# Temporary Work Visa (Subclass 457) Questions



## spDownUnder (Apr 19, 2011)

I got a preliminary offer from an Australian company today. They would be sponsoring a work visa if I'm willing to move to Australia. Before I got this offer, I was planning to apply for a GSM 175 visa and already got a positive assessment from ACS. Now, this offer presents me an interesting opportunity and at the same time, caught me off the hook, as I have not planned or researched for an employer sponsored visa. Since I'm new to this side of things, please bear with some of my questions:


The position would be in one of their offices in Sydney, Melbourne or Perth. I currently work as an IT professional in a small town in USA. My wife and I can live here comfortably for USD 80000 per annum. If I am to relocate to one of these cities in Australia, what would be an equivalent salary? Would AUD 80000 - 90000 per annum be a good figure to settle down?


I think the visa they would sponsor me on would mostly be a 457 temporary worker visa. Are there any pitfalls or benefits I would need to be aware of with regard to working on this visa? How does the pay for people on 457 visas compare to that of permanent residents for the same position (considering all other experience and qualifications are the same). Would it be better to negotiate for a higher pay on a temporary visa (assuming higher risk)?


Would working on the 457 visa help me anyway in getting my PR quicker, as opposed to going through the GSM subclass 175 route?

I would appreciate any comments and suggestions on my questions.


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## sysanalyst (Aug 10, 2011)

spDownUnder said:


> I got a preliminary offer from an Australian company today. They would be sponsoring a work visa if I'm willing to move to Australia. Before I got this offer, I was planning to apply for a GSM 175 visa and already got a positive assessment from ACS. Now, this offer presents me an interesting opportunity and at the same time, caught me off the hook, as I have not planned or researched for an employer sponsored visa. Since I'm new to this side of things, please bear with some of my questions:
> 
> 
> The position would be in one of their offices in Sydney, Melbourne or Perth. I currently work as an IT professional in a small town in USA. My wife and I can live here comfortably for USD 80000 per annum. If I am to relocate to one of these cities in Australia, what would be an equivalent salary? Would AUD 80000 - 90000 per annum be a good figure to settle down?
> ...


90k will be sufficient for a young family to live comfortably here. Take the offer of 457 and once you are here you can apply for 175. Or else ask yor company to sponsor your ENS ( employer sponser PR) now or after 2 years


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## anj1976 (Apr 24, 2008)

457 is work visa, not Permanent resident visa, i think valid for 4 years, once you plan to leav the company you have to either ask the otehr employer to sponsor you (not sure if it gets transferred or how it works) if you do not manage a job you have to leave the country within 28 days leaving the employer who sponsored you. you are on your own when it comes to healthcare, schooling (for kids). basically you get your own health insurance and you do not get to send kids to public school.

ENS is the best bet


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## anj1976 (Apr 24, 2008)

wanted to add, if you have to choose between syd, mel or perth and the money remains teh same, i'd say go fro mel, slightly cheaper than syd, perth too far from everything. dont expect a huge difference but if syd spends 100$ a week on something, MEL will spend 85.


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## spDownUnder (Apr 19, 2011)

Thanks for the replies, sysanalyst and anj1976. They are really helpful. 

I also have my green card in progress in the US (which I expect to get in at least 2 years from now). Since the 175 visa processing also takes around 18 months to 2 years, I decided I'll let go of this job offer for now and see what happens after two years.


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## yks (Jan 24, 2011)

spDownUnder said:


> Thanks for the replies, sysanalyst and anj1976. They are really helpful.
> 
> I also have my green card in progress in the US (which I expect to get in at least 2 years from now). Since the 175 visa processing also takes around 18 months to 2 years, I decided I'll let go of this job offer for now and see what happens after two years.


I am not sure why you want to move for the same kind of Pay Package.
nevermind.

