Business or Visitor..


The best business visa to obtain to come to Australia for general business, a visit or to look for employment is the subclass 601 visa. 

To make it easy to understand an ETA allows you to enter Australia for up to 3 months at a time as a tourist or a visitor on business purposes. 


Business visitor activities can include:  

- General business or employment queries

- investigating, negotiating and dealing with business contracts

- Tasks carried out as part of official government to government visits 

- Participating in conferences, meetings, seminars etc as long as you are not paid by the organisers for your participation


Before you apply, you need to know that if you are granted an ETA, any other visas that you do hold could be affected by this ETA. For current ETA holders the subclass 601 has replaced Electronic Travel Authority subclass (976), Electronic Travel Authority Business Entrant - Short Validity, subclass (977) and Electronic Travel Authority Business Entrant - Long Validity subclass (956).  

If you hold one of these previous ETA'S already then it will be valid until the expiry date you were given. If you apply for and are granted a new ETA the earlier one will end and the new one will be valid as soon as it has been granted. With your passport, if you plan to get a new passport, you should do this before you apply for your ETA. Your ETA is linked to the passport number you use in the application and you must use the same passport to travel to Australia. 

There is no cost for the ETA application, however, there is a service charge of AUD20 which applies for online applications only. 

Looking to stay longer than 3 months? 

If you are looking to stay longer than 3 months and wish to work there are other visas that may be more suitable for you. If you are 30 years or under the other visa to consider is the 417 or 462 working holiday visa. The 417 and 462 visas allow you to stay in Australia for up to 12 months, work in Australia for up to six months with each employer, study for up to 4 months and leave/re-enter Australia for any number of times while the visa is still valid.

If you are looking for a more permanent work visa the 457 may also be another option for you to consider. A 457 visa allows you to work in Australia for up to 4 years, bring your family to work or study in Australia as often as you want, however please note that this is a sponsored visa which means that your employer must either become an approved sponsor or nominate you for a position. 

source:www.border.gov.au 


IT Specialists Migrating To Australia


We were recently asked what kind of problems IT specialists should expect when migrating to Australia. The below explanation can be applied not only to IT but across multiple industries when looking to migrate to Australia. Each case depends on your individual circumstances as well as your eligibility to obtain an Australian visa. 

The first step before making the move is to ensure that you are eligible to apply for a visa that will enable you to live and work in Australia.  Below are two options to consider: 

1)  Employer Sponsored Visa - This requires you to either be sponsored directly by the company who has offered you a job or through a surrogate employer or a contractor management company that has an on-hire agreement with the government to sponsor individuals with your skills


2)  General Skilled Migration Stream via SkillSelect - In order to apply, your occupation must be listed on Schedule 1 of the Consolidated Skills Occupation list, and you must also meet all other eligibility requirements https://www.border.gov.au/Busi/Empl/skillselect 

The route you choose really depends on your visa eligibility as well as your future plans. You can also look at an app called MyMigrationAustralia, which allows you to asses whether you could be eligible for a 457 visa or Permanent Residency visa. 

Once you have determined the best  visa for your circumstances, you will need to find employment in Australia. Finding a job in Australia can be difficult for non-residents, especially if you don't get the right advice and help. 

If you are having difficulty, a company called Skills 2 Oz may be able to assist. They help job seekers from all around the world get jobs in Australia. Here you are not competing directly with Australian residents and you will find all the information you need to be prepared for the Australian market. They can also help you with advice and additional qualifications that will help you to succeed in the Australian job market. 

The employers that advertise jobs with Skills 2 Oz, offer a variety of jobs including temporary roles in Call Centers, Administration, Engineering, Construction and many more. 

Alternatively, these are some of the key website's to look for jobs in Australia... 

www.seek.com

www.careerone.com.au 

www.jobseeker.com.au

www.jobsearch.com.au 

www.mycareer.com.au    


457 Visa - freedom to work wherever you want


There is a lot of confusion surrounding the rules of the 457 visa, as a migration company, Oz Migration get a lot of enquiries regarding its limitations. One thing we’re asked on several occasions is, “can I work for whoever I want?”... 

In theory, yes, the 457 visa can allow you to work wherever you like, you are free to apply and work for any Australian company that is willing to become your sponsor, you can even change jobs just like any Australian Permanent resident or citizen.

In fact, the Human Resource (HR) law of Australia is applicable to 457 visa holders, therefore you must be treated in accordance with the Australian HR laws, but also abide by the immigration rules set around 457 employment.

