457 Working Visa
Temporary Sponsored Visa (457 Visa Program)
The 457 visa program underwent major reforms on the 14.09.2009. The reforms have been implemented so as not to undermine local training and employment opportunities of Australian workers and provide equality between Australians and temporary residents in the Australian work place. The program has been designed to assist Australian and overseas business’s to sponsor highly skilled individuals to undertake skilled work in Australia for specified periods of time. Currently there are transitional arrangements in place for employers and visa holders.
To facilitate the employment of an overseas skilled worker on a temporary work visa the application process is split into three separate applications. The first applications are made by the employer . The employer lodges an application to become a Standard Business Sponsor, then lodges an application to nominate a skilled position to be filled by an overseas skilled worker. Finally an application is lodged by the skilled overseas worker and accompanying family for a subclass 457 visa(s).
Standard Business Sponsorship (SBS)
If you are an employer who is struggling to obtain skilled staff in Australia and have vacant skilled positions within your business that appears on the list of occupations for business long stay (457) visas, you may be eligible to become an Standard Business Sponsor (SBS).
To become a Standard Business Sponsor your business must:
- Be lawfully and actively operating
- Be able meet the governments training benchmarks
- Be committed to employing local labour and has non-discriminatory employment practices
- Have no adverse information be known about the business or office holders
- Agree to adhere to the obligations
Please note: Breaches to obligations can result in punitive penalties.
On lodgement of a Standard Business Sponsorship application with DIAC the sponsoring business will be eligible to lodge a nomination application for a skilled position that is available within the business or associated entity.
The nominated position must:
- Appear on the list of occupations for business long stay (457) visas
- Meet the relevant market rate of salary within the proposed location of work
- Have a base rate of pay higher than the Temporary Skilled Migrant Income Threshold (TSMIT)
- Have no less favourable terms and conditions of employment than Australians employed in the same role
In addition to this the sponsor must attest that the nominated position contains a substantial majority of tasks listed on the Australian Standard Classification of Occupation descriptor for the relevant nominated occupation and that the nominee has the appropriate qualifications and skills to meet the needs of the skilled position.
457 Visa Application
Once the nomination application has been lodged an application to employ a skilled overseas worker under sub class 457 can be lodged.Applicants wishing to meet the criteria for the grant of a 457 visa will need to demonstrate they have the relevant qualifications and/or work experience to match the nominated position and demonstrate the mandatory health, character and English language requirements can be met. Please note: Due to the 457 visa program changes if you are already the primary holder of a subclass 457 visa you may not need to lodge a new application for a subclass 457 visa.
If you would like to check your eligibility to become an approved sponsor or your eligibility for a 457 visa please complete our online enquiry form and one of our migration agents will contact you to discuss your situation and confirm your eligibility for the visa.
To find out more about Permanant Sponsored Visas through the Employer Nomination Scheme (ENS), Please contact our Registered Migration Agents.
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