Important Updates
Important Updates
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 22, 2025 | CanadaCanada: 2026 International Experience Canada Program Now Open
December 22, 2025 | CanadaCanada: New Pilot Programs for Caregivers Announced
December 22, 2025 | CanadaCanada: Two Entrepreneurial Programs Paused; New Entrepreneur Pilot Expected
December 22, 2025 | United StatesUnited States: DHS Final Rule on Weighted H-1B Cap Selection Now Under OMB Review
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
December 22, 2025 | CanadaCanada: 2026 International Experience Canada Program Now Open
December 22, 2025 | CanadaCanada: New Pilot Programs for Caregivers Announced
December 22, 2025 | CanadaCanada: Two Entrepreneurial Programs Paused; New Entrepreneur Pilot Expected
December 22, 2025 | United StatesUnited States: DHS Final Rule on Weighted H-1B Cap Selection Now Under OMB Review
December 19, 2025 | BulgariaBulgaria: Digital Nomad Residence Permit Introduced
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • 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

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood and Senior Associate Kimberley Ong explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood and Senior Associate Kimberley Ong explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.