Publish Date: May 17, 2013
We were recently approached by an organisation in Australia to provide advice on whether it was possible to obtain a subclass 457 visa for a foreign national so that she could work as a cook.
At face value the application seemed fairly straightforward: the visa applicant had the necessary skills and English-language proficiency, the job offer was genuine and the occupation of cook was prescribed as being an occupation in which foreign nationals can be employed on a subclass 457 visa.
In order to employ a foreign national on a subclass 457 Visa it is necessary for the employer to show, amongst other things, that an Australian performing that role would receive a salary of equal to or greater than $51,420 per annum plus superannuation.
The question he was whether an Australian Cook earns more than $51,420 per annum plus superannuation?
Answering that question was made all the more difficult because there were no Australian Cooks employed by the business. It became necessary for us to undertake a detailed analysis of wages conditions for Cooks in the area around where our client conducted their business.
This case highlights the difficulty in employing foreign nationals on subclass 457 visas in occupations that are not renowned for being particularly well-paid. Other examples of occupations where there can be problems getting subclass 457 visas include building maintenance workers and some hospitality staff.
We have considerable expertise across all visa classes and are able to provide you with clear advice about what is the best option for your employees to migrate to Australia.
Please phone us on +61 2 8268 4000 for a consultation if you would like advice about the best way to bring your employees to Australia.