Basically, there are two parts to the sponsorship, one is the entity that wants to sponsor you - it has to get an agreement with the Department of Immigration and can apply to sponsor you. The sponsoring entity does not hold your 457 visa, you hold your 457 visa approval, and you can have that approval moved to another sponsor at any time without the permission of your existing sponsor.

The entity sponsoring you for your 457 visa cannot hold you back to stay with them, nor can they threaten you with being kicked out of the country, they can however cancel their sponsorship. In which case you will have 90 days to find a new company to sponsor and employ you. You are free to move to another employer as long as you acquire another sponsor for your 457 and do not work outside the skill set you have been/can be sponsored under.

The Immigration Department wants this visa to allow skilled individuals to be able to stay and move around if they can find further work; they want to keep the skill in Australia. That’s why they allow 90 days for you to find further work if your current employment ceases or if you are not happy working where you are, you have 90 days to find another sponsor.

In some cases, you can work through an approved 457 on-hire company; this automatically allows you more free movement around jobs, as well as allowing you to change on-hire companies.

For more information contact us at info@ozmigration.net.au. In the meantime, enjoy working in Australia.

Australia: working without company sponsorship


Many individuals thinking of migrating to Australia do a lot of research regarding the conditions, rules, forms, tests, eligibility skills list and other issues around the Australian visas. This can sometimes get understandably overwhelming, in which case we get enquiries asking whether it’s possible to settle down in Australia without sponsorship from an Australian company.

To answer the question, yes it is possible to settle down and work in Australia permanently without employer sponsorship, as long as you are able to meet eligibility requirements for the General Skilled Migration scheme via Skills Select.

Another route could be an Australian Working Holiday visa; however, this visa only allows you to work with one employer for six months and only allows you to stay in Australia for a maximum of 12 months (2 years if you spend 3 months out on a farm etc.)

Alternatively, you can live and work in Australia through an employer based sponsorship such as the Subclass 457 visa. To obtain this visa, you will need to either be sponsored directly by the company who has offered the job, or through a surrogate/umbrella/contractor management company that has an on-hire agreement with the government to sponsor individuals with your skills.

The route you choose really depends on your future plans. If you have any further enquiries please contact us as info@ozmigration.net.au.

What you need to know about moving from a Working Holiday Visa to a 457 Visa


For those visiting Australia on a 417 (Working Holiday) or a 462 (Work & Holiday) visa that are planning on extending your stay... it’s in your best interest to acquire a 457 Australian Visa. Due to the rules associated with the 417/462 visa: only allowing you to work in Australia for a maximum of 6 months with each employer and stay for a maximum of 12 months, (24 months if you have worked for 3 months in specified work in regional Australia) moving to the 457 Visa will allow you to stay in Australia for another 4 years.

Many 417/462 visa holders often look to this option once they've made the decision to live & work in Australia longer than their current visa allows them to. However, what most potential 457 holders do not take into consideration is the amount of time it takes for a visa application to be processed. It is important for all holders of the Working Holiday Visas to be mindful of the time involved in this process and to understand that it can be a long time before they are approved to bridge to the 457 Visa. Many assume that a lodgement of a Subclass 457 visa means they will be able to continue working past the 6 month period, this is incorrect!

Before applying for the 457 Visa you need to make sure you qualify... To do this you can use a variety of sources, such as; the Government Website Page or speaking to a qualified migration agent.

As an migration company we get countless enquiries from individuals with only weeks left on their 417/462 visa period and are hoping to extend their stay by acquiring the 457. In most circumstances, unless the application is submitted with enough time for it to be approved before their work period has expired; they’re legally not allowed to work in Australia.

Should you find yourself in this situation, you need to cease working until your Subclass 457 visa has been approved, or you can obtain permission from the Department of Immigration and Border Protection for an extension to your 6 month work limitation – this extension can only be submitted after the 457 visa has been lodged and can sometimes take longer than the visa to be processed. 

There is also such thing as a ‘bridging visa’ however this offers no immediate assistance and still requires a long waiting period. Due to the bridging visa, which is issued on the lodgement of the 457 visa application, should someone’s 417/462 visa expire whilst their 457 visa is pending, they will be able to remain onshore during processing AND be able to continue working for the same employer for a further 6 month period.

