457 Visa Nomination
A business that seeks to employ an oversees employee on a 457 visa must make a Nomination application. The Nomination application determines the occupation/job, salary, location and the identity of the prospective 457 visa applicant.
The position that the visa applicant will be employed to perform in the business must correspond to one of the occupations designated under the 457 visa program. Importantly, the duties to be performed by the prospective visa applicant must correspond to the duties as outlined in the ANZSCO description for that occupation. Recent reforms introduced have strengthened the requirement that the position must be genuine and not motivated by a desire to secure a migration outcome for the visa applicant.
As part of the Nomination application a position description and employment contract are required to be supplied with your application.
457 Business Sponsors are required to offer their oversees workers employment terms and conditions that are no less favorable than that offered to Australian employees or that would be offered to Australian employees for performing the same job in the same location. Consequently, Business Sponsors are required to pay their overseas employees at or above the Market Rate for that occupation in the location where the visa applicant will be employed.
Where the business employs an Australian performing an equivalent job in the same location to that of the proposed visa applicant the market rate is determined by what is paid to the Australian employee. If the business Sponsor does not employ an equivalent Australian employee the Market Rate will have to be determined. There is a procedure mandated by Migration Law when determining the market rate where there is no equivalent Australian employee.
Importantly, that market rate must also be above the Temporary Skilled Migration Income Threshold which is currently set at $53,900.
Labour Market Testing
From 23rd November 2013 employers need to demonstrate that a suitably qualified Australian Citizen or Permanent Resident cannot be found from the employment Market to fill the position on offer to the oversees employee.
There are a number of exceptions to the Labour Market Testing requirement, including exceptions for specific occupations and where the visa applicant has the required qualifications or work experience.
We can assist you with determining if you have to meet this requirement, and if so, what you must do and what evidence you can supply.
Recent reforms to Nomination applications have increased their complexity, particularly in reference to the selection of a genuine occupation and determination of the salary to be paid to the visa applicant. It is strongly advised that you seek guidance when making such an application. As part of our service we offer comprehensive advice and assistance in meeting all Nomination criteria.
Please contact us for our comprehensive advice