The 457 visa is the main visa used to sponsor employees to work in Australia. Overseas residents can be sponsored by either Australian or overseas businesses to fill full-time positions in Australia. The 457 gives a 4 year visa for the employee, but he or she can only work for the sponsoring employer.

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.

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 proven track record of succesfully obtaining 457 visas.

Duration and Conditions of Temporary Business Sponsorship Visa - 457

Business (Long Stay) Visa will allow the employee to travel freely to and from Australia, and to take up a full-time position with an Australian business or an overseas business seeking to establish operations in Australia. The visa can be valid for up to 4 years, and extensions are possible. The validity of the visa is dependent on the employee working for the sponsor in the original position.

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
• 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 DIMIA 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.

Do I Apply in Australia or Overseas?

If the business does not have operations in Australia, then all parts of the application must be lodged overseas. If the business has operations in Australia, then the sponsorship and nomination must be lodged in Australia. The personal visa application can either be lodged overseas or in Australia (providing the employee is in Australia and holds an appropriate visa). Note that it is also possible to sponsor employees for permanent residence - please visit our page on the Employer Nomination Scheme for further details.