The 457 Visa allows Australians and Overseas business’ obtain visas for current and potential staff in order to work in Australia in their nominated occupation for their approved sponsor for up to four years.
The application for a company sponsorship visa consists of 3 stages:
1° stage – Standard Business Sponsorship (SBS)
An approved sponsor business can employ skilled workers to fill positions within the business.
A business is approved for up to 5 years (based on a standard business approval). Currently there are no limitations on the number of workers that can be sponsored during the term of the approval.
2° stage – Nomination
The employer must demonstrate that the vacant position is genuinely required in the business. The main criteria here are that:
The position offered is listed either on the:
• Medium and Long Term Strategic Skilled List (MLTSSL); OR
• Short-term Skilled Occupation List (STSOL)
• Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT);
• Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position – in particular, the salary paid is at least at the market rate.
• In some cases, employers must demonstrate that have advertised the position in the local market and that it could not fulfil the position (Labour Market Test).
3° stage – Visa Application (subclass 457)
The employee would then apply for a visa to work in Australia to fill the nominated position. This would involve providing the following evidence:
• That the employee has the required skills and qualification to fill the position and is eligible for any required licensing or registration.
• The employee meets the 457 English requirement
• The visa applicant meets health and character requirements and holds suitable health insurance – if a Medicare reciprocal agreement is not available.
Duration and Conditions
The 457 visa is subject to a condition 8107 work restriction, meaning that main visa holder can only work for the sponsoring employer. Change of employer can be made once a new employer nomination is approved by the immigration department.
The visa can be cancelled if the employee ceases employment for more than 60 days, and the employee must maintain their health insurance cover. The 457 visa is valid for a minimum of 3 months and up to 4 years.