SUBCLASS 457 VISA
The 457 Visa is a quick and cost-effective way for employers to secure skilled workers for their business and for employees to obtain work in Australia. The 457 allows employees and sponsoring employers to establish a positive and ongoing working relationship.
A 457 visa allows you to work in Perth or other areas in Australia for a short (a few months) or longer duration (up to 4 years). The Subclass 457 visa can also be renewed or the employee can use it as a gateway to a permanent visa through Skilled Independent 189 or State Sponsored 190 visa programs.
Due to the 457 visa requirements, in Perth and interstate, the employee must maintain employer sponsorship to retain their visa. There are benefits for the visa holding employee remaining with their sponsoring employer. There are permanent visa pathway options through Employer Nomination 186 or Regional Skilled Nomination 187 visas.
How the Subclass 457 Visa works in Perth and the rest of Australia
Stage 1: Employer Sponsorship Application
Employer Sponsorship requirements:
Company is lawfully and actively operating
Company has a sound business record and lawfully operates within immigration laws (legal benchmark)
Company has and will continue to train staff or be able to meet training benchmark alternatives Benchmarks A (2% of payroll) or B (1% of payroll)
Company can be a Start Up Business – trading for less than 12 months – (must have an auditable plan to meet training benchmarks)
Company can be an Overseas Entity (Contact Us To Find Out More)
Once obtained Sponsorship approval is valid for 3 years and it enables you to sponsor a designated number of employees.
Note: the Business can be any of the following entity types: a company, trust, partnership or registered business name
Stage 2: Position Nomination
Company is an approved Employer Sponsor (see above)
The position / occupation is on the Consolidated Skilled Occupation List (CSOL)
Nominee has the skills and experience required to fill the position – in some cases they’ll need a Skills Assessment
The position is to be paid at the market salary rate and this must not be below TISMIT (minimum salary level)
The terms and conditions for the position must meet the minimum standards set out by Australian employment law and be comparable to an Australian Citizen, Permanent Residence or Eligible New Zealand Citizen working in the same occupation
Stage 3: 457 Visa – Perth & Australia Application
The Employer Requirements:
Company holds current Employer Sponsorship status
The nominated position is approved by Department of Immigration & Border Protection (DIBP)
The Employee Requirements:
Matches the skills and experience profile of the position (suitably qualified)
Is able to pass Character and Health Requirements (must hold private health cover for their stay in Australia)
Hold the necessary licensing or registration for certain occupations
Meet English language, age, qualification requirements and in some cases a skills assessment is required
Note: The visa application must either be lodged after the sponsorship and nomination, or at the same time.
Employer Sponsorship Obligations
As an approved sponsor for a Subclass 457 visa, Perth and interstate businesses will need to meet various sponsorship obligations.
These obligations include:
Notifying DIBP about changes of circumstances affecting their approval as a Standard Business Sponsor
Keeping DIBP up to date on changes to the sponsored employees’ position details
Letting DIBP know when employees cease employment
Paying for return travel costs for sponsored employees and their family members on completion of their employment in Australia
Responding to DIBP monitoring requests – DIBP will physically visit your site and check all documentation as stipulated for an Approved Sponsor.
Many businesses are unaware of the full extent of these sponsorship obligations and as a result, do not meet the notification deadlines or fail to keep adequate records. Breaches of your sponsorship obligations can be quite serious with employers risking their approved status, being barred from being an Approved Sponsor and face hefty fines.
Overseas Business Sponsorship – 457 Visa
It is also possible for employers who do not have operations in Australia to sponsor employees for the Subclass 457 visa program. In this case, the employer does not have to show that they train Australians in their business.
However, it can be more complex than applying through an Australian business for the following reasons:
The application can only be lodged in paper format, not online and processing time is generally longer
Employees must be overseas at the date of lodgement, which means they do not obtain bridging visas and may need to depart Australian for lodgement
The 457 visa holder must work directly for the sponsor, rather than a “related entity” as for Australian business sponsors
For overseas companies entering Australia for the first time, Modern Migration Australia provides services that will streamline the process and assist with workforce planning. Managing the application process and personnel movements is what we do best.
For more information on obtaining a 457 visa, contact our Perth office (08) 6555 7718.