What are your 457 Visa obligations when employing overseas chefs?

As a restaurant owner in Australia looking to hire a chef from overseas, it is imperative that you understand the features and requirements of the 457 visa before you make your hiring decision.
 
The 457 visa is the most commonly applied for and granted visa for chefs to obtain sponsorship and employment in Australia. It allows qualified chefs to travel to Australia to work for an approved sponsor such as a restaurant for up to four years. As a restaurant owner, you are able to sponsor a foreign chef for this visa only if you cannot find an Australian citizen or permanent resident to do the necessary work in your establishment. It’s been well documented and publicised that Australia is currently in the grip of a chef shortage which has made finding local chefs difficult.
 
How to become an approved sponsor
 
As a restaurant owner in Australia, before you can hire a chef from overseas you must be approved by the Department of Immigration and Border Protection (DIBP) as an approved sponsor. It is also important to note that the individual you sponsor may not work or volunteer for any other restaurant, except those associated with your restaurant.
 
As the sponsor of an overseas worker who holds a 457 visa, you need to be aware of your obligations as both an employer and sponsor.
 
First, you must apply to become a sponsor to recruit workers from overseas. You will be required to provide a clear statement outlining the skills and experience that your foreign chef must possess and identify where he or she will be working. During this process, you will also be required to demonstrate that you are operating as a lawful restaurant business in Australia and to pay a fee, which is revised annually on July 1 every year.
 
Your obligations as a sponsor
 
As an employing sponsor, you must not seek to recover or have another person pay for obtaining sponsorship approval or for the recruiting of the properly sponsored foreign worker. Keep in mind that holders of 457 visas are also permitted to bring their family with them to work or study in Australia and can travel in and out of the country as often as they like during the time period the visa is valid for.
 
Additionally, you are obligated to meet minimum training benchmarks based on how long your restaurant has been in business. You will also be required to attest in writing that you are committed to both local labour and non-discriminatory recruitment and hiring practices. You must also verify that at least 75 percent of your workforce are residents or citizens of Australia.
 
As an employer and sponsor, you must pay your chef who comes from overseas a rate equivalent to comparable local wages while at the same time not underpaying current employees. You must also not deduct money without your employee’s consent for such things as rent or board. You should also note that under the Temporary Skilled Migration Income Threshold or TSMIT program, the lowest wage you can pay skilled overseas workers such as chefs is $53,900 (effective 1 July 2013). This is to ensure that holders of the 457 visa have enough money to adequately provide for themselves while living and working in Australia and that they will not become a burden to the country.
 
As a restaurant owner, keep in mind that your foreign chef must have a genuine intention to work as a chef, as well as the necessary skills and experience to perform the job in order to obtain a 457 visa. In addition, your candidate must also meet basic English language skills as well as identity, health and character requirements. There are no caps on the number of chefs you can hire from any country.
 
What happens after you are approved as a sponsor?
 
After you have been approved as a sponsor, you then must nominate the position you wish to fill. After the nomination has been approved, you can then recruit your candidate to fill the position. Then, you may act as a sponsor for your employee when he or she applies for a visa.
 
You will also be required to show that you are paying the same wages and offering the same conditions of employment to Australian citizens and residents as you are to the 457 visa holder you are employing and sponsoring as a chef.
 
As an employer and sponsor of a 457 visa holder, you will be required to maintain certain records, including the details of return travel costs for your overseas worker and their family members; the tasks being done by your employee and where he or she is doing them; and the training that you are providing to your Australian workers.
 
Employers and sponsors who do not comply with the obligations of the 457 visa program risk the cancellation of an existing sponsorship; the refusal of a sponsorship renewal; and the possibility of court action.
 
Is the process difficult and how can Edupi Migration help?
 
Becoming an approved sponsor may seem difficult but Edupi Migration can take care of the whole process for you. For a restaurant, it significantly increases the chef talent and skills they have access to. For more information, contact me, Justin Browne on 02 9235 0919 or email justin@edupi.com.au.