457 visa (Temporary Skilled – Long Stay) is the most commonly used program that allows employers to sponsor overseas workers to fill nominated skilled positions in Australia on a temporary basis.

Subclass 457 — Temporary Work (Skilled)

DESCRIPTION

The Subclass 457 — Temporary Work (Skilled) is designed for employers to sponsor overseas workers to fill nominated skilled positions in Australia on a temporary basis. In addition, the Department may grant this visa for up to four years. To be eligible for Subclass 457, the candidate’s occupation has to be included on the Consolidated Skilled Occupation List.

There are three steps involved when applying for this visa:

1. Standard Business Sponsorship

The employer or sponsor has to apply for Standard Business Sponsorship to be able to sponsor an employee to work for the business. Once approved, the employer may nominate an employee to apply for Subclass 457.

When applying for Standard Business Sponsorship, the Department will require the sponsor to provide documents that training requirements are met by the business. For businesses operating for 12 months or more, there are two ways to meet the training requirement and sponsor has to satisfy either:

• Training Benchmark A: recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business; or
• Training Benchmark B: recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business.

For businesses operating for less than 12 months, the employer has to provide an auditable plan on how the business will meet the training benchmarks and it has to include:

• Forecast payroll for the next 12 months
• Intended expenditure towards either training benchmark
• How the business will implement the plan
• For training benchmark B, clearly articulate the type and duration of training, and the estimated cost of delivering the training.

2. Nomination for Subclass 457 — Temporary Work (Skilled)

If the Department approves the application for Standard Business Sponsorship, the employer or sponsor may nominate the employee to fill the nominated position in an approved business. In addition, the Department will assess whether the employee has the skills and experience for the position.

Furthermore, the employer or sponsor has to satisfy the Labour Market Testing required by the Department. Evidences of job advertisement to fill the position by local labour or documents showing that the business attempted to hire local labour will be required by the Department at the time of application.

Moreover, the employer or sponsor also has to provide documents showing that the terms and conditions in the employment agreement offered to the candidate are equal to Australian citizens or permanents residents if the position is offered to an Australian citizen or permanent resident.

3. Visa Application

To be eligible for Subclass 457, the employee being sponsored must:

• Have the skill requirements for the nominated occupation.
• Have the required registration and licence to perform the occupation.
• Provide evidence that you have taken the IELTS exam and attain 5.0 in reading, listening, writing and speaking. Unless you are exempted by the Department. Furthermore, exemption applies for passport holders from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America.
• Have adequate health insurance unless you are covered by Medicare.
• Have satisfied the character requirements by the Department.

CONCLUSION

In conclusion, you may include your partner and children when applying for this visa. This visa will allow you and your family to live in Australia for up to four years. Lastly, you may travel in and out of Australia as often as you want while holding this visa.

For more information on this visa please contact us now.