The Rights of Workers Who Hold a 457 Visa in Australia


A 457 visa is a very common type of visa used by Australian employers who want to sponsor skilled workers temporarily, meaning that the workers would come to Australia to work for a short time. Those who have a 457 visa have certain rights and obligations when in the country and when being employed by a company that sponsors them, and it's good to know those rights if you have such a visa or are considering moving temporarily to work in Australia under such an arrangement. Note the following.

1. Payment

Even when working in the country on a visa, your employer must pay you the same as any Australian employee who has the same type of employment. Your employer cannot go by the minimum wage rules of your own country when deciding on your paycheck.

You must also be paid in a way that can be verified by an outside third party, meaning you cannot take cash payment from an employer. Your employer must pay you by check or by transferring money to your bank account, or by some means that can be verified by someone other than you and the employer. Be sure you understand this requirement on your employer's part and never accept cash or any form of payment that cannot be verified.

2. Costs

When you have a 457 visa, did you know that the company you work for cannot take their costs in sponsoring that visa out of your paycheck? This includes any costs they may incur with hiring what is called a migration agent, or a specialist who helps them secure the necessary paperwork and move the application through government agencies and offices. If there are any other costs they incur in becoming an approved sponsor, you are not responsible for those, and your employer cannot charge them to you.

3. Employers

When employed with a 457 visa, you are allowed to work only for the employer who has sponsored the visa and no one else, not without authorization. Being employed or sponsored by someone or a company does not mean that they can simply "loan you out" or that you can work for anyone while in the country. Your visa will outline the employer for whom you can work; you may be able to work out of different locations or have different supervisors, but you are allowed to work only for the employer noted on your visa.

For more information, you can contact a local immigration attorney from a firm like The Immigration Group Pty Ltd


29 July 2015

Unknown laws you might not know

I love all of those quirky laws that are still on the law book. It's a little hobby of mine to track down some of those laws and try and work out if there was a story behind how they got on the books. I've been doing it for 14 years and have accumulated a lot of material that I have researched. I thought it would be fun to start a blog with some of these stories to share with other people who like to know a little more about law and about history. I hope you enjoy my site.