Temporary Business Sponsorship

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 lasts for 2 years and permission will be given to sponsor a certain number of employees over this time.

Criteria

The application for a company sponsorship visa consists of 3 parts:

1. Sponsorship Applying for approval as a business sponsor would require the business to provide details to show:

• The sponsor is a lawful, operating business
• That Australia will benefit from the business employing overseas nationals
• The sponsor is able to meet its sponsorship obligations
• That the business has a commitment to training Australian residents or introducing new technology or business skills to Australia (businesses operating in Australia only).

2. 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 457 occupations list; AND
• The applicant is to be paid at least $43,440 per year for non-ICT workers or $59,480 for most ITC professional positions.

3. 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
• That the employee meets the health requirements for the visa.

Duration and Conditions

The 457 visa is valid for up to 4 years, and extensions are possible. The employee can only work for the sponsoring employer, and the visa can be cancelled if the employee ceases employment.

Acacia's Expertise

The main issues to be aware of in applying for 457 visas are:

• Understanding the requirements for approval as a business sponsor. Many employers attempt to get approval, but are refused because they do not understand DIAC criteria;
• Sponsorship obligations are increasingly policed by DIAC. It is crucial to ensure that all obligations are complied with, otherwise the employer can be locked out of the 457 program or face serious fines and penalties;
• In obtaining 457 visas, speed is of the essence to make sure that employees are able to work in Australia as soon as possible.

Acacia Immigration has a significant amount of experience in assisting employers to sponsor for 457 visas and to ensure ongoing compliance with sponsorship obligations. If you would like to discuss sponsoring employees for 457 visas, please contact us.