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The Temporary Work (Skilled) Visa, commonly known as the Subclass 457 Visa, is the most common visa used by employers who want to sponsor foreign workers to fill an open position in their business.
The Subclass 457 visa is a temporary visa that allows an Australian company to employ overseas workers for up to 4 years. There may be a pathway to permanent residence available to those who have worked for an Australian employer as the holder of a Subclass 457 Visa for at least 2 years through the Employed Nominated Scheme or the Regional Sponsored Migration Scheme.
The Temporary Work (Skilled) Visa, commonly known as the Subclass 457 Visa, is the most common visa used by employers who want to sponsor foreign workers to fill an open position in their business.
The Subclass 457 visa is a temporary visa that allows an Australian company to employ overseas workers for up to 4 years. There may be a pathway to permanent residence available to those who have worked for an Australian employer as the holder of a Subclass 457 Visa for at least 2 years through the Employed Nominated Scheme or the Regional Sponsored Migration Scheme.
The Temporary Work (Skilled) Visa or the 457 visa gives Australian businesses the option to sponsor a skilled overseas worker when they cannot fulfil the role locally. A temporary skilled work visa in Australia is designed to aid local business owners who are facing staff shortages, enabling their businesses to keep running as smoothly as possible. However, before sponsoring an overseas skilled worker, they must provide proof that they can’t fill the position locally. In addition, the 457 visa in Australia also provides a chance for workers to bring eligible family members over for temporary work.
The 457 visa in Australia begins with a business owner sponsoring a skilled worker to join their workforce from overseas. Once the worker has been nominated, they must accept before the application can move forward. Once the initial stages are complete, the 457 visa applicant must provide all the relevant documentation, including qualifications, relevant work experience, background checks, and proof of identification. Once everything has been submitted successfully, the Australian Dept of Home Affairs will make their decision.
There are 3 stages in the application process, being:
Stage 1:
To begin, your company that seeks to sponsor a foreign worker for a Subclass 457 Visa must apply for approval as a standard business sponsor. The approval is valid for up to 5 years and will allow you to nominate an overseas worker for an open position in your business.
In order to be approved as a standard business sponsor, if your business has been operating for at least 12 months, it must satisfy certain “Training Benchmarks”. You must prove one of the following:
The business must submit verifiable evidence that they meet one of the training benchmarks, such as tax invoices / receipts that show it has incurred expenditure on training their Australian staff. The expenditure must have been incurred in the 12 months immediately preceding the application for the business to become a Subclass 457 Sponsor.
If the business has been trading for less than 12 months, you must submit an “Auditable Training Plan” which clearly specifies how you are going to meet either of the training benchmarks in the next 12 months.
If your business has been operating for less than 12 months, your sponsorship will only be approved for 12 months. If your business has been operating for more than 12 months, your sponsorship will be approved for five years.
There is a wide range of documentation that must be supplied to the Department of Immigration and Border Protection (DIBP) in an application for standard business sponsorship. We can advise on all the required documentation.
Stage 2:
Once an approved business sponsor, your business lodges a nomination application identifying the position to be filled. This involves you identifying an open position in your business and nominating the overseas worker to fill that position. The nomination application can be lodged any time after the sponsorship application has been lodged.
For the nomination to be approved, the business must:
2. Satisfy the DIBP that the open position is genuine, in that that the position is necessary for business operations and fits within the scope and scale of the business. This is particularly relevant when the occupation you seek to sponsor an overseas worker under is not a “neat fit” with the nature of the business.
3. Agree to pay the overseas worker the Market Salary Rate (MSR), which cannot be below the Temporary Skilled Migration Income Threshold (TSMIT), which is currently $53,900 (plus superannuation). The amount you must pay the overseas worker is determined by what the business pays an Australian employee doing equivalent work in the same location, or if the business does not have an Australians doing similar work, various sources of government and market based data.
4. For some occupations, test the Australian labour market prior to lodging the nomination application and provide information with your nomination application about your attempts to recruit Australian workers and how you have determined on the basis of these attempts that there is no suitably qualified and experienced Australian citizens, Australian permanent residents or eligible temporary visa holders available to fill the position.
Stage 3:
The overseas worker lodges the Subclass 457 Visa application. This can be done any time after the related nomination application has been lodged and until the nomination expires after 12 months of being granted. The overseas worker must:
Show that they have the necessary skills, qualifications, work experience and for the nominated position.
Hold any mandatory licenses, registrations or professional memberships required to work in their occupation in Australia.
Meet language requirements by scoring at least 5.0 overall in the IELTS test with a minimum score of 4.5 in all four components.
MLTSSL, the overseas worker will be granted a visa for four years. After the overseas worker has worked for you for two years, you can nominate them for permanent residency under the Employer Nominated Scheme.
STSOL, the overseas worker will only be granted a visa for two years, which can renewed perpetually. There is no pathway to permanent residency under the Employer Nominated Scheme in this instance.
For 457 visa applicants to be successful, they must provide a range of documents and ensure nothing is missing. This will include proof of their skills and work experience, employment offer, qualifications, criminal background check, health assessments, character certificates, and any other requested document at the time of application. With the help of The Immigration Lawyer, you will be able to fulfil all compliance with ease.
The processing time for the 457 visa will depend entirely on how complete the application is and any additional complexities encountered throughout the process. Generally, you can expect the 457 visa to be processed in 2-3 months. Using an immigration lawyer who understands the complexities of the process will ensure everything is processed in the fastest time possible.
Our experienced immigration lawyers have successfully handled many applications under the Subclass 457 Visa Programme. We will ensure your application is given the best prospects of success.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this visa to you and inform you of the process moving forward.
To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.
The 457 visa is for temporary work sponsored by an employer, whereas the 482 visa is a visa for temporary skilled work where there is a shortage of local workers.
Yes, it is possible to apply for permanent residency through the Employer Nomination Scheme or the Regional Sponsored Migration Scheme if you have a 457 visa. For more information on PR, contact The Immigration Lawyer today.
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The Immigration Lawyers practice solely in the field of Australian immigration law. Contact us for local expertise and give your visa application the best chances of success.
