Employer sponsored 457 visa

This visa is a temporary working visa valid from 3 months to 4 years. It allows the holder to work with the sponsoring employer and to perform duties within the nominated position.

It is the most commonly used program for sponsoring overseas workers to work in Australia on a temporary basis.

There are three steps in the process of obtaining 457 visa:

Step 1: An Employer that wishes to sponsor overseas employees must obtain approval for business sponsorship. This allows the business to sponsor a specific number of people. This is valid for 2 years or until the approved number of positions is filled.

For approval as a Standard Business sponsor a business must demonstrate that it:

• Is a lawful and actively operating business
• Will be the direct employer of the temporary business entrant
• Has a good business record and complies with immigration laws
• Will bring a benefit to Australia through the employment of a temporary resident and
• Will advance skills through technology or training.

Step 2: An Employer must nominate the position that should be filled. The nominated occupation must be one of the listed occupations on ENSOL or SOL and must be paid a minimum salary as specified by legislation.

Requirements for a nomination to be approved:

• The employer is an approved Standard Business Sponsor
• The position relates to an occupation which meets the minimum skills threshold
• The position is to be remunerated at or above the minimum salary level based on a 38 hour working week, and in line with Australian workplace laws and awards
• The position must be for full time employment and the sponsor must outline the duties, roles and responsibilities involved.

Step 3: A prospective employee applies for a Temporary Business Long Stay subclass 457 visa.

The requirements that must be satisfied for a Temporary Business Long Stay subclass 457 visa applications are:

• Employer has to have an approved and current business sponsorship
• Nominated position must be approved
• Position was not created solely in order to gain a visa for the applicant
• The main applicant must have skills and experience required for the position that was nominated
• The main applicant will be paid a salary indicated in the nomination or higher and will meet the criteria of at least the minimum salary level as proposed
• The main applicant must have personal attributes as required by proposed employment in Australia
• The main applicant has the English language skills required for the position
• The main applicant must meet health and character requirements.

Employer's responsibilities for obtaining subclass 457 visa are to:

• Apply to be a sponsor to recruit overseas workers
• Nominate the positions you want to fill
• Recruit the overseas workers to fill the nominated positions
• Act as a sponsor for candidates applying for a visa
• Cooperate with department's monitoring requirements
• Meet costs and other obligations as part of the program.

Candidate's responsibilities for obtaining subclass 457 visa are to:

• Accept the offer of employment from the employer
• Apply for visa
• Meet the conditions on their visa