In order to avoid all these additional hassles such as; the bridging visa & visa extensions – simply submit your application with sufficient time for processing. It is important that everyone understands the strict rules around the 6 month work limitation, and it is important to note that working for longer than 6 months with the same organisation is NOT permitted.  It is recommended for applicants who do not wish to cease employment whilst waiting for their 457 to be approved - that the application for the 457 visa is lodged at least 2 months before the work limitation comes into effect . Any breach of this condition could have an impact on your pending 457 application and possibly any future Permanent residency visa applications.


*Please note that the above advice may not be applicable to everyone and we recommend all individuals speak to and liaise with a registered migration agent to seek appropriate advice which is relevant to their particular situation.*

Nurses looking to work in Australia on a 457 visa


We've recently been asked about the rules and regulations revolving nurses who wish to come to Australia on a 457 visa and what’s involved in the process.

In order to sponsor Nurses on 457 visas, the usual 457 visa process is followed, however, there are extra registration and licensing requirements. If you’re an overseas nurse looking to come to Australia, you must first be registered in your home country as a nurse, and then you need to apply for Australian licensing via Australian Health Practitioner Registration Agency (AHPRA). Find the AHPRA online here: www.ahpra.gov.au

Prior to submitting the 457 application, it is essential that you go through the AHPRA’s registration process as the Australian registration is required before the 457 visa can be granted. The registration process assesses your skills and qualifications and makes an assessment as to whether you meet the Australian nursing standards.

In addition, they will also have to have relevant educational qualifications in order to meet the skill requirement for this visa.

Australian 457 Visa: the difference between a Standard Business Sponsorship & Labour On-Hire Sponsorship


As a company which assists individuals seeking to obtain 457 visa sponsorship in Australia, we constantly see confusion regarding the features, benefits and differences between the two ways of obtaining 457 visa sponsorship. These two avenues are; Standard Business Sponsorship a Labour On-Hire Sponsorship.

The main difference between both is that the visa holder is either sponsored directly by a
company they are providing the services for (Standard Business Sponsor) or via a third party (Labour On-Hire Sponsorship). There are advantages and disadvantages with both, which may influence your decision to chose one avenue of sponsorship over another.

Through securing and maintaining a Labour Hire Agreement with the Department of Immigration and Citizenship Australian, provides the on-hire industry with a clear pathway for the recruitment and contracting of skilled overseas workers. on-hire firms seek to attract and contract overseas workers to on-hire out to unrelated businesses. The labour agreement

When applying for a 457 visa, the on-hire company must meet the same requirements as a Standard Business Sponsor. If you maintain sponsorship through an on-hire company, although on-hire companies are a surrogate employer, you can only be paid directly by the sponsoring (on-hire) company.


Advantage and Disadvantage of a Standard Business Sponsorship:
Advantage: With Standard Business Sponsorship, you have access to opportunities for Employer Nominated Sponsorship (ENS) for Permanent Residency.
Disadvantage: While sponsored through Standard Business Sponsorship you remain restricted to one employer/ role and need to find a new company to sponsor you if you want to move – essentially, you may need to go through the whole visa process again.

Advantage and Disadvantage of a Labour On-Hire Sponsorship:
Advantage: Labour On-Hire Sponsorship provides flexibility with options for permanent or contract based work. You can work on various projects at different sites within your sponsored classification while maintaining sponsorship through an On-hire Firm. On-hire agreements give you flexibility to change jobs without having to apply for/renew your 457 visa. 
(A lot of Labour On-Hire’s also provide salary packaging options – that allows a visa holder to maximise their take home pay through deductable expenses and allowances.)
Disadvantage: At present, although this is being challenged, you cannot apply for Permanent Residency under the Employee Nomination Scheme (ENS).


Whether an individual elects to secure visa sponsorship through Standard Business Sponsorship or visa a Labour On-Hire is entirely up to them and their individual circumstances. It is important for individuals to consider all options before making a decision when it comes to what route of sponsorship that they want to take. There are other facets to making this decision, if you have any further questions please contact us at info@ozmigration.net.au.

Skilled Nomination Visa (Subclass 190) – "What are the limitations when applying?"...


As migration experts, we are bombarded with enquires on a daily basis, this week we were asked “are there any limitations when applying for the I-90 under the skilled migration in certain states?"...


Like most visa’s, there are a lot of requirements which need to be met in order to qualify. In the case of the Skilled Nomination Visa (Subclass190) if you were to try and attain this visa you will need to meet the Department of Immigration and Border Security’s (DIBP) visa eligibility requirements in addition to the individual state/territory sponsorship requirements, (these requirements are imposed by the state they are requesting sponsorship from).


