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 3 years and there is a limit to the number of employees who can be sponsored over this time.
Criteria
The application for a company sponsorship visa consists of 3 parts:
- Sponsorship Applying for approval as a business sponsor would require 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, or is a startup company which has an auditable plan to meet the 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 Sponsored 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 457 English requirement
- That the employee meets the health requirements for the visa and holds suitable health insurance.
Duration and Conditions
The 457 visa is valid for up to 4 years, and extensions are possible. The 457 visa is subject to a condition 8107 work restriction and can only work for the sponsoring employer, unless a different employer lodges a new nomination for the employee. The visa can be cancelled if the employee ceases employment for more than 60 days, and the employee must maintain their health insurance cover.
