Temporary Work (Skilled) Visa
Notice – The details of this scheme have been changed in April 2017. We will update this page as more details come to hand.
Temporary Work (Skilled) Subclass 457 Visa
The 457 Visa is the most commonly used visa used by employers wanting to sponsor an overseas worker to temporarily work in their business.
You need to be an approved sponsor in order to sponsor a person on a Subclass 457 Visa to work in your business.
To become an approved sponsor, you must be able to show that your business:
- Is a lawfully operating business.
- Meets training requirements (Australian businesses only) and continue to meet these requirements for the term of the sponsorship.
- Agrees to the number of Subclass 457 workers to be nominated.
- Must have a direct employer-employee relationship (if the business is outside Australia).
- Must not on-hire skilled workers (unless the occupation is exempt).
- Have no relevant adverse information against your business.
Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices. Once approved, you must comply with all sponsor obligations.
As an approved sponsor, there is no limit to the number of eligible skilled positions you can nominate.
How to Become an Approved Sponsor
There are two ways you can become an approved sponsor:
Option 1: Standard Business Sponsor (SBS)
The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the Subclass 457 visa program to fill skilled positions which cannot be filled from within the local labour market.
The procedure for persons seeking a 457 visa to work in Australia under the Standard Business Sponsorship is a 3-stage process.
Stage 1: Sponsorship Application
You need to seek approval as a Standard Business Sponsor. There are certain requirements to be met to prove that your business is lawfully and actively operating. Once approved, the SBS is usually valid for 3 years.
Stage 2: Nomination
Nomination is when an approved sponsor nominates an individual overseas skilled worker to fill a specific position in their business.
There are several requirements to nominate a position to be filled by an overseas skilled worker. These include:
- Your business must be an approved sponsor, have lodged a sponsorship application or applied for sponsorship at the same time as the nomination application.
- Your business must demonstrate a genuine need for the nominated position in their business.
- The person you nominate to fill the role must be an existing Subclass 457 visa holder, an applicant for a Subclass 457 visa holder or a proposed applicant for a Subclass 457 visa.
- The position must relate to an eligible occupation on the Consolidated Skilled Occupations List.
- Labour market testing (e.g. advertising the vacancy) must have been undertaken unless the occupation is exempt.
- The position must have equivalent terms and conditions of employment that would be provided to an Australian who performs the same duties in the same location—this is known as the market salary rate.
Stage 3: Visa Application
Your nominee needs to submit an application for a 457 visa.
Option 2: Labour Agreement
Labour agreements are made between the government and organisation for the recruitment of persons to Australia for employment or sporting activities, either on a temporary or permanent basis.