Visa Options

[Mara]

I have seen this question asked so often, so I thought I would look up the information and post it here.

The following link, will tell you what is the minium that employers can pay an employee under the 457 visa.

http://www.immi.gov.au/skilled/skilled-wor...occupations.pdf

Then take note of the conditions attached to the salaries:

These salaries must not include:

• accommodation or rental assistance, board, upkeep, meals or entertainment

• incentives, bonuses or commissions

• shares or bonus shares

• travel, holidays, health care/insurance

• vehicles or vehicle allowances

• communications packages

• Living-Away-from-Home-Allowance

• superannuation contributions (either voluntary employee or compulsory employer contributions)

• any other non-salary benefits not included in the above, with the exception of Medicare benefits received as a fee for service by medical practitioners.

Hope this information is of use to some of you!

Mara

[Dedrei]

Ok the salary levels are different for regional areas. Please look at

http://www.immi.gov.au/skilled/skilled-wor...ty-regional.htm

Minimum salary levels

The wages or salary for the position must be at least equal to Australian awards and relevant Australian laws.

From 1 July 2006, the wages or salary for the position must also be at least equal to the minimum salary level that applies to regional concession arrangements. The minimum salary level will change each year. The minimum gross annual salary, based on a 38 hour week, is currently set at:

$51,570 for Information and Communication Technology occupations

$37,665 for all other gazetted occupations.

The minimum salary level represents a gross annual salary based on a 38 hour standard week and must not include:

salary sacrificing/packaging (forgo of wages or salary in lieu of non-cash benefits)

accommodation or rental assistance, board, upkeep, meals or entertainment

incentives, bonuses or commissions

shares or bonus shares

travel, holidays, health care/insurance

vehicles or vehicle allowances

communications packages

Living-Away-from-Home Allowance

superannuation contributions (either voluntary employee or compulsory employer contributions)

any other non-salary benefits not included in the above, with the exception of Medicare benefits received as a fee for service by medical practitioners.

[Ajay]

Probably the single biggest question that we get on the forum relates to the various types of visas that are available, and which would be the most suited.

I am going to try and write up some information on the two most common - the 457 and the 136 to help provide some guidance. Here is the first attempt!

Long Term Temporary Resident (Subclass 457)

This visa class allows Australian employers to sponsor temporary residence visas for foreign workers. There are three steps involved.

The employer is required to be an approved Business Sponsor (they can apply for this - it takes around 4 weeks for approval, provided they meet the criteria). At this time, they can request a specific number of visas.

Once approved as a Business Sponsor, the employer then has 2 years to allocate the approved visa spots to specific positions. So, they may use one to bring on a Developer, one for a Sales Professional, one for a Recruiter, etc. Provided the position is listed in the ASCO listings (see link below for these) there should be no problem with this. This process is called the Nomination. At the same time, they can specify that they have already identified the person that they would like to fill the role.

The third step is the Visa Application, where the employee applies for the nominated visa position. If the employee meets the criteria specified in the nomination, is under the age of 45, and has a clear medical check, then the visa should be issued.

Pros

It's quick! Once an employer is an approved Business Sponsor, then the actual nomination and application process can take as little as 2 weeks, although more often than not, it takes around 4-6 weeks. Many companies (like mine) apply for multiple visas every two years, so that they can move quickly once a candidate has been identified. This is why we always stress that you should go ahead and apply for positions on websites, even though they say only residents can apply. Many, if not most, of the bigger companies, are already approved sponsors.

Immediate Family, ie spouse/partner and dependant children can accompany the primary sponsor and have unrestricted work rights.

No Points System! Visas are granted on the basis of the visa applicant being suited to the position. For those with no tertiary education, this is a godsend.

Pathway to Permanent Residence!. The Employer Nomination Scheme (ENS) allows employers to sponsor their 457 temporary residents for Permanent Residency after the have worked in Australia on a fulltime basis for 2 years, and have been with the sponsoring employer for at least the last 12 months. ENS also has no points system, and provided that you pass the medical and character checks, the process can again be quick (anything from 6 weeks to 6 months).

Cons

Work Restrictions! The 457 visa restricts you from working for anyone other than the sponsoring employer. If you leave them, you need to find another employer that is willing to sponsor you, or else leave the country. Because you need 2 years employment under the same code for ENS, you'll also need to make sure that your new employer uses the same code. However, it is a relatively simple process to move, and if you have good skills, then companies are often happy to become your sponsor. I have personally changed employers since arriving last year in November, and there was no problem with it. 4 of my colleagues at my previous company have also all moved on to new sponsors.