Each state/territory has a State Migration Plan, as well as a set of sponsorship criteria that must be met in order to be nominated. The criteria varies depending on the needs and processes of the state/territory and may include reaching set levels of International English Language Testing System (IELTS) results for particular occupations, already being a resident in the particular state, meeting licensing requirements, work experience requirements as well as already having secured an offer of employment in the nominated state etc.


In addition to meeting all the eligibility requirements associated with the 190, one of the main limitations you will face is ensuring that you’re not only meet state sponsorship criteria, but that your occupation is also available on the state’s current Migration Plan. More information about the State Sponsorship can be viewed at: http://www.immi.gov.au/skilled/general-skilled-migration/nom-by-state-terr-gov.htm


Before submitting an expression of interest to apply for this visa, you must meet the DIBP requirements and the State Sponsorship must be secured.  It is also not guaranteed that you will be extended an invitation to apply for this visa; therefore it is recommended that you meet all the relevant criteria and obtain as many points as possible in the relevant points test.


In addition to obtaining the visa, it is also your responsibility to find employment within the nominating state. This means you need to do your own research, and apply for vacant positions relevant to your skills and experience.

Want to work in Australia?


John Glover from OzMigration Solutions explains how you can work & immigrate to Australia.

International’s/ Migrants still needed in Australia


Skills shortage, 457 Visa and the Fair Work Act

Many changes to Workplace Law have been introduced recently and with more companies now employing internationals, it is vital that these changes be understood in order to continue successfully operating the most affective work practices. Over previous editions we have looked at the Australian Skills Shortage; we are now able to look at how these shortages and the Fair Work Act are linked.

The skills shortage in Australia is still relatively high and once we turn even further away from the financial crisis, these skill shortages look to be greater than ever before. Australia will be forced to obtain skills from overseas through the 457 work visa option or through ENS Employee Nomination Scheme; both are relatively fast in being processed. However, the new rules to this visa, linked with the Fair Work Act changes, make working under this process slightly different.

The changes were introduced to monitor the exploitation of overseas workers; it ensures the overseas workers are skilled at a particular level, as well as overcoming criticisms of the Minimum Salary Level (MSL).

So what do they wish to achieve by the reform? The reform hopes to streamline the process for low risk sponsors as well as increase flexibility and mobility for the visa holders. With the greater emphasis on training and development, not only will the overseas workers benefit but also those local Australian employees.

On April 1st, 2009 seven reform measures to the 457 visa were announced. Here we look at the reform which seems to be the biggest question on most organisations’ mind, The Minimum Salary Level

With the implementation of a market base rate for all new and existing 457 visa holders from mid September 2009. This will result in a fairer, simpler and more transparent method of determining the terms and conditions of employment.

Market Rates
Regimenting the market rates, will ensure local labour is not a less attractive option for employers, as well as continuing to provide those industries with needed skills where local labour is unavailable. Overseas workers will also benefit from receiving the same remuneration and working conditions as an equivalent Australian worker doing the same work at the same location.

Guiding Principles
The salary offered should be the same as an equivalent Australian worker at that location; the employer will determine the terms and conditions for the 457 worker in the same way as for an Australian worker. The employer may be required to provide appropriate evidence of these terms to the Department of Immigration and Citizenship (DIAC)

Temporary Skilled Migration Income Threshold (TSMIT)
The commencing TSMIT is $51,400 (as of July 1st 2012) and will look to be indexed annually; if the Market Rate in the workplace is lower, nomination will be refused. As well as this, the agreed Non-Monetary Benefits can be allowable, as long as they are also available to Australian workers.

High Income Threshold
Where the nominated salary is above the High Income Threshold $180,000, the equivalent terms and conditions assessment does not apply;

Health Costs
The onus has previously been on the employer to cover health costs of the worker. However, under the new reform, some responsibility shifts to the visa applicant.

Improved information sharing
The Commonwealth and State/Territory government agencies, including, Taxation; Industrial relations; Workplace safety; Fair trading; Registration & licensing; Law enforcement as well as many others have full transparency between one another.

The introduction and implementation will be a lengthy process with possible disruption to your workplace. At Pendragon, we understand these changes, we assist you with ways to work with the new rules but not leave yourself open to employment issues making the New Year a great one for all concerned.


