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 5 years and there is a limit to the number of employees who can be sponsored over this time.
A buisness wanting to sponsor an overseas resident must follow a 3 Step process (1) application for sponsorship (2) application for nomination (3) visa application.
- Sponsorship Applying for approval as a business sponsor requires the business to provide details to show:
- The sponsor is a lawful, operating business
- The sponsor has the financial ability to meet its sponsorship obligations
- That the business meets certain training benchmarks
- 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 Skilled Occupations List); 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 rate.
- Visa Application The 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 any required licensing or registration
- The employee meets the English requirement.
- That the employee meets the health requirements for the visa and holds suitable health insurance.
Duration and Conditions
The 457 visa is generally valid for up to 4 years. The 457 visa is subject to a condition 8107 work restriction and a 457 visa employee can only work for the sponsoring employer, unless a different employer lodges a new nomination for that 457 visa 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.
We provide advice and assistance at all stages. Contact us for advice on 457 visa requirements and business sponsorship obligations to ensure a successful outcome for both employer and employee.