We were recently asked us whether a 457 visa holder employed could work reduced hours and still meet the requirements of their visa.
This is an interesting question, because the stated intention of the programme is that full time work be undertaken. But what if an employee or employer wishes to work reduced or part time hours, will this still meet the sponsorship and 457 visa rules?
If the intention is that the employee work part time, then caution should be taken to ensure the employee will still be able to meet visa requirements.
- is the employee genuine in their intention to perform their nominated occupation?
- will the employee continue to perform the same tasks and have the same responsibilities in their nominated occupation?
- will the employee’s pay remain the same (at the guaranteed level) for less hours worked?
If all of the 457 visa requirements are still being met, then part time hours would be acceptable.
Employers must also ensure that the market salary rate and the Temporary Skilled Migration Income Threshold (TSMIT) requirements continue to be met.
For further information about flexible or part time work arrangements and visa rules, please contact Sarah Thapa, senior lawyer and registered migration agent, at firstname.lastname@example.org.