457 Visa Restrictions

Introduction

Australia’s 457 Visa system and associated 457 Visa restrictions are designed to help eligible employers to address short-to-medium-term skill shortages in their business area. These are intended for positions that cannot be filled from the local labour market.

The subclass 457 visa programme is the most commonly used Australian visa programme to sponsor overseas skilled workers on a temporary basis. The vast majority of 457 Visa holders are highly-paid managers or professionals, and 19 out of 20 457 Visa holders have jobs in the private sector.

It’s worth noting that 457 Visas aren’t all about the restrictions. 457 Visa holders in Australia have many of the rights an Australian citizen would have doing the same job. Here’s a short list of the key rights:

  • You have a right to Trade Union representation
  • You have the right not to be discriminated against, or be unfairly dismissed.
  • You are entitled to Workers Compensation if you are injured at work.
  • You are entitled to certain minimum conditions of employment. These relate to working hours, payment for overtime, rest breaks, sick leave and holidays.

If your 457 Sponsor isn’t fulfilling their responsibilities you can get help and advice. Contact Fair Work Australia for more information.

457 Visa Restrictions

There are some specific restrictions that apply to 457 Visa holders in Australia. These include

Visa Condition 8107

Condition 8107 requires that as a primary holder of a subclass 457 visa you must:

  • work in the occupation for which you were nominated.
  • commence that work within 90 days of arrival in Australia.
  • obtain any registration or licensing necessary to perform your occupation in Australia.
  • work for the sponsor, or an associated entity of the sponsor, who nominated the position you are working in, and
  • not cease employment for a period of more than 90 consecutive days.

Visa Condition 8501

Condition 8501 requires subclass 457 visa holders to maintain adequate arrangements for health insurance while in Australia. Check out our information on 457 Visa medical insurance providers for more information. LINK REQUIRED

But…

Your 457 Visa might be subject to additional 457 visa restrictions or rules. These can be found on your 457 Visa Grant Notice. You should always ensure that you remain compliant with all the 457 Visa restrictions that apply. The Australian Government check for compliance. Breaching the conditions of your visa may invalidate it, or result in the Australian Government cancelling your visa.

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