Subclass 457 visa transitional period ends as of 1 January 2010

As of 1 January 2010 Subclass 457 visa holders whose visas were granted before 14 September 2009 are required to be paid market salary rates or a prescribed salary rate (whichever is higher) to bring them in line with people issued a Subclass 457 visas since 14 September.

Failure to comply with this obligation may lead to sanctions against the employer and the cancellation of visas.

The Department of Citizenship and Immigration's website provides the following information:

The transitional arrangements described above for Subclass 457 visa holders whose visas were granted on the basis of nominations approved before 14 September 2009 will cease on 1 January 2010. From 1 January 2010, sponsors must pay these visa holders the market salary rate unless it is less than the applicable prescribed salary level. In other words, sponsors must pay these Subclass 457 visa holders the greater of either the market salary rate or the prescribed salary level for the duration of their visa.

• $81 040 for Subclass 457 visa holders who benefited from the English language exemption
• $55 725 for Subclass 457 visa holders working in Information and Communication Technology (ICT) occupations who were granted their visa under certified regional employment arrangements
• $61 920 for all other Subclass 457 visa holders working in ICT occupations
• $40 705 for all other Subclass 457 visa holders who were granted visas under certified regional employment arrangements
• $45 220 for all other Subclass 457 visa holders.

More information can be found at http://www.immi.gov.au/skilled/457-market-salary-rates.htm

If you require assistance in meeting this change, please contact Noelene Merrey noelene@isa.com.au or Jackie Hill jackie@isa.com.au at ISA Group.