457 (Work Visa) Employer Sponsored Visa

The subclass 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis.

A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizen or permanent resident to fill a skilled position listed in the Consolidated Sponsored Occupations List.

Features

This visa allows a business to employ someone from outside Australia in a skilled job in Australia.

This visa allows you to

  • work in Australia for up to four years
  • bring your family with you
  • travel in and out of Australia as often as you want

Requirements

You can apply for this visa if you:

  • are sponsored by an employer
  • have skills, qualifications, experience and an employment background that match those required for the position
  • have demonstrated your English language ability. The required score is 5.0 band in each component of IELTS test result (not required for all occupations such as Restaurant Manager)
  • have health insurance

There are three stages to of this visa: 

  • employer applies to be a sponsor
  • employer nominates a position (valid for 12 months unless sponsorship ceases beforehand)
  • employee applies for a visa.

Applications for each of these three stages can be submitted at the same time.

Stage 1: Employer applies to be a sponsor

The employer applies to become a sponsor. This can be through one of two arrangements:

  • applying for standard business sponsorship
  • negotiating a labour agreement with the Australian Government.

The employer can be an Australian business or a business outside Australia.

If the sponsorship application is approved, the business becomes an approved sponsor. This is valid for three years.

Stage 2: Employer nominates a position

The approved sponsor nominates a skilled worker to fill the position. The skilled worker must be paid the appropriate market salary for the position in Australia. The position must be an eligible occupation.

Stage 3: Employee applies for a visa

The skilled worker applies for a visa to work for the approved sponsor in Australia.

Requirements
  • You must work in a skilled occupation. For list of occupation see  Consolidated sponsored occupations list
  • Demonstrate that you have the skills and experience necessary to perform the nominated occupation. Skills can be demonstrated by providing 457 Skills Assessment conducted by a Trades Recognition Australia approved Registered Training Organisation (RTO) and/or Qualification Certificates (Professional and Educational). There are exemptions when 457 visa skill assessment is not required. According to the policy: In some circumstances, officers may exercise their discretion to not require a 457 visa skills assessment from a visa applicant who would otherwise have been required under policy to do so. Officers may consider exercising this discretion if the visa applicant:
  • currently holds a 457 visa as a primary sponsored person and is currently employed in the nominated occupation in Australia or
  •  holds the relevant Australian qualification (Certificate IV or above) for the nominated occupation, gained by studying in Australia or
  • holds a relevant qualification that is commensurate with the level indicated in ANZSCO for the nominated occupation and was gained by studying in a country that would not be subject to a 457 visa skills assessment normally or
  • holds the relevant Australian licensing/registration for the nominated occupation or
  • seeks to fill a nominated occupation which is an intra-company transfer and is currently employed in a similar occupation for the same company overseas.

Each case is to be considered on its merits. For example, even if a visa applicant meets one of the exemptions described above, it is still open to officers to require the visa applicant to provide a 457 visa skills assessment, if officers have bona fides concerns.

  • You must meet English language requirement. The required score is 5.0 band in each component of IELTS test result (not required for all occupations such as Restaurant Manager and Customer Service Manager)

You do not need to show that you meet this requirement if any of the following apply to you:

  • you are to be paid a gross base salary in excess AUD92,000 excluding all deductions
  • your nominated occupation does not need a level of English language proficiency for grant of registration, licence or membership, and: you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
  • your nominated occupation is a highly skilled occupation that is on the gazetted list of English language exempt occupations
  • you have completed at least five years of continuous full time study in a secondary and/or higher education institution where instruction was conducted in English.
  • Apart from this you will need to meet health and character requirement. You will also need to have health insurance (we can obtain it for you).

Obligation

There are obligations on people who hold a subclass 457 visa or a family members who are part of 457 visa application and businesses that have sponsored a skilled worker. You must comply with the visa condition otherwise your visa could be cancelled.

Condition 8107 (employment conditions)

You must comply with condition 8107 if you are the primary visa holder. You must:

  • work in the occupation for which you were nominated
  • work for the sponsor who nominated the position you are working in, or an associated entity of the sponsor (if your sponsor is a standard business sponsor in Australia)
  • not cease employment for a period of more than 28 consecutive days.

Condition 8501 (health insurance requirements)

You are responsible for all health costs for yourself and your family. Condition 8501 requires you to maintain adequate arrangements for health insurance while in Australia on a visa 457.
You must comply with this condition if you are:

  • the primary visa holder
  • the secondary visa holder.

 

Contact expert Migration Agent in Sydney on 0404 011 560 to know more about this visa. 

 

Source: DIAC