Temporary Work Visa (Subclass 457)

The 457 visa is for temporary skilled workers to work in Australia. For employers, it is the main visa used to sponsor overseas employees to work in Australia. As there is no cap on the 457 visa, employers may request to sponsor as many overseas workers as necessary, as long as there is a genuine need for the position to be filled. This visa is valid for up to 4 years, and renewals are possible.

This visa comes in three steps namely:

STEP 1: BUSINESS SPONSORSHIP

During this step, the employer will need to apply for Standard Business Sponsorship. This is the most common way to sponsor a skilled worker using the subclass 457 program. Standard business sponsorship approval requires that your organisation is:

  • lawfully, operating business
  • no adverse business background
  • Organisations operating in Australia must meet certain training benchmarks in respect of training their Australian employees throughout each year of the sponsorship.
  • For business operating less than 12 months, then further requirements such as auditable training plans are required in lieu of meeting the training benchmarks.

Organisations operating Overseas wanting to establish Australian operations of their business and sponsoring an overseas worker must meet financial, business objectives and a commitment to training.

Once approved, it is valid for 5 years. Therefore, an employer does not need to apply for Business Sponsorship each time they hire an overseas worker. After the 5 year validity period, employers have the option to renew.

STEP 2: NOMINATION

During this stage, the employer will then apply to nominate the position to be filled by the overseas worker. The employer will need to meet the following key requirements:

  • The position is in an occupation listed under the Consolidated Sponsored Occupation List
  • The salary offered for the position must satisfy two tests:
    1. The annual guaranteed salary must be atleast the Temporary Skilled Migration Income Treshold (TSMIT) currently set at $53,900 AUD plus super.
    2. The nominee must be offered a salary as per the market salary rate for the nominated occupation. This is to ensure that the terms and conditions of the employment are no less favourable than for an Australian in an equivalent position.
  • There must be a genuine need for the position. For selected occupations, the employer mnay also need to provide evidence to Immigration that they have made attempts to advertise the position locally in the hope of recruiting Australian staff to fill the position. This is also known as the "Labour Market Testing" requirement.

STEP 3: 457 VISA APPLICATION

This is the visa application for the overseas worker to obtain a working visa in Australia to fill the position.

The visa applicant must:

  • Meet health and Character requirements
  • Have the required qualifications and/or work experience for the position
  • Hold the relevant licence or registration if required for the position
  • Meet English requirement
  • Hold the required health insurance

The visa applicant may include dependent family members onto the application, with the permission of the sponsoring employer.

Why Choose Seek Migration

Seek Migration specializes in Employer Sponsored visas, as it is the core of our practice. We have significant amount of experience in assisting employers throughout the whole end to end process of successfully sponsoring overseas employees.

Our relationship with our clients do not simply end at obtaining the visa. We continually assist to ensure ongoing compliance with sponsorship obligations. We provide guidance and assistance to both the employer and the 457 holder throughout the validty of the business sponsorship, the visa and beyond.

Please contact us for more information.

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