1 2

Oz Migration Blogs

Business or Visitor..


The best business visa to obtain to come to Australia for general business, a visit or to look for employment is the subclass 601 visa. 

To make it easy to understand an ETA allows you to enter Australia for up to 3 months at a time as a tourist or a visitor on business purposes. 


Business visitor activities can include:  

- General business or employment queries

- investigating, negotiating and dealing with business contracts

- Tasks carried out as part of official government to government visits 

- Participating in conferences, meetings, seminars etc as long as you are not paid by the organisers for your participation


Before you apply, you need to know that if you are granted an ETA, any other visas that you do hold could be affected by this ETA. For current ETA holders the subclass 601 has replaced Electronic Travel Authority subclass (976), Electronic Travel Authority Business Entrant - Short Validity, subclass (977) and Electronic Travel Authority Business Entrant - Long Validity subclass (956).  

If you hold one of these previous ETA'S already then it will be valid until the expiry date you were given. If you apply for and are granted a new ETA the earlier one will end and the new one will be valid as soon as it has been granted. With your passport, if you plan to get a new passport, you should do this before you apply for your ETA. Your ETA is linked to the passport number you use in the application and you must use the same passport to travel to Australia. 

There is no cost for the ETA application, however, there is a service charge of AUD20 which applies for online applications only. 

Looking to stay longer than 3 months? 

If you are looking to stay longer than 3 months and wish to work there are other visas that may be more suitable for you. If you are 30 years or under the other visa to consider is the 417 or 462 working holiday visa. The 417 and 462 visas allow you to stay in Australia for up to 12 months, work in Australia for up to six months with each employer, study for up to 4 months and leave/re-enter Australia for any number of times while the visa is still valid.

If you are looking for a more permanent work visa the 457 may also be another option for you to consider. A 457 visa allows you to work in Australia for up to 4 years, bring your family to work or study in Australia as often as you want, however please note that this is a sponsored visa which means that your employer must either become an approved sponsor or nominate you for a position. 

source:www.border.gov.au 


IT Specialists Migrating To Australia


We were recently asked what kind of problems IT specialists should expect when migrating to Australia. The below explanation can be applied not only to IT but across multiple industries when looking to migrate to Australia. Each case depends on your individual circumstances as well as your eligibility to obtain an Australian visa. 

The first step before making the move is to ensure that you are eligible to apply for a visa that will enable you to live and work in Australia.  Below are two options to consider: 

1)  Employer Sponsored Visa - This requires you to either be sponsored directly by the company who has offered you a job or through a surrogate employer or a contractor management company that has an on-hire agreement with the government to sponsor individuals with your skills


2)  General Skilled Migration Stream via SkillSelect - In order to apply, your occupation must be listed on Schedule 1 of the Consolidated Skills Occupation list, and you must also meet all other eligibility requirements https://www.border.gov.au/Busi/Empl/skillselect 

The route you choose really depends on your visa eligibility as well as your future plans. You can also look at an app called MyMigrationAustralia, which allows you to asses whether you could be eligible for a 457 visa or Permanent Residency visa. 

Once you have determined the best  visa for your circumstances, you will need to find employment in Australia. Finding a job in Australia can be difficult for non-residents, especially if you don't get the right advice and help. 

If you are having difficulty, a company called Skills 2 Oz may be able to assist. They help job seekers from all around the world get jobs in Australia. Here you are not competing directly with Australian residents and you will find all the information you need to be prepared for the Australian market. They can also help you with advice and additional qualifications that will help you to succeed in the Australian job market. 

The employers that advertise jobs with Skills 2 Oz, offer a variety of jobs including temporary roles in Call Centers, Administration, Engineering, Construction and many more. 

Alternatively, these are some of the key website's to look for jobs in Australia... 

www.seek.com

www.careerone.com.au 

www.jobseeker.com.au

www.jobsearch.com.au 

www.mycareer.com.au    


457 Visa - freedom to work wherever you want


There is a lot of confusion surrounding the rules of the 457 visa, as a migration company, Oz Migration get a lot of enquiries regarding its limitations. One thing we’re asked on several occasions is, “can I work for whoever I want?”... 

In theory, yes, the 457 visa can allow you to work wherever you like, you are free to apply and work for any Australian company that is willing to become your sponsor, you can even change jobs just like any Australian Permanent resident or citizen.

In fact, the Human Resource (HR) law of Australia is applicable to 457 visa holders, therefore you must be treated in accordance with the Australian HR laws, but also abide by the immigration rules set around 457 employment.