A 457 visa grants Temporary Residence only. This means that you will not have access to state benefits like Medicare or Family Assistance / other Social Security benefits. In some states, temporary residents are required to pay School Fees, even in public school. In NSW, these fees are $4500-$5000 per child per annum.

The whole feeling of only being Temporary can feel quite unsettling. However, at the end of the day, 2 years can go by at a rapid speed and you will be eligible to apply for ENS sooner than you think!

In summary, the 457 is a great option if you don't qualify on the points system, or want to move quickly. Although it can be soul destroying to continously apply for positions and be rejected on the basis of residency, keep at it! There are many of us on the forum (and many of the Hosts) that have secured our visas in this way.

If at all possible, identify the big employers in your field and approach them directly. If they are prepared to consider sponsorship, and if you can afford it, try to come out for a week and meet with them personally. My sister and her husband did this and both got job offers, with sponsorships, as a result. It's worth it if you can afford it.

I will try to put together something similar for the 136 (Skilled Independant Visa) in the next month or so. Meantime, I hope this answers at least a couple of questions.

Here's a link to the ASCO Codes.

http://www.abs.gov.au/Ausstats/abs@.nsf/66...35?opendocument

Cheers

Ajay

[WannaB Ozzie]

Thanks Ajay!

[hDt]

employers sponsoring you on a 457, what does that 'sponsoring' entail? do they contribute in any ways to your relocation, visa costs etc?

[Ajay]

Hi hDT,

The sponsoring is an undertaking by the employer to employ the visa applicant. It doesn't refer to costs, relocation assistance etc. All of these issues should be negotiated with the employer directly.

Cheers

AJay

[Sam]

Also see number 7 on this thread and this one for additional info on the sponsored 457 visa.

Sam

[aniena]

Thank you Ajay - helps alot !!!

[WannaB Ozzie]

Any-one,

If you're granted visa and then apply for PR in due time after living and working in Oz, what are your chances of not getting PR?

Thanks for the help.

[bleskop]

Probably the single biggest question that we get on the forum relates to the various types of visas that are available, and which would be the most suited.

I am going to try and write up some information on the two most common - the 457 and the 136 to help provide some guidance. Here is the first attempt!

Long Term Temporary Resident (Subclass 457)

This visa class allows Australian employers to sponsor temporary residence visas for foreign workers. There are three steps involved.

The employer is required to be an approved Business Sponsor (they can apply for this - it takes around 4 weeks for approval, provided they meet the criteria). At this time, they can request a specific number of visas.

Once approved as a Business Sponsor, the employer then has 2 years to allocate the approved visa spots to specific positions. So, they may use one to bring on a Developer, one for a Sales Professional, one for a Recruiter, etc. Provided the position is listed in the ASCO listings (see link below for these) there should be no problem with this. This process is called the Nomination. At the same time, they can specify that they have already identified the person that they would like to fill the role.

The third step is the Visa Application, where the employee applies for the nominated visa position. If the employee meets the criteria specified in the nomination, is under the age of 45, and has a clear medical check, then the visa should be issued.

Pros

It's quick! Once an employer is an approved Business Sponsor, then the actual nomination and application process can take as little as 2 weeks, although more often than not, it takes around 4-6 weeks. Many companies (like mine) apply for multiple visas every two years, so that they can move quickly once a candidate has been identified. This is why we always stress that you should go ahead and apply for positions on websites, even though they say only residents can apply. Many, if not most, of the bigger companies, are already approved sponsors.

Immediate Family, ie spouse/partner and dependant children can accompany the primary sponsor and have unrestricted work rights.

No Points System! Visas are granted on the basis of the visa applicant being suited to the position. For those with no tertiary education, this is a godsend.

Pathway to Permanent Residence!. The Employer Nomination Scheme (ENS) allows employers to sponsor their 457 temporary residents for Permanent Residency after the have worked in Australia on a fulltime basis for 2 years, and have been with the sponsoring employer for at least the last 12 months. ENS also has no points system, and provided that you pass the medical and character checks, the process can again be quick (anything from 6 weeks to 6 months).

Cons

Work Restrictions! The 457 visa restricts you from working for anyone other than the sponsoring employer. If you leave them, you need to find another employer that is willing to sponsor you, or else leave the country. Because you need 2 years employment under the same code for ENS, you'll also need to make sure that your new employer uses the same code. However, it is a relatively simple process to move, and if you have good skills, then companies are often happy to become your sponsor. I have personally changed employers since arriving last year in November, and there was no problem with it. 4 of my colleagues at my previous company have also all moved on to new sponsors.

