• Insights

457 Visas Are in the News ... Again!

December 7, 2016

headshot

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
What is being said?
 
The Australian Labor Party has proposed a more rigorous regulatory approach to the Subclass 457 visa programme. This includes strengthening labour market testing requirements, notably, to require a position to  be advertised for at least four weeks before a 457 visa can be granted. Other mooted changes include:
 
  • LMT being extended to all positions (whereas LMT is largely restricted to engineering, nursing and trade roles);
  • Further scrutiny on the quality of job advertisements;
  • Restricting access to the Labour Agreement stream of the 457 visa programme for companies employing a certain proportion of 457 visa holders; and,
  • Strengthening the enforcement of the registration requirement for occupations that require licensing and registration.
 
A few facts
 
Permanent entry to Australia is highly regulated through the Migration Programme planning levels. The programme is divided between humanitarian, skilled and family intakes and the current planning level for the 2016/2017 planning year is around 200,000 places.
 
Unlike permanent migration levels, temporary visa grants are unregulated.  There are approximately 1.5 million temporary visa holders in Australia with work rights on their visas (i.e. this is excluding tourist visa holders, transit visa holders etc.). Of these 1.5 million temporary visa holders, there are approximately 150,000 primary and secondary 457 visa holders; constituting only 15% of the total. The primary cohort of temporary visa holders are New Zealand citizens. So why the laser focus on 457 visa holders?
 
In recent years, we have seen a number of media exposés on the exploitation of temporary visas holders in Australia by a limited number of Sponsors; notably the Baiada chicken matter, the 7Eleven scandal and the recent Fairfax media report concerning visitor visa holders working unlawfully on orchards in Northern Victoria.  
 
Given these serious instances of foreign worker exploitation, greater focus of resources is needed on the compliance of businesses in employing those on temporary visas, including but not limited to Subclass 457 visas.
 
Upcoming changes
 
The Government has implemented a change to the working condition on the 457 visa whereby a 457 visa holder must not cease work for more than 60 days – a decrease from the previous 90 days. One of the motivations for this change was to reduce competition for Australians trying to find work.
 
Currently, there are approximately 650 occupations that are eligible to be used under the Subclass 457 visa programme. Both major political parties have undertaken to review this list in what appears to be a sensible measure to improve the integrity of the 457 visa programme.
 
What does this mean?
 
Should the changes to Labour Market Testing be introduced, specifically the requirement for all positions to be advertised for four weeks, the lead times for a Subclass 457 visa will increase to at least 12 weeks (taking into account current Departmental processing times). This is not a satisfactory outcome for a skilled worker visa programme that is designed to address short to medium skill shortages in the Australian labour market.
 
This measure will create a further challenge for multi-national companies wanting to move their staff around the world through intra-company transfers – often these programmes will move Australians to places around the globe, upskilling workers to bring those skills back to Australia while allowing foreign workers to gain exposure to the Australian market before moving on.
 
More focus should be placed on strengthening compliance and enforcement measures to ensure there is zero exploitation of temporary visa holders, whether they hold working holiday, student or 457 visas, in the Australian labour market thereby targeting nefarious employers of foreign nationals. This solution is preferable to increasing the regulatory burden to obtain the Subclass 457 visa which diverts valuable Departmental resources away from compliance and applies to all users of the 457 visa programme.

Country / Territory

  • AustraliaAustralia

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brisbane
  • Melbourne
  • Perth
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 23, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 23, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes Second Stage Temporary Shortage List Report
July 23, 2026 | United StatesUnited States: Pilot Program Offering Expedite Fee for B-1/B-2 Visa Appointments Begins at U.S. Consulates in Mexico
July 23, 2026 | United StatesUnited States: The New Rule on Fixed Periods of Stay for F, J, and I Nonimmigrants: What Foreign Nationals and Employers Need to Know
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 23, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 23, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes Second Stage Temporary Shortage List Report
July 23, 2026 | United StatesUnited States: Pilot Program Offering Expedite Fee for B-1/B-2 Visa Appointments Begins at U.S. Consulates in Mexico
July 23, 2026 | United StatesUnited States: The New Rule on Fixed Periods of Stay for F, J, and I Nonimmigrants: What Foreign Nationals and Employers Need to Know
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.