Basically, there are two parts to the sponsorship, one is the entity that wants to sponsor you - it has to get an agreement with the Department of Immigration and can apply to sponsor you. The sponsoring entity does not hold your 457 visa, you hold your 457 visa approval, and you can have that approval moved to another sponsor at any time without the permission of your existing sponsor.

The entity sponsoring you for your 457 visa cannot hold you back to stay with them, nor can they threaten you with being kicked out of the country, they can however cancel their sponsorship. In which case you will have 90 days to find a new company to sponsor and employ you. You are free to move to another employer as long as you acquire another sponsor for your 457 and do not work outside the skill set you have been/can be sponsored under.

The Immigration Department wants this visa to allow skilled individuals to be able to stay and move around if they can find further work; they want to keep the skill in Australia. That’s why they allow 90 days for you to find further work if your current employment ceases or if you are not happy working where you are, you have 90 days to find another sponsor.

In some cases, you can work through an approved 457 on-hire company; this automatically allows you more free movement around jobs, as well as allowing you to change on-hire companies.

For more information contact us at info@ozmigration.net.au. In the meantime, enjoy working in Australia.

Australia: working without company sponsorship


Many individuals thinking of migrating to Australia do a lot of research regarding the conditions, rules, forms, tests, eligibility skills list and other issues around the Australian visas. This can sometimes get understandably overwhelming, in which case we get enquiries asking whether it’s possible to settle down in Australia without sponsorship from an Australian company.

To answer the question, yes it is possible to settle down and work in Australia permanently without employer sponsorship, as long as you are able to meet eligibility requirements for the General Skilled Migration scheme via Skills Select.

Another route could be an Australian Working Holiday visa; however, this visa only allows you to work with one employer for six months and only allows you to stay in Australia for a maximum of 12 months (2 years if you spend 3 months out on a farm etc.)

Alternatively, you can live and work in Australia through an employer based sponsorship such as the Subclass 457 visa. To obtain this visa, you will need to either be sponsored directly by the company who has offered the job, or through a surrogate/umbrella/contractor management company that has an on-hire agreement with the government to sponsor individuals with your skills.

The route you choose really depends on your future plans. If you have any further enquiries please contact us as info@ozmigration.net.au.

What you need to know about moving from a Working Holiday Visa to a 457 Visa


For those visiting Australia on a 417 (Working Holiday) or a 462 (Work & Holiday) visa that are planning on extending your stay... it’s in your best interest to acquire a 457 Australian Visa. Due to the rules associated with the 417/462 visa: only allowing you to work in Australia for a maximum of 6 months with each employer and stay for a maximum of 12 months, (24 months if you have worked for 3 months in specified work in regional Australia) moving to the 457 Visa will allow you to stay in Australia for another 4 years.

Many 417/462 visa holders often look to this option once they've made the decision to live & work in Australia longer than their current visa allows them to. However, what most potential 457 holders do not take into consideration is the amount of time it takes for a visa application to be processed. It is important for all holders of the Working Holiday Visas to be mindful of the time involved in this process and to understand that it can be a long time before they are approved to bridge to the 457 Visa. Many assume that a lodgement of a Subclass 457 visa means they will be able to continue working past the 6 month period, this is incorrect!

Before applying for the 457 Visa you need to make sure you qualify... To do this you can use a variety of sources, such as; the Government Website Page or speaking to a qualified migration agent.

As an migration company we get countless enquiries from individuals with only weeks left on their 417/462 visa period and are hoping to extend their stay by acquiring the 457. In most circumstances, unless the application is submitted with enough time for it to be approved before their work period has expired; they’re legally not allowed to work in Australia.

Should you find yourself in this situation, you need to cease working until your Subclass 457 visa has been approved, or you can obtain permission from the Department of Immigration and Border Protection for an extension to your 6 month work limitation – this extension can only be submitted after the 457 visa has been lodged and can sometimes take longer than the visa to be processed. 

There is also such thing as a ‘bridging visa’ however this offers no immediate assistance and still requires a long waiting period. Due to the bridging visa, which is issued on the lodgement of the 457 visa application, should someone’s 417/462 visa expire whilst their 457 visa is pending, they will be able to remain onshore during processing AND be able to continue working for the same employer for a further 6 month period.

