Skills Shortages
Visa 457 Q&A
July 18, 2008
The ATA has published a comprehensive set of questions and answers about the ins and outs of the complex Visa 457 regulations for those trying to work here in Australia as a truck driver.
What transport occupations are excluded?
The occupations that have been removed from the subclass 457 program are
- Heavy Truck Driver (Excluding those primarily working at mining or construction sites)
- Furniture Removalist
- Automobile Driver
- Delivery Driver
What is the definition of Mining or Construction Site Heavy Truck Driver?
Mining or Construction Site Heavy Truck Driver; meaning an activity primarily undertaken at mining or construction sites involving a significant majority of the following tasks:
- drives heavy trucks, requiring specially endorsed classes of licence, to transport bulky goods and materials, directly related to the mining or construction industries
- manoeuvres vehicles into position for loading or unloading
- assists with or carries out loading or unloading operations, using various lifting or tipping devices
- estimates weights to comply with load limitations, and ensures safe distribution of weight
- ensures goods are stowed and securely covered, to prevent loss and damage
- verifies loading documents, checks condition of goods and obtains certification of deliveries
- checks destinations of goods and determines most appropriate routes
- maintains logbooks detailing vehicle movements
- carries out minor maintenance to vehicles, and arranges major maintenance and repairs
- may transport dangerous goods, such as explosives or petroleum products.
The entry requirement for this occupation is an AQF Certificate II or higher qualification or at least 1 year’s relevant experience. Registration or licensing is required.
This exemption will only apply to heavy truck drivers primarily working on mining or construction sites and would not include heavy truck drivers who drive on public roads unless that travel is incidental to work on mining or construction sites.
Are there any transport occupations that are still eligible under subclass 457?
Certain occupations within the Road and Rail Transport Drivers category and all occupations within the Mobile Plant Operators category continue to be eligible occupations for regional subclass 457 visas. The list of these occupations follows:
- General Construction Plant Operator
- Forklift Driver
- Bulldozer Operator
- Agricultural and Horticultural Mobile Plant Operator
- Backhoe Operator
- Railway Track Repair Mobile Plant Operator
- Loader Operator
- Street sweeper Operator
- Grader Operator
- Logging Plant Operator
- Excavator Operator
- Bus Driver
- Paving Plant Operator
- Tram Driver
- Road Roller Operator
- Train Driver
When did the changes come into effect?
The changes came into effect from 1 July 2008. Drivers already in Australia under subclass 457 visa sponsorship arrangements are not affected.
I have already submitted a nomination application; what will happen to it?
The nomination fee for nominations made, but not finally determined, may be refunded provided the nominator withdraws the nomination (in writing or otherwise). The nomination fee for an approved nomination may be refunded (generally at the nominator’s request).
Nomination applications which are not withdrawn within a reasonable period will be refused and
the application fee lost.
I have already submitted a visa application; what will happen to it?
The visa application charge may be refunded if a visa application is withdrawn in writing and the applicant also requests a refund in writing. Visa applications which are not withdrawn within a reasonable period will be refused and the application fee lost.
What happens when a current visa holder’s visa expires?
That would depend on the individual circumstances of the case. Individuals who are currently on a subclass 457 visa in one of the excluded occupations are not able to renew their visa when it expires. However, there is a range of visa options available outside the subclass 457 visa program.
What happens if a company withdraws its sponsorship of a truck driver on a subclass 457 visa? Can that person find work at another company?
Yes, however, it would need to be at a regional mining or construction site or in another occupation, and the person would need to apply for and be granted a further subclass 457 visa.
I am already in Australia as a heavy truck driver; am I eligible to apply for permanency under the Regional Sponsored Migration Scheme?
The occupations may be eligible for the Regional Sponsored Migration Scheme if an employer can make a case for approval of the nominated position as an exceptional appointment.
Under current policy, in order for the position to be considered as an exceptional appointment, the intended nominee must have worked as a Heavy Truck Driver in regional Australia as a subclass 457 visa holder, and have been in the job for at least the preceding two years. Applicants would still need to meet all other relevant criteria.
