Temporary Work (Skilled) subclass 457

The Temporary Work (Skilled) visa (457) programme is designed to enable employers to address short to medium term labour shortages.  Contact our Migration Agent Perth, to conduct an assessment of your application prior to submission.   The below information provides a general guide but does not cover all the specific and complicated requirements for this visa subclass.  The subclass 457 visa is the most commonly used programme for employers to sponsor overseas workers to work in Australia on a temporary basis. Businesses can employ overseas workers for up to 4 years in skilled occupations only.

There are three stages in sponsoring an employee from overseas under the 457 visa programme:

Sponsorship: The employer applies for approval as a standard business sponsor.

Nomination: The employer nominates an occupation for a prospective or existing subclass 457 visa holder.

Visa application: The person nominated to work in the nominated occupation applies for the subclass 457 visa.

Nomination

The nominated occupation must correspond to an occupation specified in a legislative instrument current at the time of nomination decision.   Some occupations while appearing on the instrument are caveated to exclude use in certain situations under the standard subclass 457 programme.  Where required, the nomination is supported by an organisation specified by legislative instrument.

The position in which the nominated occupation will be performed will provide terms and conditions of employment to 457 visa holders that are ‘no less favourable’ than the terms and conditions provided, or that would be provided, to Australian citizens or permanent residents for performing equivalent work in equivalent position/s in the same location

The base rate of pay for an Australian worker performing the nominated occupation must be greater than the temporary skilled migration income threshold (TSMIT)

The nominated visa applicant has the qualifications and experience as specified for the ANZSCO nominated occupation.

The position associated with the nominated occupation is genuine.

The employer may need to conduct labour market testing.  That is, demonstrate that no suitable Australian resident or eligible temporary visa holder is available to fill the position.

Some nominations have are requirement to provide evidence of labour market testing (LMT) unless international trade obligations apply. Evidence of LMT must be provided with a nomination unless exempt.

457 Visa process

All subclass 457 primary visa applicants must meet generic requirements, as well as additional specific requirements depending on whether they are being nominated by a standard business sponsor or are applying under labour agreement.

The nominated occupation must be specified in the legislative instrument current at the time of visa decision.  Unless certain exemptions apply, the visa applicant is employed to work in the occupation and in a position with the sponsor (or an associated entity if working for a sponsor who was assessed as operating a business in Australia when their sponsorship was approved).  The 457 visa applicant must have a genuine intention to perform the nominated occupation, and the position associated with the nominated occupation is genuine.

The visa applicant must have the skills, qualifications and employment background that are relevant and necessary to perform the tasks of the nominated occupation.  If required, the visa applicant must submit a success skill assessment for that nominated occupation.  The visa applicant must have a specified level of English language proficiency.

Genuine intention and position

Recently employers are finding DIBP are refusing nominations on the grounds of not meeting the genuine position requirements.  Ensure you engage a registered migration agent to manage your application.  The position associated with the nominated occupation must be genuine; and the visa applicant’s intention to perform the occupation is genuine

Skills, qualifications and experience

The primary visa applicant must have the ‘skills, qualifications and employment background’ necessary to perform the nominated.  In some instances the visa applicant may be requested to provide additional evidence or required to undergo a ‘skills assessment’

Health insurance

The primary applicant has adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia. The visa applicant must provide, before visa grant, evidence of adequate arrangements for health insurance in Australia during the period of their stay.

Character

All family members including in the application must also meet character requirements.