Temporary Work (Skilled) visa (Subclass 457) - THIS VISA IS NOW CLOSED TO NEW APPLICANTS – see new Subclass 482 Visa

Who this visa is for

The Temporary Work (Skilled) visa (Subclass 457) allows eligible Australian employers to sponsor suitably skilled overseas workers to live and work in Australia on a temporary basis.

What this visa lets you do

The Temporary Work (Skilled) visa (Subclass 457) is a Temporary Residence visa. Once granted, it allows the holder (and any family members included in the application) to:

• stay in Australia for the duration of the visa (up to four (4) years)
• work full-time for the sponsoring employer
• travel to and from Australia (without restriction)
• bring eligible family members to Australia as dependants on your visa (who are able to work and study without restriction).

General eligibility criteria

There are three (3) stages to Temporary Work (Skilled) visa (Subclass 457).

Sponsorship stage

Unless the sponsoring employer is already an approved sponsor, the employer will need to apply to be approved as a Standard Business Sponsor for the purposes of sponsoring overseas workers (or be subject to a valid Labour Agreement).

Once granted, the employer will remain approved for five (5) years (or 18 months for "start-up" businesses with less than 12 months trading in Australia), subject to remaining compliant. Businesses with a history of high-volume, good quality, decision ready applications and an excellent record of compliance can apply for accredited sponsor status (valid for six (6) years).

To be eligible to be approved as a Standard Business Sponsor, the sponsoring employer must:

• be actively and lawfully operating
• meet relevant training requirements
• have no relevant adverse information against the business

Note: Approval as a Standard Business Sponsor carries with it several obligations, the breach of which may incur significant penalties/sanctions.

Nomination stage

The Nomination stage involves an approved sponsor identifying the position within the business to be filled by a sponsored overseas worker.

For the Nomination to be approved, the identified position to be filled must:

• be full-time
• involve a direct employment relationship
• be for an occupation listed on the Consolidated Skilled Occupations List (CSOL)
• be genuine (reasonably required for the scope and scale of the business and not created/contrived to achieve a visa outcome)
• not be able to be readily and suitably filled locally (the employer must have conducted adequate labour market testing)
• provide terms and conditions no less favourable than those afforded to Australian citizens and Permanent Residents performing similar roles (the employer must provide market rates and conditions)
• meet the Temporary Skilled Migration Income Threshold (TSMIT)
• have no relevant adverse information against the position or the business

Visa stage

The Visa stage involves assessing the suitability of the overseas worker to fill the Nominated position with the approved Sponsor.

For the Visa stage to be approved, the applicant must:

• be able to demonstrate suitable qualifications and/or experience to be able to fill and adequately perform in the nominated position (this may involve licensing/registration where required and in certain circumstances may require the applicant to obtain a suitable skills assessment from an approved assessing authority - where required, EasyMigrate can manage this process for you)
• meet the relevant English language requirement
• hold adequate health insurance cover (EasyMigrate can arrange this upon request)
• meet relevant health and character requirements.

 

The above list is not intended to be exhaustive and further eligibility requirements do apply.

For more information or to see if you qualify, please make an enquiry with one of our qualified and experienced Migration Consultants.

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