Australia: Additional Reforms for Subclass 457 Visas Taking Effect September 14, 2009
Australia: Additional Reforms for Subclass 457 Visas Taking Effect September 14, 2009
Additional changes to Australia’s subclass 457 temporary worker program will take effect on September 14, including an elimination of the minimum validity period for subclass 457 visas, the ability to change employers without obtaining a new subclass 457 visa, the ability to change to subclass 457 status from within Australia, and new health insurance requirements for subclass 457 visa holders.
A variety of changes to the subclass 457 (Business (Long Stay)) visa category and other employer-sponsored temporary visas will take effect on September 14, 2009 under the Migration Legislation Amendment (Worker Protection) Act 2008. Australian authorities recently released additional regulatory changes that will also take effect that day.
Elimination of the Minimum Validity Period for Subclass 457 Visas
The three-month minimum validity period for subclass 457 visas will be eliminated. Subclass 457 visas will be available for any period up to four years.
Ability to Change Employers
Foreign nationals working in Australia with subclass 457 visas will be able to change employers without necessarily obtaining a new visa, provided the new employer is an approved subclass 457 sponsor and has obtained approval to fill the proposed position with a subclass 457 worker. It will be possible for a subclass 457 visa holder to retain his or her original expiration date when changing employers.
If a subclass 457 worker changes his or her position within the sponsoring employer to the extent that the occupational classification originally designated for the position changes, the employer will need to obtain a new approval to fill the position with a subclass 457 worker. These changes will apply to current and future subclass 457 workers.
New Health Insurance Requirements for Subclass 457 Visa Holders
In addition, sponsors will no longer be required to meet any hospital costs of 457 workers, but the foreign worker must provide the Australian authorities with evidence of “adequate arrangements” for health insurance while they are in Australia. The Australian government has yet to release details of what constitutes “adequate arrangements.” The new health insurance requirement will apply to all future subclass 457 visa sponsorships, but is likely not to apply to those with subclass 457 status as of September 14.
Ability to Obtain Subclass 457 Visa From Within Australia
Lastly, foreign nationals already in Australia, other than holders of transit or special purpose visas, will be permitted to apply for a subclass 457 visa from within Australia. Previously, foreign nationals could apply for a subclass 457 visa while in Australia only in limited circumstances.
This change will be of particular advantage to spouses or domestic partners holding temporary partner visas (subclass 820 or 826) who separate from their sponsoring spouse or partner, because they will be able to change their status to a subclass 457 visa without leaving Australia. The change will also allow foreign nationals to submit their applications from abroad and then travel to Australia on any visa (other than a transit or special purpose visa) while their application is being adjudicated. However, foreign nationals in these circumstances should not start working with the sponsoring employer until the subclass 457 visa is approved.
The content of this Alert is provided for information purposes only. If you have any questions regarding this alert, please do not hesitate to contact the immigration professional with whom you work at Fragomen in Australia.
Source: Fragomen
