This visa allows Australian and overseas businesses to sponsor skilled employees to work in Australia.
1. A 457 visa can be granted for a or a term of up to 4 years. Further applications can be made.
2. The main visa holder is subject to condition 8107 and must work in the approved occupation for their sponsoring employer. Secondary employment is not permitted. There are provisions in place to allow flexibility of employment arrangements for medical practitioners and general managers.
3. The occupation must be on the Consolidated Sponsored Occupation List (CSOL) and the nominee must meet the skill requirement for the position as set out in ANZSCO.
4. The 457 nominee must meet the English language requirement. Exemptions are in place for passport holders from the UK, USA, Ireland, Canada and NZ, those who have studied English consecutively for 5 years or more at secondary level or above and those earning a salary above $96,400.
5. The position must pay above the Temporary Skilled Migration Index Threshold (TSMIT) of $53,900 exclusive of superannuation and the position must be remunerated in line with the current market salary rate.
6. If the occupation is subject to licensing, registration or membership the nominee must hold the appropriate licensing or registration to commence work on the visa within 90 days of grant of the visa if onshore, or 90 days from date of entry if offshore. The only exception is for medical practitioners who must meet registration requirements prior to grant of the visa.
7. The sponsoring business may need to undertake Labour Market Testing to show the position cannot be filled locally.
8. Skill assessments are required for certain occupations. This is generally restricted to tradespersons with passports from listed countries or the occupations of Program/ Project Administrators or Specialist Managers nec.
9. All 457 visa holders must hold adequate health insurance for the duration of their stay.
10. Applicants can be onshore or offshore at time of application and decision. 457 visa holders must commence work within 90 days of arrival in Australia or within 90 days of visa of grant if already onshore.
11. If the 457 primary visa holder ceases working for their sponsoring employer, they have 90 days to lodge a nomination application to change employers, a new visa or to depart Australia.
12. To change employers a nomination application must be lodged and approved before the 457 visa holder can commence work for the new sponsor. The same applies to a change in occupation.
13. Up to 12 months approved Leave Without Pay (LWOP) is allowed on a 457 visa.
14. 457 holders have the same employment law rights as Australian employees under the Fair Work Act, including holiday, sick leave, compassionate leave, maternity and parental leave.
15. The secondary visa holder (partner) has unrestricted work rights.
16. A subsequent application can be made to add family members to an approved 457. A partner must evidence at least 6 months of living in a defacto relationship, unless already married.
17. Families on 457 visas may be required to pay tuition fees for children attending public schools in NSW and WA.
18. The 457 visa is a common pathway to residency through the Employer Nomination Scheme. There are provisions now in place for 457 visa holders affected by a change in business ownership, whereby the nominee may still be eligible to apply under ENS.
19. The current turnaround time for a 457 visa is 8-10 weeks due to heightened security checking and assessment by the Department to ensure the position in the business is genuine and has not been created to secure a migration outcome.
20. Certain occupations are subject to higher scrutiny by the Department such as Customer Service Manager, Recruitment Specialists, Marketing Specialists, Accountants, Café and Restaurant Managers and positions in a family run business.
It is important that employers and employees understand the stringent requirements to lodge a successful application. Given the longer processing time-frames and scrutiny by DIBP it is critical that applications are lodged decision ready to satisfy the DIBP officer that your application is genuine.
At Southern Cross Alliance we have over 20 years’ experience in the area of employer sponsorship. Contact one of our experienced Registered Migration to discuss your options.