A 457 visa grants Temporary Residence only. This means that you will not have access to state benefits like Medicare or Family Assistance / other Social Security benefits. In some states, temporary residents are required to pay School Fees, even in public school. In NSW, these fees are $4500-$5000 per child per annum.

The whole feeling of only being Temporary can feel quite unsettling. However, at the end of the day, 2 years can go by at a rapid speed and you will be eligible to apply for ENS sooner than you think!

In summary, the 457 is a great option if you don't qualify on the points system, or want to move quickly. Although it can be soul destroying to continously apply for positions and be rejected on the basis of residency, keep at it! There are many of us on the forum (and many of the Hosts) that have secured our visas in this way.

If at all possible, identify the big employers in your field and approach them directly. If they are prepared to consider sponsorship, and if you can afford it, try to come out for a week and meet with them personally. My sister and her husband did this and both got job offers, with sponsorships, as a result. It's worth it if you can afford it.

I will try to put together something similar for the 136 (Skilled Independant Visa) in the next month or so. Meantime, I hope this answers at least a couple of questions.

Here's a link to the ASCO Codes.

http://www.abs.gov.au/Ausstats/abs@.nsf/66...35?opendocument

Cheers

Ajay

Thanks sooooo much for that encouraging info. It is rather overwhelming, to say the least! All this information and from so many different 'corners' and all varied!

I have been applying on a daily basis and rejected because of the residency 'issues', was starting to loose heart. But thanks to your input, I will continue this process..

Thanks a million!

By the way, can ANYONE advice on a reliable immigration agent in Cape Town???? Heeeeeelp!

Much appreciated

Bleskop

[Lourens]

Hi Ajay,

I'd like to commenty on one of the Cons you listed: I am also on my way to relocate to Adelaide (will hopefully arrive soon!), and I was very concerned about the matter of having to pay between $4000 and $7000 per child per annum for public schooling. However, I went straight to the "source" and enquired about this matter from the South Australian Education Dept, which informed me via email that these fees are only applicable to 456 visa holders. The 457 visa entitles you to the same annual fees as the locals.

For what it's worth

Cheers,

Lourens

[Ajay]

Hi Lourens,

Ooops - sorry for the late response - I missed your post!

The school fees differ from state to state. Unfortunately, in NSW, 457 visa holders have to cough up I'm thrilled that it's different in Adelaide!

Thanks for pointing it out

Ajay

[LiezelM]

Hi Ajay

Please can you help me? I am so frustrated! I am going on a 457 visa (I got the job 6 weeks ago already, but it took the company time to get their paperwork together), and am going to do an online application. The company has applied to be a sponsor, and also applied for the nomination a week ago. I'm not sure whether they have done this online or by mail etc, but they say they have not received a Transaction Reference Number yet, and I need this number before I can apply for my visa.

I'm supposed to go over to Aus beginning of April, but am now scared that I won't have my visa then. Do you know how long it takes for the company to get a TRN #, or when they will know that their applications have been approved (how long does that take?). Once I have this, and I submit my visa application, how long will that take?

I've seen on the forum that some waited 4-6 weeks, but I have friends who waited 8 weeks (this was before the Christmas period though, don't know if this will have an effect?). I need to go back to SA before I fly to Aus, but am not sure when to book the flights, the cats etc and everything else. At this stage, we are flying on my husband's Voyager miles, and you know how they don't always have seats available, but they do beginning of April...

Could somebody please help me

Thanks

Liezel

Edited February 12, 2007 by LiezelM

[Nilo]

Hi Lourens,

Ooops - sorry for the late response - I missed your post!

The school fees differ from state to state. Unfortunately, in NSW, 457 visa holders have to cough up I'm thrilled that it's different in Adelaide!

Thanks for pointing it out

Ajay

Hi Lourens,

Ooops - sorry for the late response - I missed your post!

The school fees differ from state to state. Unfortunately, in NSW, 457 visa holders have to cough up I'm thrilled that it's different in Adelaide!

Thanks for pointing it out

Ajay

[Camper]

Any idea on WA, might pay us to wait for PR. 2 kids paying full fees when you land with rands is a lot of money.

Do you pay full fees in WA on a 457 visa?

Regards

Camper

[JacquesV]

Thanks sooooo much for that encouraging info. It is rather overwhelming, to say the least! All this information and from so many different 'corners' and all varied!

I have been applying on a daily basis and rejected because of the residency 'issues', was starting to loose heart. But thanks to your input, I will continue this process..

