Please note that this visa was discontinued from 17 March 2018. From 18 March 2018 the 482 TSS visa came into effect
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The Australian Subclass 457 Work Visa allows Australian and overseas employers to sponsor an immigrant worker to enter Australia for up to 4 years in order to engage in skilled work. The visa holder's family members can also gain entry to Australia, and may work and/or study during their stay.
Once a person enters Australia on a 457 work visa, there is no limit to the number of times he or she can enter and leave the country during the time frame of his or her visa.
Sponsorship
Most employers who sponsor workers via a 457 visa do so as a standard business sponsor, but in some circumstances employers may also sponsor via a labour agreement instead. A labour agreement is required in the following circumstances:
Sponsorship is sought for workers in the meat or on-hire industries
The sponsor is seeking to address 'special labour market circumstances'
Sponsorship is sought for a role that is not on Australia's Consolidated Sponsored Occupations List (CSOL)
For more information on labour agreements please see our labour agreement section below.
Australian 457 Visa Employer Requirements (Standard business sponsor)
For an employer to be eligible to apply, as a standard business sponsor, for a worker or workers to come to Australia under a 457 visa, they must meet the following eligibility requirements:
Be a lawfully operating business
Specify the number of workers they wish to sponsor over the full term of their sponsorship
Businesses IN Australia must:
Meet the prescribed training benchmark, if they have been trading for 12 months or more (see our Prescribed training benchmark section below)
Have a viable plan to meet the prescribed training benchmark, if they have been trading for 12 months or less
Declare in writing that they have a strong commitment to employing Australian nationals and will not discriminate in in any way in regards to recruitment
Have fulfilled any training requirements under their last period as a 457 sponsor, if applicable
Businesses OUTSIDE of Australia must:
Intend to sponsor a 457 worker to establish a new business in Australia with connections to an overseas business, OR
Intend to sponsor a 457 worker to fulfil contractual obligations the employer has in Australia
Have no 'adverse information' pertaining to them (for more information see our Adverse Information section below)
Must not have taken any action which resulted in a third party paying costs related to the employer becoming a sponsor or recruiting a 457 worker
Labour agreements
A labour agreement is an agreement between an employer and the Australian Department of Immigration and Border Protection which allows employers to sponsor 457 workers in circumstances not covered by the standard business sponsor category, such as when:
Sponsorship is sought for workers in the meat or on-hire industries
The sponsor is seeking to address 'special labour market circumstances'
Sponsorship is sought for a role that is not on Australia's Consolidated Sponsored Occupations List (CSOL)
There are 4 types of labour agreement:
company specific labour agreements
industry labour agreements
designated area migration agreements
project labour agreements
Company specific labour agreements
These agreements are made on a case by case basis, and only where there is a labour shortage that is not already covered by another type of labour agreement.
Industry labour agreements
Industry labour agreements are made between the Australian Department of Immigration and Border Protection and industry leaders to combat persistent labour shortages in that industry. Terms and conditions for these agreements are set in advance, and cannot be negotiated by individuals or companies. Industry labour agreements are currently in place for the meat industry and the on-hire industry.
Designated area migration agreements
Designated area migration agreements are designed to address labour shortages in specific Australian states, territories and regions. Each agreement has its own terms and conditions. To check if your business falls under one of these agreements please contact us.
Project labour agreements
Project labour agreements combat labour shortages in large scale resource or infrastructure construction projects. Each agreement is negotiated with companies that oversee resource or infrastructure construction projects, after which employers can apply to be endorsed by the project company. If you think you may be eligible to take advantage of a project labour agreement please contact us for further assistance.
Prescribed training benchmark
Businesses in Australia that wish to sponsor 457 workers must meet a benchmark for the training of Australian citizens and/or permanent residents. Businesses which have been operating for 12 months or more must demonstrate that they have already met the benchmark, while those operating for 12 months or less less must demonstrate that they have a viable plan of action for meeting the benchmark.
Overseas businesses do not need to meet the prescribed training benchmark.
Some examples of ways to meet the benchmark include:
Funding formal study for your Australian employees, or for Australian TAFE or university students
Funding a scholarship or your Australian employees, or for Australian TAFE or university students
Employing apprentices, trainees, or recent graduates
Employment of someone for the specific purpose of training Australian citizens or permanent residents
Adverse information
In order to gain approved sponsor status employers must have no adverse information against them pertaining to the last 3 years, such as records of insolvency or unlawful activity. However, the Australian Department of Immigration and Border Protection can disregard certain adverse information at their discretion.
Examples of adverse information include, but are not limited to:
- A record of unlawful activity under Commonwealth, state or territory law, including being subject to administrative action that falls short of a criminal conviction
Being under investigation for unlawful activity under Commonwealth, state or territory law
Having been insolvent under the definitions found in subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
For the purposes of the adverse information conditions only unlawful activity relating to the following matters are considered:
discrimination
immigration
industrial relations
occupational health and safety
people smuggling and related offences
slavery, sexual servitude and deceptive recruiting
taxation
terrorism
trafficking in persons and debt bondage
Australian 457 Visa Employee Requirements
Employees applying for a 457 work visa must:
Be sponsored by an eligible employer to work in a nominated occupation on the Australian Consolidated Sponsored Occupations List (CSOL)
Have skills, qualifications, and experience which match the requirements of their nominated occupation.
Have vocational English language proficiency: International English Language Testing System (IELTS) score of 5 across all four test components
Be eligible for any relevant licenses associated with the position
Meet various health requirements, including having health insurance.
Meet the character requirements, this usually means a criminal record check
Length of Stay
Applicants can apply to stay in Australia for between 1 day and 4 years on this visa.
Family
457 work visa holders can bring their family with them to Australia. Family members covered by this visa include married partners, unmarried/de facto partners, dependent children (of any age), and other dependent relatives. Family members will be required to provide supporting evidence before they are allowed entry in Australia.
Married Partners
In order to include your married partner on your 457 visa you will require a copy of your marriage certificate.
Unmarried/De Facto Partners
In order to bring your unmarried/de facto partners to Australia you will need to prove that you have been living together as a couple for at least 6 months. Tenancy agreements, rent slips, and shared bills are examples of suitable evidence. For advice on your specific case please contact us.
Dependent Children
Children under the age of 18 can be included on your 457 visa with the provision of their birth or adoption certificate. To bring children over the age of 18 to Australia you will need to prove that they are significantly or entirely dependent on you to meet their basic financial needs (such as food and housing), and have been for a significant period of time leading up to your visa application.
Other Dependent Relatives
The rules for other dependent relatives are similar to those for dependent children; relatives can be included on your application if you can prove that they are significantly or entirely dependent on you to meet their basic financial needs (such as food and housing), and have been for a significant period of time leading up to your visa application.
Applications
Either the employer or the worker can apply for this visa. Workpermit.com's team of immigration specialists can also handle every stage of the application process. For help and advice with your 457 visa application please contact us on:
0344 991 9222
or at london@workpermit.com for assistance.
Further Information, help, and advice
Workpermit.com has over twenty years of experience helping people immigrate to countries all over the World. If you feel that you can pass the points test and wish to immigrate to Australia, fill out our free assessment form and one of our representatives will contact you shortly.
For more information and advice on Australian immigration law and Australian visa applications please contact us on 0344 991 9222 or at london@workpermit.com
