Temporary 457 Visa
Please be advised there are important changes in temporary and permanent program. Changes are introduced step by step between March 2017 and March 2018. We will be updating information at each stage.
A 457 visa is one of the most popular temporary visas for overseas skilled employees. Detailed information about this visa can be found on the DIBP website www.border.gov.au; here, we want to focus on important and practical information.
Australian employers and overseas employees can sponsor a skilled worker under a 457 visa for any period of time, ranging from one day to 4 years. Depending on which listed position is available, the maximum stay can be 2 or 4 years and can be renewed with the right to apply for a Permanent visa or not.
Family members are also welcome and are allowed to work during their stay in Australia. However, employees are restricted to working only in the nominated occupation and cannot work for any other employer.
Are you an Employer/Sponsor? – check information relevant for you – Read more.
The 457 Visa application is lodged in 3 stages:
The first two stages are purely about and the responsibility of the Sponsor, these must be completed and paid for by the Sponsor. This means the Sponsor must do it on their own or hire an Agent and pay the Agent for doing that, not the applicant.
Once these two stages are approved, the Application stage can be processed and decided.
457 Visa Sponsor
A 457 visa employer must be approved as a sponsor before being able to recruit overseas workers under the 457 visa – they have to be granted sponsorship rights. To be approved as a sponsor, an employer must be an Australian business and demonstrate commitment to employing local labor and undertake non-discriminatory employment practices. To read more about it check Fairwork Australia.
Businesses must not have anything adverse on their record pertaining to the business or anyone associated with the business.
Employers must also show a commitment to meeting Australia’s requirements for training Australian workers. Currently we can see many changes in that area and soon we will see a fixed lump sum to be payable instead of percentage.
Before a 457 visa application can be decided, an approved business sponsor nominates a position in their business that needs to be filled. This is the second stage of the 457 visa application called – Nomination. The position must be highly skilled, appear on one of the lists of occupations CSOL suitable for sponsorship and be remunerated at market salary rates above the Temporary Skilled Migration Income Threshold.
Who Can Apply for 457 Visa?
The 457 Visa is for overseas employees with an Australian work offer that meets the following criteria:
- Minimum wage meeting TSMIT, currently $53,900 per annum and must meet market salary test
- Usually offered a full time position however there is some flexibility
- Be offered employment for a period of up to 4 years
- Work experience, qualifications and experience that match the requirements of the position and must also be according to ANZSCO standards. However in some situations, additional qualification recognition is required (this is dependent on the country and occupation)
- English skills must be demonstrated as vocational which means IELTS score of above 5.0 overall and no lower than 4.5 in each element.
The nominated occupation must be listed within CSOL. List will be updated every 6 months to fit economical situation.
Occupations listed on MLTSSL will be available for long stay 457 visa, up-to 4 years and transitional arrangements.
An employee can include their family on their visa, as long as the employer supports this.
If the employment ceases, the applicant and included family would have 28 days to leave Australia or find a new Sponsor.
After 2 years on 457 visa you can apply for Permanent visa based on transitional arrangements.
Where an individual holds a 457 visa and wishes to change occupations or transition to a new employer it may be possible to lodge a ‘Nomination Transfer’ to change the occupation or move the visa holder to the sponsorship of a new employer. In this situation the visa holder will continue to maintain the same visa with the same conditions and expiry date.
To find out more about when 457 visa employment conditions are changing, read here
Pacific Center Immigration Agency can help you with:
Assessing your eligibility and chance of success.
Manage your skills recognition (if required)
Lodge Sponsorship and Nomination for Employer
Assist employer with documentation including employment contracts, financial documents etc
Lodge a visa application
Manage your bridging visa requirements, if applicable
Provide advice regarding Australian Migration Law
Stay in contact with Case Officer and respond when required.
Follow up with DIBP when required.