Thanks a million!

By the way, can ANYONE advice on a reliable immigration agent in Cape Town???? Heeeeeelp!

Much appreciated

Bleskop

Hi Bleskop,

Have you managed to find an agent in Cape Town? I'm also desperate to chat to someone to get all the finer details and choices.

Regards

Jacques

[Dreamcatcher]

Any idea on WA, might pay us to wait for PR. 2 kids paying full fees when you land with rands is a lot of money.

Do you pay full fees in WA on a 457 visa?

Regards

Camper

Hi Camper,

No, you don't pay full fees in WA when your children go to state schools and you are on a 457. I have 1 in High School and 2 in Primary, and it costs me $30 each for Primary School and $125 for High School for the year. This amount wil vary from school to school, and High School fees vary according to subjects taken.

Greetings,

Dreamy

[Tiepie]

Hi Ajay

It is not true that you have to wait two years before you can apply for ENS PR when you are on 457. Here is the answer I received directly from an Australian immigration officer in that regard:

"You do not have to spend any period of time in Australia in order to make

an ENS application. Providing you meet all of the eligibility criteria for

the visa, you can lodge your application as soon as you like. The two

years refer to those applicants who do not have their skills recognised in

Australia."

As long as you can register your skills with a professional body in Australia, you can get your business to apply to sponsor you on ENS as soon as you landed.

Regards

Tiepie

[Guest wilna]

Hi

Ek wil net weet. as jy aansoek doen deur jou werk vir die ENS PR, is dit dan nog nodig om die IELTS toetse te doen?

Bietjie bang vir eng. toese

Groete Wilna

[joe]

oooooo Keep the good news coming.

I did not want to read this 457 story as i am hopefully one day going with it and the possibility of me not going was terrifying.

Well you just gave me hope-Thanks

I think i will be the first one to apply for PR the day i land.

[Rodz]

Hi

I got offered a job yesterday on the 457 sponsorship. I read a document on this 457 visa where the employer has to pay for your plane tickets and accomodation for 3 months. How much truth is there in that?

Will i need my passport when i do the online application as well? I still have to have my qualifications assessed as i have been begging my previous employers for nearly 3 weeks for my references.

Am i gonna have problems time wise?

[KimH]

Hi Ajay

I was wondering if you could please do another fabulous summary of the 136 visa as you did with the 457.

I am about to be admitted as an attorney and not sure whether to go over on a 457 (if I can find sponsorship) or a 136 visa. There is already so much paperwork involved in converting my degree, I am very tempted to take what seems the easier route of a 457 than go through the hassle of applying for the 136.

Anything you can add will be extremely helpful!

Thanks

K

[Ninaricci46]

Hi there

I am coming up for my 12 months with this Company and I know for a fact that I will stay with this Company for more than the required 4 years. Any idea on which forms to complete? Reading the website is so confusing and to get to the ENS Scheme, I have no clue (neither does my boss) which forms to fill out. I have spoken to my case worker and she keeps referring me back to the website.

If anyone has been through this before and know the number of the form, please reply to me.

I got my 457 in 4 days due to the specialist position I am filling, but now I need to move forward.

No ways I am going back, not even for a 136 Visa.

I have spent more than $80,000 AUD thusfar to get where I am, I am scrapped from the RSA Govt list, medical and SAPS clearance handed in already, all clear. I do not need the IELTS test or any of the other, just the forms to be filled out and for my Employer to write the motivation.

[JacquesV]

Hi Guys,

I've been looking on the ACS and www.immi.gov.au and can't seem to get a clear picture of how far back my references should go on an IT diploma?

I'm currently wrapping up my diploma (will be done the end of this year) which I started in '95. LONG story but boiled down to me being young and immature back in the day and dropping out after my 3rd year with 2 subjects outstanding. Anyways the varsity allowed me to complete the diploma and I have to redo 7 subjects.

I'm not sure how that's going to affect my situation when doing the skills recognition? Would I have to do RPL seeing as I only get the diploma the end of this year even though I started it in 95? And how long back references would I need to give?

Ciao ciao

J

[Fiona]

Hi Jacques,

If you have not completed your diploma at the time of applying for a skills assessment with ACS, you will either need an MCSE plus 6 years equivalent IT experience at a professional level, or if you don't have MCSE, you will have to apply under RPL. If you complete your diploma before applying for the skills assessment, you will be able to apply under Group B if the diploma is considered comparable to an Australian AQF diploma and the content is at least 50% ICT-related.

Regards,

Fiona Carre

Registered Migration Agent

Gold Coast, Australia