In order to avoid all these additional hassles such as; the bridging visa & visa extensions – simply submit your application with sufficient time for processing. It is important that everyone understands the strict rules around the 6 month work limitation, and it is important to note that working for longer than 6 months with the same organisation is NOT permitted.  It is recommended for applicants who do not wish to cease employment whilst waiting for their 457 to be approved - that the application for the 457 visa is lodged at least 2 months before the work limitation comes into effect . Any breach of this condition could have an impact on your pending 457 application and possibly any future Permanent residency visa applications.


*Please note that the above advice may not be applicable to everyone and we recommend all individuals speak to and liaise with a registered migration agent to seek appropriate advice which is relevant to their particular situation.*

Nurses looking to work in Australia on a 457 visa


We've recently been asked about the rules and regulations revolving nurses who wish to come to Australia on a 457 visa and what’s involved in the process.

In order to sponsor Nurses on 457 visas, the usual 457 visa process is followed, however, there are extra registration and licensing requirements. If you’re an overseas nurse looking to come to Australia, you must first be registered in your home country as a nurse, and then you need to apply for Australian licensing via Australian Health Practitioner Registration Agency (AHPRA). Find the AHPRA online here: www.ahpra.gov.au

Prior to submitting the 457 application, it is essential that you go through the AHPRA’s registration process as the Australian registration is required before the 457 visa can be granted. The registration process assesses your skills and qualifications and makes an assessment as to whether you meet the Australian nursing standards.

In addition, they will also have to have relevant educational qualifications in order to meet the skill requirement for this visa.

Australian 457 Visa: the difference between a Standard Business Sponsorship & Labour On-Hire Sponsorship


As a company which assists individuals seeking to obtain 457 visa sponsorship in Australia, we constantly see confusion regarding the features, benefits and differences between the two ways of obtaining 457 visa sponsorship. These two avenues are; Standard Business Sponsorship a Labour On-Hire Sponsorship.

The main difference between both is that the visa holder is either sponsored directly by a
company they are providing the services for (Standard Business Sponsor) or via a third party (Labour On-Hire Sponsorship). There are advantages and disadvantages with both, which may influence your decision to chose one avenue of sponsorship over another.

Through securing and maintaining a Labour Hire Agreement with the Department of Immigration and Citizenship Australian, provides the on-hire industry with a clear pathway for the recruitment and contracting of skilled overseas workers. on-hire firms seek to attract and contract overseas workers to on-hire out to unrelated businesses. The labour agreement

When applying for a 457 visa, the on-hire company must meet the same requirements as a Standard Business Sponsor. If you maintain sponsorship through an on-hire company, although on-hire companies are a surrogate employer, you can only be paid directly by the sponsoring (on-hire) company.


Advantage and Disadvantage of a Standard Business Sponsorship:
Advantage: With Standard Business Sponsorship, you have access to opportunities for Employer Nominated Sponsorship (ENS) for Permanent Residency.
Disadvantage: While sponsored through Standard Business Sponsorship you remain restricted to one employer/ role and need to find a new company to sponsor you if you want to move – essentially, you may need to go through the whole visa process again.

Advantage and Disadvantage of a Labour On-Hire Sponsorship:
Advantage: Labour On-Hire Sponsorship provides flexibility with options for permanent or contract based work. You can work on various projects at different sites within your sponsored classification while maintaining sponsorship through an On-hire Firm. On-hire agreements give you flexibility to change jobs without having to apply for/renew your 457 visa. 
(A lot of Labour On-Hire’s also provide salary packaging options – that allows a visa holder to maximise their take home pay through deductable expenses and allowances.)
Disadvantage: At present, although this is being challenged, you cannot apply for Permanent Residency under the Employee Nomination Scheme (ENS).


Whether an individual elects to secure visa sponsorship through Standard Business Sponsorship or visa a Labour On-Hire is entirely up to them and their individual circumstances. It is important for individuals to consider all options before making a decision when it comes to what route of sponsorship that they want to take. There are other facets to making this decision, if you have any further questions please contact us at info@ozmigration.net.au.

Skilled Nomination Visa (Subclass 190) – "What are the limitations when applying?"...


As migration experts, we are bombarded with enquires on a daily basis, this week we were asked “are there any limitations when applying for the I-90 under the skilled migration in certain states?"...


Like most visa’s, there are a lot of requirements which need to be met in order to qualify. In the case of the Skilled Nomination Visa (Subclass190) if you were to try and attain this visa you will need to meet the Department of Immigration and Border Security’s (DIBP) visa eligibility requirements in addition to the individual state/territory sponsorship requirements, (these requirements are imposed by the state they are requesting sponsorship from).