Issue with 457 
1. Even if you have 4 years of 457 visa, if the employer decides to get rid of you , you have no choice but to return back to your country.
You have 28 days to leave the country and if in those 28 days you find another employer who is ready to trnsfer the sponcership in his name ..you are safe.
(when i say sponcership..it is the nomination that gets transferred and your visa of 4 years remains intact) Transfering the nomination hardly takes anytime if you have good agent.


2.you will have to pay for your medical Insurance(actually this is the visa cndition and recently becuase of the rules changes..Employee needs to maintain his/her own insurance....this comes to abaout 150 dollars a months for you and your wife)

Benefits:

1. you can ask you employer to pay you LAFHA component in your salary.Believe me this will make a huge differnce in you take home if you are talking about 85K annual package.(you can avail this only till the time you dont lodge your PR application.
The day you lodge your 175 application you are not entitled to get LAFHA anymore.)

2. You can come here and work on 457 and parallely you can aply for 175.
(if you are working in Australia on 457 ...its becomes a bit simple to prove that your are skilled and really working in your domain ...as you will have asutralian pay slips and tax returns to provide as proof with your application...this is only my thouhgt but not sure if its realy the case  )

3.In australia (if you are skilled and have required experience ) you can look forward to residency in 18 months...which I am pretty sure is not the case in US and that is the biggest deciding question where you want to settle ?

Will let you know if I can think of something else ?

(I have been in this 457 boat for almost 3 years now ..have changed employer as well...have filed 175 also ..had an options of ENS but with some strings attahced ...so yaa its a good experience )


Let us know if you are uncertain of anything..hopefully this forum wont disappoint you ...you will find a lot of guys with different experience of Immigration situations :clap2:.

and I am sure they will be able to answer most of your questions.




PS: And the most important trvelling back India from sydney would be 14 hours compare to 17 hours from US. lane:


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## faisalfareed (Jul 15, 2014)

Hi Yks, Would you please tell me what LAFHA and how can I claim this or ask my employer. I recently got job offer in AUS and is planning to move there over 457 work visa.


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## _shel (Mar 2, 2014)

LAFHA doesnt exist for 457 holders any longer.


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## Sunny_Girl (Jun 2, 2014)

Hi,

I'm hoping someone might be able to help with my question.
Company has lodged 457 nomination (for Electrician General) recently and received an email yesterday stating that Labour Market Testing was required. However the company did not think they had to include this in the application as the employee they are willing to nomination/sponsor is from Ireland (member of World Trade Organisation) and has been working with the company for over 2 years. from what I can see on the website this would make the company exempt from doing this:
_"LMT will notneed to occur where it would conflict with Australia’s international trade obligations, in any of the following circumstances:
The worker you nominate is a citizen of a World Trade Organisation member country and has worked for you in Australia on a full-time basis for the last two years."_

I'm really worried that this may ruin our chances of renewing the 457 visa and having already lodged and submitted our side of the sponsorship, I don't want to loose all that money.

Any help would be really appreciated!


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## _shel (Mar 2, 2014)

They must comply with labour market testing they only dont need to do it if they were renewing the visa of the person aready in the position.

Why on earth did you apply before they had the nomination approved?


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## Sunny_Girl (Jun 2, 2014)

He has been working with the company for the last 2 and a half years on a 457 visa.
Technically he will be working in the same position within the company so would this be considered "renewing the visa".

We had to lodge our sponsorship at the same time because our current 457 is up next week and I'd prefer to be here legally!!


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## _shel (Mar 2, 2014)

DIBP can ask them to undergo the RLMT for non graduate or medical positions as its not a blanket exclusion as it covers too many people to be so.

You say technically, has the employer changed? Why are they not sponsoring for PR uf you have been there 2 years?


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## Sunny_Girl (Jun 2, 2014)

Employer has never changed always been on a 457 with them.

We decided not to go the PR route for now.


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## _shel (Mar 2, 2014)

Its because they will have never carried out the RLMT if you have been there 2.5 years and general electrician is an occupation that doesnt qualify for an exemption for international trade obligations.


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