provide free immigration advice to employers who wish to hire staff and prospective sponsored employees. Our findings in recent months are that 457 visas are becoming much harder to secure, especially for small foreign companies who want to expand into Australia and would like to send an employee.
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Even companies in Australia are struggling to secure a 457 visa because in recent years this visa class has been abused by immigration agents who saw it as a soft option in securing visas for their clients. While the law has not changed the Department Of Immigration And Border Protection has updated and hardened their policy, leading to far more scrutiny in these cases. Even though many refused cases have been successful in their appeal to the AAT in an independent tribunal, many have not been as lucky.
So if you are looking to emigrate to Australia on a 457 Visa we now urge people to think about this long and hard. If the Australia immigration policy continues to harden there is nothing to stop you having to leave Australia during the validity period of the visa. If you have a family the last thing you would want is to emigrate only to be repatriated within a year or two.
457 Skills In Demand
It is becoming increasingly important your skills are listed in the Consolidated skills occupation list and in demand within the area you are looking to secure employment. The Australia DIBP are more inclined than ever before to refuse a visa where the company can not evidence a strong case why they would need to employ overseas skills. In the majority of cases where the skills are not deemed t be in demand and therefore not on the CSOL list, it will be impossible for an employer to make an effective case for the approval of the 457 visa.
457 Self Sponsorship
Last year this loophole was in effect closed leaving new cases being refused in ever increasing numbers, while the bar to be awarded a self-sponsored visa is being raised almost weekly by the Australian government. The law has not been affected yet and some cases do win at appeal, however, in the past, these cases were approved while the same case would certainly be refused today.
If you would like to sponsor yourself and are a shareholder or Director of the company who wishes to employ you, we suggest you see professional help immediately to review all other options and the best way forward. We, of course, are here to offer FREE advice if you would like to know more, just ask us today.
