Changes to 457 visa effective from 1st December 2015

The Department of Immigration and Border Protection announced that those applying for the Temporary Work (Skilled) Visa (Subclass 457) will be required to fulfill a number of new obligations in order to be granted the right to work in the country for an approved business for up to four years. It is anticipated that this change will shed light on some otherwise confusing aspects of the visa process for new immigrants applying to the program.

Under these new regulations, if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated-the holder:

  1. must hold the licence, registration or membership while the holder is performing the occupation; and
  2. if the holder was outside Australia when the visa was granted-the holder must hold that licence, registration or membership within 90 days after the holder’s arrival in Australia; and
  3. if the holder was in Australia when the visa was granted-the holder must hold that licence, registration or membership within 90 days after the holder’s visa was granted; and
  4. must notify the Department, in writing as soon as practicable if an application for the licence, registration or membership is refused; and
  5. must comply with each condition or requirement to which the licence, registration or membership is subject; and
  6. must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and
  7. must notify the Department, in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.

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