Each state/territory has a State Migration Plan, as well as a set of sponsorship criteria that must be met in order to be nominated. The criteria varies depending on the needs and processes of the state/territory and may include reaching set levels of International English Language Testing System (IELTS) results for particular occupations, already being a resident in the particular state, meeting licensing requirements, work experience requirements as well as already having secured an offer of employment in the nominated state etc.


In addition to meeting all the eligibility requirements associated with the 190, one of the main limitations you will face is ensuring that you’re not only meet state sponsorship criteria, but that your occupation is also available on the state’s current Migration Plan. More information about the State Sponsorship can be viewed at: http://www.immi.gov.au/skilled/general-skilled-migration/nom-by-state-terr-gov.htm


Before submitting an expression of interest to apply for this visa, you must meet the DIBP requirements and the State Sponsorship must be secured.  It is also not guaranteed that you will be extended an invitation to apply for this visa; therefore it is recommended that you meet all the relevant criteria and obtain as many points as possible in the relevant points test.


In addition to obtaining the visa, it is also your responsibility to find employment within the nominating state. This means you need to do your own research, and apply for vacant positions relevant to your skills and experience.

Want to work in Australia?


John Glover from OzMigration Solutions explains how you can work & immigrate to Australia.

International’s/ Migrants still needed in Australia


Skills shortage, 457 Visa and the Fair Work Act

Many changes to Workplace Law have been introduced recently and with more companies now employing internationals, it is vital that these changes be understood in order to continue successfully operating the most affective work practices. Over previous editions we have looked at the Australian Skills Shortage; we are now able to look at how these shortages and the Fair Work Act are linked.

The skills shortage in Australia is still relatively high and once we turn even further away from the financial crisis, these skill shortages look to be greater than ever before. Australia will be forced to obtain skills from overseas through the 457 work visa option or through ENS Employee Nomination Scheme; both are relatively fast in being processed. However, the new rules to this visa, linked with the Fair Work Act changes, make working under this process slightly different.

The changes were introduced to monitor the exploitation of overseas workers; it ensures the overseas workers are skilled at a particular level, as well as overcoming criticisms of the Minimum Salary Level (MSL).

So what do they wish to achieve by the reform? The reform hopes to streamline the process for low risk sponsors as well as increase flexibility and mobility for the visa holders. With the greater emphasis on training and development, not only will the overseas workers benefit but also those local Australian employees.

On April 1st, 2009 seven reform measures to the 457 visa were announced. Here we look at the reform which seems to be the biggest question on most organisations’ mind, The Minimum Salary Level

With the implementation of a market base rate for all new and existing 457 visa holders from mid September 2009. This will result in a fairer, simpler and more transparent method of determining the terms and conditions of employment.

Market Rates
Regimenting the market rates, will ensure local labour is not a less attractive option for employers, as well as continuing to provide those industries with needed skills where local labour is unavailable. Overseas workers will also benefit from receiving the same remuneration and working conditions as an equivalent Australian worker doing the same work at the same location.

Guiding Principles
The salary offered should be the same as an equivalent Australian worker at that location; the employer will determine the terms and conditions for the 457 worker in the same way as for an Australian worker. The employer may be required to provide appropriate evidence of these terms to the Department of Immigration and Citizenship (DIAC)

Temporary Skilled Migration Income Threshold (TSMIT)
The commencing TSMIT is $51,400 (as of July 1st 2012) and will look to be indexed annually; if the Market Rate in the workplace is lower, nomination will be refused. As well as this, the agreed Non-Monetary Benefits can be allowable, as long as they are also available to Australian workers.

High Income Threshold
Where the nominated salary is above the High Income Threshold $180,000, the equivalent terms and conditions assessment does not apply;

Health Costs
The onus has previously been on the employer to cover health costs of the worker. However, under the new reform, some responsibility shifts to the visa applicant.

Improved information sharing
The Commonwealth and State/Territory government agencies, including, Taxation; Industrial relations; Workplace safety; Fair trading; Registration & licensing; Law enforcement as well as many others have full transparency between one another.

The introduction and implementation will be a lengthy process with possible disruption to your workplace. At Pendragon, we understand these changes, we assist you with ways to work with the new rules but not leave yourself open to employment issues making the New Year a great one for all concerned.