Update on recent changes in temporary working visa
Update on changes in 457 visa.
We are receiving many enquiries about the update on 457 visa. There is a rumor going around claiming there has been a major change in 457 visa. The only change that has happened recently is if you are no longer working with your sponsoring employer you will get 60 days to find another employer. It was 90 days before. All changes are on short term work visa and the details are below.
There are new temporary visas introduced by DIBP from 19 November 2016 onwards.
One of them is Subclass 407 (Temporary activity visa) which replaces Subclass 402 visa with some ammendments. The changes include
- The sponsor must also be the employer in most cases, there are limited circumstances in which there will be more than one employer.
- Restrictions have been placed on the provision of third party training have been introduced to prevent Subclass 407 being used by sponsors as a pretext for the supply of labour to a business.
- The past conduct and likely future conduct of the applicant, including whether the applicant is likely to exploit sponsored visa holders or use those visa holders to meet labour requirements which are outside the intended scope of the visas;
- Occupational training is to be provided directly by the sponsor, except in specified circumstances
- New restrictions have been placed on the outsourcing of the occupational training to third parties
- Transitional arrangements for continuation of ‘legacy’ approved sponsorships from the previous visa subclasses for sponsored applications lodged before or on 17 May 2017 ie Subclass 402
- Legacy sponsors are those currently approved as Subclass 402 sponsors
The new Temporary Activities Subclass 408 visa, establishes a new single subclass of visa and repealing Subclasses 401, 416, 420 and 488.
This visa is for people who is;
- Participating in events where the applicant is invited by a person or organization who is directly responsible for, or has a formal role in, preparing for or conducting the event;
- Elite sporting activities or training for such an activity;
- Religious activity that is predominantly non-profit in nature;
- Domestic work for certain senior executives of a foreign government agency or foreign organization;
- Working as a crew of a super yacht;
- Observing or participating in an academic research project;
- Working in a skilled position under a staff exchange arrangement;
- Participating in certain special programs in Australia;
- Engaging in work directly associated with an Australian government endorsed event; and
- Working in the entertainment industry.
Other than above two subclasses there are some minor changes on Subclass 400 Temporary Work (Short Stay Specialist) and Subclass 403 Temporary Work (International Relations)
Source: www.mia.org.au