Employer Sponsored Work Visa – Subclass 457 & 186 – What employer is obliged to pay for

The matter that is the subject of today’s post has immediate practical importance for anyone who is considering to apply for the Employer Sponsored Work Visa (Subclass 457 & 186).

In this post we want to provide a sought-after clarification in regards to a controversial topic about the employer’s obligation to pay for when they sponsor an employee for a work visa under Subclass 457 & 186.

Within a current ‘paying for visa sponsorship’ framework it is not acceptable for sponsors, nominators, employers or other third parties to make a personal gain from their position in a ‘paying for visa sponsorship’ arrangement, nor is it acceptable for current or prospective visa holders to obtain permanent residence in Australia, or have the opportunity to work in Australia by providing a benefit to an employer for a job.

As part of a ‘paying for visa sponsorship ‘ framework, there are criminal and civil penalties and visa cancellation sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for visa sponsorship or employment.

The cautious approach which some immigration lawyers/migration agents promote would be sure to impose on the employer all expenses which occur during the work visa application process.

However, our understanding of the current immigration legislation which recently has been confirmed by the Department of Immigration and Border Protection, is the following –

Subclass 457
The employer must pay SBS & Nomination charges, and their associated costs.
The applicant may pay the visa application charge and its associated costs.

Subclass 186
Whereas this visa does not have any sponsorship obligations, the employer is not obliged to pay the nomination and visa charges. The applicant may pay all visa and nomination charges, and their associated costs.

We hope the above information on work visa helps.

6 thoughts on “Employer Sponsored Work Visa – Subclass 457 & 186 – What employer is obliged to pay for

  • 01/08/2016 at 6:54 pm

    Interesting read, thank you. I am looking at this type of visa at the moment. If I am successful with finding a sponsor, after the 4 years, would I be able to obtain another visa to stay in Australia?

    • 06/08/2016 at 11:05 pm

      You do not need to wait 4 years. Subclass 457 visa holders who have worked for 2 years, while holding a subclass 457 visa, in the same occupation with their nominating employer, who wants to offer them a permanent position in that occupation, can apply for a permanent residence – the Employer Nomination Scheme (Subclass 186).

  • 26/08/2016 at 10:02 am

    are a medical practitioner who has been working in your nominated occupation as the holder of a subclass 422 or subclass 457 visa for at least four years immediately before applying and at least two years of that employment was located in regional Australia and the nominated position is located in regional Australia. This applies to you and all the dependent family members listed in your application, whether they are migrating or not. ??

    • 28/08/2016 at 9:46 pm

      Dear Ignacio,

      Thank you for your message on our website (auvisa.com.au).
      Please clarify your question, I am not sure if I understand your question.
      I note there are different criteria for the main applicant and for the dependent applicants, as well as different visa criteria for Subclass 422 and Subclass 457.
      If you have further questions, please do not hesitate to contact us.

      Yours Truly,
      Australian Visa Immigration Consultancy

    • 02/10/2016 at 9:40 pm

      You can apply directly for a job using http://www.seek.com.au. Once you find an Australian employer willing to sponsor you for 457 visa, you can contact us for an assistance in preparing and lodgement your visa application. All the best!


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