On 1 July 2013 the Department of Immigration and Citizenship
(DIAC) introduced a raft of changes to the Temporary Work (Skilled)
(Subclass 457) visa program that has many, including migration
Below is an outline of the changes that future visa applicants
will need to be aware of.
All applications in respect of 457 visas must now be lodged
Temporary Skilled Migration Income Threshold (TSMIT)
As 457 visa holders are generally not eligible for government
benefits, a minimum salary threshold (or TSMIT) is set to ensure
that 457 visa holders have sufficient money to support themselves
in Australia. It also serves to protect migrant workers from being
taken advantage of and ensure that the 457 visa program is only
used for positions that require skilled and experienced workers,
rather than entry-level positions.
TSMIT is indexed regularly to keep in line with the Average
Weekly Earnings. As of 1 July, the TSMIT has been increased to
Changes to visa condition 8107
Condition 8107 provides that visa holders must only work in
their nominated occupation and for the employer who sponsored them.
If a visa holder does not comply with condition 8107 then the DIAC
would seek to cancel the visa.
Condition 8107 has now been amended to clarify that, if
registration or licensing is mandatory to work in an occupation in
Australia, a visa holder must hold the required licence,
registration or membership for the nominated occupation and comply
with the relevant conditions and requirements for that licence,
registration or membership.
Visa holders now have up to 90 days (increased from 28 days) in
which they must:
first commence work in their nominated position after first
arriving in Australia; or
find a new sponsor should they cease work with their sponsoring
The changes outlined above are only a selection of the wider
reform of the Temporary Work (Skilled) (Subclass 457) visa program.
There are also a large number of amendments that affect visa
applicants who lodged prior to 1 July, 2013 but are still awaiting
a decision, as well as employer sponsors/nominators.
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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Federal Court handed down the largest-ever court fine for breaches of the Subclass 457 business sponsorship program.
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