Australian Temporary Work Skilled 457 visa
The Australian Subclass 457 Work Visa allows Australian and overseas
employers to sponsor an immigrant worker to enter Australia for up to 4
years in order to engage in skilled work. The visa holder's family
members can also gain entry to Australia, and may work and/or study
during their stay.
Once a person enters Australia on a 457 work
visa, there is no limit to the number of times he or she can enter and
leave the country during the time frame of his or her visa.
Sponsorship
Most
employers who sponsor workers via a 457 visa do so as a standard
business sponsor, but in some circumstances employers may also sponsor
via a labour agreement instead. A labour agreement is required in the
following circumstances:
- Sponsorship is sought for workers in the meat or on-hire industries
- The sponsor is seeking to address 'special labour market circumstances'
- Sponsorship is sought for a role that is not on Australia's Consolidated Sponsored Occupations List (CSOL)
For more information on labour agreements please see our labour agreement section below.
Australian 457 Visa Employer Requirements (Standard business sponsor)
For
an employer to be eligible to apply, as a standard business sponsor,
for a worker or workers to come to Australia under a 457 visa, they must
meet the following eligibility requirements:
- Be a lawfully operating business
- Specify the number of workers they wish to sponsor over the full term of their sponsorship
- Businesses IN Australia must:
- Meet
the prescribed training benchmark, if they have been trading for 12
months or more (see our Prescribed training benchmark section below)
- Have a viable plan to meet the prescribed training benchmark, if they have been trading for 12 months or less
- Declare
in writing that they have a strong commitment to employing Australian
nationals and will not discriminate in in any way in regards to
recruitment
- Have fulfilled any training requirements under their last period as a 457 sponsor, if applicable
- Meet
the prescribed training benchmark, if they have been trading for 12
months or more (see our Prescribed training benchmark section below)
- Businesses OUTSIDE of Australia must:
- Intend to sponsor a 457 worker to establish a new business in Australia with connections to an overseas business, OR
- Intend to sponsor a 457 worker to fulfil contractual obligations the employer has in Australia
- Intend to sponsor a 457 worker to establish a new business in Australia with connections to an overseas business, OR
- Have no 'adverse information' pertaining to them (for more information see our Adverse Information section below)
- Must
not have taken any action which resulted in a third party paying costs
related to the employer becoming a sponsor or recruiting a 457 worker
Labour agreements
A
labour agreement is an agreement between an employer and the Australian
Department of Immigration and Border Protection which allows employers
to sponsor 457 workers in circumstances not covered by the standard
business sponsor category, such as when:
- Sponsorship is sought for workers in the meat or on-hire industries
- The sponsor is seeking to address 'special labour market circumstances'
- Sponsorship is sought for a role that is not on Australia's Consolidated Sponsored Occupations List (CSOL)
There are 4 types of labour agreement:
- company specific labour agreements
- industry labour agreements
- designated area migration agreements
- project labour agreements
Company specific labour agreements
These
agreements are made on a case by case basis, and only where there is a
labour shortage that is not already covered by another type of labour
agreement.
Industry labour agreements
Industry labour
agreements are made between the Australian Department of Immigration and
Border Protection and industry leaders to combat persistent labour
shortages in that industry. Terms and conditions for these agreements
are set in advance, and cannot be negotiated by individuals or
companies. Industry labour agreements are currently in place for the meat industry and the on-hire industry.
Designated area migration agreements
Designated
area migration agreements are designed to address labour shortages in
specific Australian states, territories and regions. Each agreement has
its own terms and conditions. To check if your business falls under one
of these agreements please contact us.
Project labour agreements
Project
labour agreements combat labour shortages in large scale resource or
infrastructure construction projects. Each agreement is negotiated with
companies that oversee resource or infrastructure construction projects,
after which employers can apply to be endorsed by the project company.
If you think you may be eligible to take advantage of a project labour
agreement please contact us for further assistance.
Prescribed training benchmark
Businesses
in Australia that wish to sponsor 457 workers must meet a benchmark for
the training of Australian citizens and/or permanent residents.
Businesses which have been operating for 12 months or more must
demonstrate that they have already met the benchmark, while those
operating for 12 months or less less must demonstrate that they have a
viable plan of action for meeting the benchmark.
Overseas businesses do not need to meet the prescribed training benchmark.
Some examples of ways to meet the benchmark include:
- Funding formal study for your Australian employees, or for Australian TAFE or university students
- Funding a scholarship or your Australian employees, or for Australian TAFE or university students
- Employing apprentices, trainees, or recent graduates
- Employment of someone for the specific purpose of training Australian citizens or permanent residents
Adverse information
In
order to gain approved sponsor status employers must have no adverse
information against them pertaining to the last 3 years, such as records
of insolvency or unlawful activity. However, the Australian Department
of Immigration and Border Protection can disregard certain adverse
information at their discretion.
Examples of adverse information include, but are not limited to:
- A
record of unlawful activity under Commonwealth, state or territory law,
including being subject to administrative action that falls short of a
criminal conviction
- Being under investigation for unlawful activity under Commonwealth, state or territory law
- Having been insolvent under the definitions found in subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
For the purposes of the adverse information conditions only unlawful activity relating to the following matters are considered:
- discrimination
- immigration
- industrial relations
- occupational health and safety
- people smuggling and related offences
- slavery, sexual servitude and deceptive recruiting
- taxation
- terrorism
- trafficking in persons and debt bondage
Australian 457 Visa Employee Requirements
Employees applying for a 457 work visa must:
- Be sponsored by an eligible employer to work in a nominated occupation on the Australian Consolidated Sponsored Occupations List (CSOL)
- Have skills, qualifications, and experience which match the requirements of their nominated occupation.
- Have
vocational English language proficiency: International English Language
Testing System (IELTS) score of 5 across all four test components
- Be eligible for any relevant licenses associated with the position
- Meet various health requirements, including having health insurance.
- Meet the character requirements, this usually means a criminal record check
Length of Stay
Applicants can apply to stay in Australia for between 1 day and 4 years on this visa.
Family
457
work visa holders can bring their family with them to Australia. Family
members covered by this visa include married partners, unmarried/de
facto partners, dependent children (of any age), and other dependent
relatives. Family members will be required to provide supporting
evidence before they are allowed entry in Australia.
Married Partners
In order to include your married partner on your 457 visa you will require a copy of your marriage certificate.
Unmarried/De Facto Partners
In
order to bring your unmarried/de facto partners to Australia you will
need to prove that you have been living together as a couple for at
least 6 months. Tenancy agreements, rent slips, and shared bills are
examples of suitable evidence. For advice on your specific case please
contact us.
Dependent Children
Children under the age of
18 can be included on your 457 visa with the provision of their birth or
adoption certificate. To bring children over the age of 18 to Australia
you will need to prove that they are significantly or entirely
dependent on you to meet their basic financial needs (such as food and
housing), and have been for a significant period of time leading up to
your visa application.
Other Dependent Relatives
The rules
for other dependent relatives are similar to those for dependent
children; relatives can be included on your application if you can prove
that they are significantly or entirely dependent on you to meet their
basic financial needs (such as food and housing), and have been for a
significant period of time leading up to your visa application.
Applications
Either
the employer or the worker can apply for this visa. Workpermit.com's
team of immigration specialists can also handle every stage of the
application process. For help and advice with your 457 visa application
please contact us on:
