457 Temporary Business Sponsorship Visas
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.
CriteriaThe 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:
- 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 Employer 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:
Duration and ConditionsThe 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.
Acacia's ExpertiseThe 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 the criteria;
- Sponsorship obligations are increasingly policed by the Department of Immigration. 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.