Tuesday, May 5, 2020

Visa 457 in Australia Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Importance Visa 457 in Australia. Answer: Introduction The 457 Visa is the common visa in Australia, which provide employers to work in the country in temporary basis. It is actually temporary work visa where employees can work up to four years. The Australian Government sponsors the visa. The 457 visa holders are get upto four years of work permit but nowadays, some new company issuing the the visa permits for 19 months , then in future they can renewed the visa period. The 457 visa is applicable to those workers by the Department of Immigration and Border Protection (DIBP). As per the visa rules the employee can bring his family members where they can work and study in the Australia as per the 457 visa rules (Border.gov.au, 2017). Therefore, the employers who are under the primary sub clause 457-visa process, they have no rights to work under company those are not related with the Corporation Act. The normal visa holders have rights to travel in Australia, as much time they are needed to come(Border.gov.au, 2017). Approval of visa The person who will have the permits of 457 visa have to provide the proves of his employments. The visa holder must have an approved business sponsored or an agreement of having the employment. A 457-visa holder cannot pay less than the Temporary Skilled Migration Income Threshold (TSMIT) recently publishes the amount of $53,900(Border.gov.au, 2017). The visa holder must have an approved business sponsored or an agreement of having the employment. A 457-visa holder cannot pay less than the Temporary Skilled Migration Income Threshold (TSMIT) recently publishes the amount of $53,900(Border.gov.au, 2017). It is the most common and easy way to get any visa through working under any company or any business purpose (Birrell and Healy 2016). In between two years if the Australian government may change any of the visa policy then that person may not be able to stay in the Australia under the rule of ENS . in ENS policy if any changes require in visa policy , then that person who have the employment under any company , the council of the state can cancel the visa process and he may sent to his country (Australia 2013) . The residency process also can prohibit for the reason in of changes in visa (Border.gov.au, 2017). Rules for the employee For completing the policy under the ENS the Temporary Residence Transition Stream have made some rules for the employer. The person or the employee must work under the company at least 35 hours in every week. For staying in Australia or doing any job means that employee have to follow the rules in the office as per the Australian government. The person must hold the 457 visa when he employed in the office. The employee have the approve documents under Department of Immigration and Border Protection (DIBP). The employers who are holder of 457-visa holder must hold a certain position in the company. They also need to submit some heath certificate to the DIBP. The employee must ensure that their salary rate must match with the salary rate as per the Australian government. The employee can claim the same salary rate as per the salary rate of that position in Australia. The employee must work under the employer only or the sponsored. The post that they are having they only work as per that. An employee can work only for the nominated roles. The employee must have the knowledge of Basic English. At time f apply for the visa it is important to clear test of the TRT Stream. The employee who was minister in his region, they do not have any obligation of apply for the 457 visa. They must hold health insurance coverage as per the rules of the Australian government. Without the health insurance, the Department of Immigration can cancel the 457 visa. In case if the employee is changing the company or sponsor, he must inform the Department of Immigration (News, 2017). In changing the post, means if the company upgrade the post of the employee then it is duty of the company to inform Department of Immigration. They must have the holders of the proper license and registration in the membership of the visa process. Application of visa First, the employee needs to approve his 457-visa sponsor then he can only apply to the next level of visa nomination under the 457-visa process. When the Temporary Residence Transition Stream allows the sponsor, then he can get the access of the residency in the Australia (Australia 2013). As per the rules of 457-visa procedure, the employee can get a confirmation of residency and may settle down in Australia as citizen of that country. If the old visa time has expired then the employee must apply again for the further visa process (News, 2017). Alternate process of getting permanent residency The employees who want a permanent residency in Australia, the sponsor can help him to get that permission under the Department of Immigration. Is this matter, the employee can apply the visa under 186 or 187 visa process. Before the permanent residency, the employee must complete two years of employment in Australia then he can apply to the Temporary Residence Transition stream with the help of the sponsor or the company under the 186 and 187-visa process. There is another way to get the permanent residency without completing the two years of visa process (OBrien and Phillips 2015). The employees of 457 visa holders can also apply the permanent residency process as per the Direct Entry stream by the rules of Australian Government. For this matter, the employee must follow the Subclass 189 or 190-visa process. The Skilled Independent visa or visa 189 provides the visa as per the interest of the employee where they include their qualification, personal details and the previous employm ent history. The occupation those are include in Skill Occupation List, only those employee who fulfill the terms only eligible to apply under the 189 visa process. For 190-visa process, the employee must collect the sponsorship by the Australian State or territory government where they can apply that. In this visa process, the employee will only give their commitments of work to the territory government for at least two years. Many occupations are listed under the 190-visa process. In both sectors, the employee can change their employment without any disturbances (News, 2017). The sponsored and the visa applicant have some duties for applying the 457 visa. In the visa process the employee who want the 457 visa must have the basic knowledge of English and the working skills for the purposes he get the job in Australia. The employee must have a proper health insurance, which proves any healthcare to his family member at time when they are staying in the Australia. In first stage, the visa does not provide any permanent residency. In the meanwhile, if the employer wants to terminate the employee then he can give the information to the Department of