# Can employer make employee pay for 457 cost?



## ricks1088 (Mar 10, 2011)

Greetings all,

I have a job offer from a company which is willing to sponsor me for 457 visa but they are asking me to pay 2000 for visa fee and immigration service. I don't think it's right. I thought employer is required to pay sponsorship and nomination charges and employee pays visa fee which is something around 250$

Can employer make employee pay for nomination cost? Is it legal? Appreciate your help.


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## Weebie (Sep 16, 2009)

Yes it's totally illegal. Keep in mind though it might not be economically feasible for a company to sponsor you if you don't pay the fees though.


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## amaslam (Sep 25, 2008)

Find out exactly what you're getting for the $2000. They company sponsorship form and fee is < $200 and the 457 afterwards is about $2000 (most of it is fees to DIAC).


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## ricks1088 (Mar 10, 2011)

Thanks Weebie. 

Asalam I did not get you. Total fee including nomination, sponsorship and visa is something around 650 I have checked on immigration website.


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## Guest (Apr 29, 2011)

ricks1088 said:


> Thanks Weebie.
> 
> Asalam I did not get you. Total fee including nomination, sponsorship and visa is something around 650 I have checked on immigration website.


I thought this kind of scam happened only in Pakistan. If the employer can't pay $2000/- for visa processing fee, how can they pay you a 120K+ salary? And if you are coming over from the US and settling for less, you are short selling yourself.


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## ricks1088 (Mar 10, 2011)

Well, I have not signed the offer letter yet so I am not settling for less. Also, it is too early to declare it as a scam. The employer is sponsoring for first time and they don't know all their obligations (still in the process of figuring out all the steps). Thank you for your input though.


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## stormgal (Sep 30, 2009)

I would say yes, but with conditions: If we formed and signed a contract that states that I will keep my job for 3 years, at the salary they're offering


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## Guest (Apr 29, 2011)

stormgal said:


> I would say yes, but with conditions: If we formed and signed a contract that states that I will keep my job for 3 years, at the salary they're offering


I hope you haven't ever done this, and don't really plan on doing this in the future  If the employer is paying a high salary, it is a given they would pay the sponsorship fee. It just comes out as lousy, pathetic, and low ball to ask the employee to pay. I mean, the next thing would be to ask you to pay for the plane ticket, and work for free...


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## ricks1088 (Mar 10, 2011)

Back to the original question please: I am asking if it is illegal to ask employee or in other words can Employer ask employee to pay the fee legally?

Ausimmi, I understand you definition of lousy, pathetic, and low ball employer but my original question is not about the greatness of the employer. I am more concern about the legal obligations.


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## ricks1088 (Mar 10, 2011)

Stormgal. I like the humor!


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## Guest (Apr 29, 2011)

ricks1088 said:


> Stormgal. I like the humor!


It's the difference between "eats, shoots, and leaves" and "eats shoots, and leaves" you know. Stormgal has reason to be annoyed by your sentence


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## stormgal (Sep 30, 2009)

ricks1088 said:


> Back to the original question please: I am asking if it is illegal to ask employee or in other words can Employer ask employee to pay the fee legally?
> 
> Ausimmi, I understand you definition of lousy, pathetic, and low ball employer but my original question is not about the greatness of the employer. I am more concern about the legal obligations.




I'm not sure, but I found a link about it: (Check out the last box on the matrix)

Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)

_There are nine sponsorship obligations that sponsors of Subclass 457 visa holders (457 sponsors) must comply with. These are set out below._

[...]

_Obligation not to recover certain costs from a primary sponsored person or secondary sponsored person	
The standard business sponsor must not recover, or seek to recover, from the primary or secondary sponsored person, all or part of the costs (including migration agent costs):_

_...that relate specifically to the recruitment of the primary sponsored person
associated with becoming or being a sponsor or former approved sponsor.
This obligation ceases on the concurrence of the following two events:
the approved sponsorship ceases; and there are no sponsored persons in relation to the sponsor._

But who really knows... I would guess that for the most part, employers would pay and sponsor for the visa, but maybe this employer has a quota that they've already reached for 457's and want everyone else after the quota to pay the fees. Most company's operate on a yearly budget for these things and simply can't go over. (That's the positive side of it)

Whatever you decide, hope it works out


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## stormgal (Sep 30, 2009)

Subclass 457 – Sponsor Obligations

*Is my sponsor obligated to pay any costs if they cease my employment?*

Your sponsor has an obligation to pay reasonable and necessary travel costs to enable you to leave Australia upon receiving a written request from you or the department on your behalf

You sponsor must not recover, or seek to recover, from you, all or part of the costs (including migration agent costs) that relate specifically to your recruitment or costs associated with becoming or being your sponsor. For example, your sponsor cannot deduct from your wages the associated costs they have paid to the department for lodging a 457 visa sponsorship or nomination application form.


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## ricks1088 (Mar 10, 2011)

ausimmi said:


> It's the difference between "eats, shoots, and leaves" and "eats shoots, and leaves" you know. Stormgal has reason to be annoyed by your sentence


I see more annoyance in your remarks than stormgal's. Peace.


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## ricks1088 (Mar 10, 2011)

stormgal said:


> I'm not sure, but I found a link about it: (Check out the last box on the matrix)
> 
> Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
> 
> ...


That is helpful. Thanks!


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## Halo (May 8, 2008)

I did it for one of my chaps so I hope not


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## ricks1088 (Mar 10, 2011)

Halo means u were the employer right?


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## Halo (May 8, 2008)

Yes


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## jimmiemenon (Apr 19, 2014)

I have lots of emails coming every month from companies. They ask me to pay some bucks so that my visa can be arranged. But I have suspicion on them. They may be playing scam with me. My friend who had suffered from one of such companies lie. I beware you my friend. Don't trust easily.


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