457 Visa
Temporary Work Visa
(This Visa is closed to new applications, and replaced by TSS Visa)
457 Visa allowed overseas skilled workers to work in their nominated occupation for their approved sponsor. The Department of Immigration and Border Protection (DIBP) has made drastic changes to 457 program recently. From 1ST Jul 2017, the holder is allowed to remain up to 4 years in Australia if the occupation is listed on the Medium and Long-term Strategic Skills List (MLTSSL), and 2 years if it is listed on the Short-term Skilled Occupation List (STSOL) unless 4 years required to meet Australia’s International Trade Obligations. A four-year visa period is also available for certain occupations in specific scenarios, e.g Executive or senior manager, ICT occupations, etc
The process involves 3 stages:
- Sponsorship
- Nomination
- Visa application
Free Employer Hotline Free Visa Wizard Schedule a Consultation
Sponsorship
Under the Temporary Work Visa, there are 2 options to be an approved sponsor:
(1) Standard Business Sponsor (SBS)
The most common way to sponsor temporary skilled workers from overseas which is usually valid for 5 years. To be an approved SBS, you must: (1) not engage in discriminatory recruitment practices, and have a strong record of or demonstrate the commitment to employing local labour; and (2) meet the training benchmark. On 1st Jul 2017, the DIBP clarified the ‘acceptable expenditure’ for the Training Benchmark B (TBB), e.g the definitions of Graduates and the formal course of study.
The training benchmark requirements will cease with the introduction of the new Skilling Australians Fund (SAF) arrangements from March 2018.
(2) Labour Agreements (LA)
Negotiated between the employer, employer group or industry group, and the Commonwealth Government via DIBP & DEEWR. Entering into LA generally enables larger employers, a group of employees, or industry groups to sponsor overseas workers.
If the business is seeking to employ subclass 457 visa holders in any occupation not included in the list of eligible occupations or Australian and New Zealand Standard Classification of Occupations (ANZSCO), then the business will be required to enter into a labour agreement.
There are 4 'streams in 457 Labour Agreements:
- DAMA - Designated Area Migration Agreements
- Project Agreements / Enterprise Migration Agreements
- Company Specific - On-Hire Labour Agreements
- Industry Specific Agreements (such as Meat Industry, Aged Care etc in desperate shortage)
Nomination
The sponsoring business should identify and provide evidence that: (1) the position and the need to fill the position is genuine; (2) has identified the vacant position, the skill set required, and the applicant to fill in the position; (3) the terms and conditions of employment is met; (4) Temporary Skilled Migration Income Threshold (TSMIT) is met; and (5) Labour Market Testing is met.
Visa Application
To be eligible for Visa 457, the applicant must be nominated by an approved sponsor and meet all the criteria: (1) qualifications and work experience; (2) positive skills assessment, if required; (3) language proficiency, unless an exemption applies; the salary exemption with $96,400 has been removed from 1st Jul 2017. and (4) meet health and character requirements.
Independent Migration
No.
Employer Nomination
Required.
Maybe an employer or an industry group.
State/Territory Government Nomination
Not required.
Family/Relative Sponsorship
Not required.
Permanent Migration Pathway
There are permanent residence (PR) visas available under a Labour Agreement (LA), being Subclass 186 and Subclass 187.
Employment Prospects
Contact us for assistance with migrant employment solutions. If you match the skills requirements of an Australian employer, we can also help you with visa options.
LATEST JOBS
LATEST NEWS
Our Divisions
MARN # 0746305, 0853698, 0854833, 1171971
MARN # 0746305, 0853698, 0854833, 1171971