About The SC 457 Visa:
Features Of The Visa:
The Temporary Work (Skilled) visa (subclass 457) lets a skilled worker travel to Australia to work in their nominated occupation for their approved sponsor for up to four years.
The 457 visa is the main visa used to sponsor employees to work in Australia. The employer can either be a business operating in Australia or overseas.
Most employers will apply for approval as a Standard Business Sponsor. The approval generally lasts for 3 years and there is a limit to the number of employees who can be sponsored over this time.
Application Process:
The application for a company sponsorship visa consists of 3 parts:
Sponsorship Applying for approval as a business sponsor would require the business to provide details to show:
Nomination The employer must then apply for permission to sponsor an overseas resident to fill certain nominated position(s). The main criteria here are that:
- The position is in an occupation on the CSOL (Consolidated Sponsored Occupations AND
- The applicant is to be paid a base salary of at least the TSMIT (currently $53,900); AND
- Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position – in particular, the salary paid is at least at the market
Nomination The employer must then apply for permission to sponsor an overseas resident to fill certain nominated position(s). The main criteria here are that:
- The position is in an occupation on the CSOL (Consolidated Sponsored Occupations AND
- The applicant is to be paid a base salary of at least the TSMIT (currently $53,900); AND
- Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position – in particular, the salary paid is at least at the market
To sponsor employees for 457 work visas, employers must to apply for approval of the position to be filled – this is called a nomination.
Visa ApplicationThe employee would then apply for a visa to work in Australia to fill the nominated position. This would involve providing the following evidence:
- That the employee has the required skills to fill the position and is eligible for licensing or registration
- The employee meets the 457 English
- That the employee meets the health requirements for the visa and holds suitable insurance.
Duration And Condition
The 457 visa is valid for up to 4 years, and extensions are possible. The 457 visa is subject to a condition 8107 work restriction and can only work for the sponsoring employer, unless a different employer lodges a new nomination for the employee. The visa can be cancelled if the employee ceases employment for more than 90 days, and the employee must maintain their health insurance cover.
Migration hub’s Expertise
The main issues to be aware of in applying for 457 visas are:
- Understanding the requirements for approval as a business sponsor. Many employers attempt to get approval, but are refused because they do not understand DIAC criteria;
- Sponsorship obligations are increasingly policed by DIAC. It is crucial to ensure that obligations are complied with, otherwise the employer can be locked out of the 457 program or face serious fines and penalties;
- In obtaining 457 visas, speed is of the essence to make sure that employees are able to work in Australia as soon as possible.
Migration Hub has a significant amount of experience in assisting employers to sponsor for 457 visas and to ensure ongoing compliance with sponsorship obligations. If you would like to discuss sponsoring employees for 457 visas, please contact