Immigration where the visa can be cancelled. In such cases, the Department of Immigration will warn the employee and give him at least 90 days to find another job or sponsor for renewing the visa or else they have to leave the country as per the rules of Australia government (Phillips and Simon 2014). The employer can also cancel the 457 visa if he needs to go back to his home country. They can inform the Department of Immigration for cancelling the visa process. Before cancelling the visa, the employee must cancel the health insurance, which covers the heath issues in Australia. Now, in Australia the Department of Immigration continues changing the visa process. They claim that it is important to change the orders for the protection issues of the country. The government gives orders to change the rules in visa processing. The employee do not have any proper documents of visa or if they did not apply to the proper department of visa, then it will treated as an offence under the Migration Act 1958 (Cth). Restriction under the visa process The 457-visa holder only work as per the occupation that have provided to them. For the doctors or managers have no problems work in any place where the sponsor or the company provide. Here, they can only work for the employer or the sponsor. The rules are applicable only as per the Australian government. Up gradation of visa process The process of 457-visa always changed for the protocol about the protection of the country. The Australian government modified the visa as how worldwide change the visa process. On July 2012, the Australian government changes the process for the permanent residency employees. Advantages of Visa 457 The 457 visa allows workers who are competent to live in Australia along with their family members. The applicants either themselves find their employer of the employers approach them for work. The employer has to sponsor the employees to evidence that the employee is genuine. A registered migration agent assists the person who wants to work in Australia holding 457 visa (Campbell and Tham 2014). The employers who shall be sponsoring the visa of their employees need approval by their business sponsor. After getting an approved business sponsor, the visa applicants can apply for 457 visas depending on the nomination of their employer (Australia 2013). The following are the advantages that 457 visa has when granted: The 457 visa can be submitted very quickly and in a very short span of time, sometimes in a day or two. Additionally, Sponsorship and Nomination applications can also be submitted along with the application of visa. Huge advantages are given to the applicant who is already a resident of Australia if there visa is on the verge of expiring soon or if an employer is very desperate for the given employee (Hollifield, Martin and Orrenius 2014). The visas can be issued very quickly. Of all the other visas, this visa is processed at its earliest ideally between two to six weeks. The time is also inclusive of Nomination and Sponsorship approval. The nominees in Australia are sometimes granted a bridging visa to stay until their visa is approved. Applicants who reside outside Australia are granted 457 visas ideally within two to six weeks and this helps them to travel to Australia and start their employment with their employer at Australia. For obtaining approval of the given visa, applicants do not need to possess formal qualifications for the same. The visa takes into consideration past work experience as an evidence that the applicant has skills required for the vacant position. The given visa is cheaper to apply as compared to other Australian visa. The visa is very less expensive and affordable to people belonging to all classes. The 457 visa remains valid for four years after the time it has been granted and the occupatio n of the given person is listed on the medium and Long-term strategic skilled list. The applicants are allowed to work in Australia for a defined period and allow bringing their family members to work or study in Australia very easily. The visa also allowed the applicant for travel in and out of Australia as and when needed by the applicant (Powell, Weber and Pickering 2013). Disadvantage of 457 Visa The basic disadvantage in visa 457 is the employees who get visa through the sponsor or the company they are controlled by them. Therefore, if any situation arises that the company terminate the employee then the company can cancel the visa through immigration department. It will create a huge disadvantage for the employee. The company also terminates the employee if they are failed to perform as par the requirement of them. It will affect the visa holders (Powell, Weber and Pickering 2013). References Australia, M.C., 2013. More than temporary: Australia's 457 visa program. Migration Council Australia. Birrell, B. and Healy, E., 2016. Globalization, Immigration Policy, and Youth Employment in Australia. InCreating Social Cohesion in an Interdependent World(pp. 263-280). Palgrave Macmillan US. Border.gov.au. (2017). Temporary Work (Skilled) visa (subclass 457). [online] Available at: https://www.border.gov.au/Trav/Visa-1/457- [Accessed 3 May 2017]. Breen, F., 2016. Australian Immigration Policy in Practice: a case study of skill recognition and qualification transferability amongst Irish 457 visa holders.Australian Geographer,47(4), pp.491-509. Campbell, I. and Tham, J.C., 2014. Labour market deregulation and temporary migrant labour schemes: An analysis of the 457 visa program. Campbell, I. and Tham, J.C., 2014. Labour market deregulation and temporary migrant labour schemes: An analysis of the 457 visa program. Hollifield, J., Martin, P. and Orrenius, P., 2014. Controlling immigration: A global perspective. Stanford University Press. Jepsen, D., Knox-Haly, M. and Townsend, D., 2015. Recruitment practices in Australia: A review and comparative research agenda.Employment Relations Record,15(2), p.5. News. (2017). At-a-glance: 457 visa holders in Australia. [online] Available at: https://www.sbs.com.au/news/article/2013/06/27/glance-457-visa-holders-australia [Accessed 3 May 2017]. OBrien, P. and Phillips, M., 2015. Health care justice for temporary migrant workers on 457 visas in Australia: a case study of internationally qualified nurses.Journal of law and medicine,22(March), pp.550-567. Phillips, J. and Simon-Davies, J., 2014.Migration to Australia: a quick guide to the statistics. Powell, R., Weber, L. and Pickering, S., 2013. Counting and accounting for deaths in Australian immigration custody. Homicide studies, 17(4), pp.391-417. Robertson, S., 2014. Time and temporary migration: The case of temporary graduate workers and working holiday makers in Australia.Journal of Ethnic and Migration Studies,40(12), pp.1915-1933. Rosewarne, S., 2014. Free trade agreements, temporary labour migration and the erosion of employment standards.Australian Options, (79), p.9.

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