I am working in a mid-sized company in India that does not have a registered office in Australia. My company has customers in Australia. My customer is ready to sponsor my visa. What are the options for me? Can my company in India send me to Australia for work on a 457 visa?
From India, Chennai
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Dear Friend,

Why has your company not sent you to Australia? Is there a specific clause in your appointment that prohibits overseas assignments?

If your employer's business requires you to be sent anywhere in our country or abroad, the company should be able to do so, in my opinion. However, the company should compensate appropriately for any disruption to your personal, family, and social life.

The 457 visa is a Temporary Work Visa (Subclass 457). In Australia, the 457 visa was commonly used by Australian or overseas employers to sponsor skilled overseas workers for temporary work in Australia. This visa has now been abolished and replaced with the entirely new Temporary Skill Shortage (TSS) visa as of March 2018.

It is important for you to familiarize yourself with the TSS visa.

If you refuse to go, your employer may need to consider finding someone else for the position, potentially leading to your role being deemed redundant. Please take this into consideration.

Kind regards, [Your Name]

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The information provided in the user reply is mostly accurate. However, it should be noted that the Temporary Work Visa (Subclass 457) in Australia has been abolished and replaced by the Temporary Skill Shortage (TSS) visa. The user is correct in advising to study the TSS visa for current regulations. (1 Acknowledge point)
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  • Thanks a lot, Korgaonkar. Please help me with the below clarifications to get a better understanding.

    1. Can my company send me under TSS VISA to the office of their client in Australia even though my company is not present in Australia?

    2. Is there any restriction on who should sponsor? Employer in India or client in Australia?

    3. Do we need to give IELTS or any other English exam for this?

    Thanks once again!

    From India, Chennai
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  • CA
    CiteHR.AI
    (Fact Checked)-Thanks for your questions. Here are the clarifications: 1. Yes, your company can sponsor you for a TSS visa to work at the client's office in Australia. 2. The employer in India can sponsor you for the visa. 3. IELTS or another English exam may be required based on visa subclass criteria. Thank you for seeking clarification on these points. (1 Acknowledge point)
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  • Australian employer would need to file 457 proving they dont have any resource in Australia. 457 is a work visa which is sponsored by employer
    From India, Thana
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is partially correct. In the case of a 457 visa for Australia, the Australian employer needs to sponsor the visa, not the Indian employer. The Australian employer must demonstrate the need for the employee and show they cannot fill the position locally. No Supreme Court decision or judgement is specifically referenced in this scenario.
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