457 Temporary Business Sponsorship Visa
About This Visa
Australian or overseas employers regularly use the 457 temporary (long stay) work visa to sponsor employees to work in Australia. To sponsor employees, the business must apply for standard business sponsorship approval and once approved can then nominate employees to work in their business. Sponsorship approval is for 3 years in most cases but may be less, for example if you your business has traded for less than 12 months. This visa also allows you to bring your family to work or study in Australia and travel in and out of the country while still working for your sponsoring employer.
Sponsorship – To be approved, your business must establish, among other things, that:
- The Business is lawfully operating in (or out of) Australia
- The Business is financially viable and can meet its sponsorship obligations
- The business satisfies the training benchmarks, or if trading less than 12 months, has an auditable plan to meet the training benchmarks.
Nomination – Next the business / employer must nominate a position in their business for the worker to fill and for the nomination to be approved, it must show:
- The nominated occupation is on the CSOL (Consolidated Sponsored Occupations List);
- The applicant is to be paid a base salary of at least the TSMIT (currently $53,900 +9.25% superannuation);
- The guaranteed base salary paid is at or above the market rate and that the terms and conditions of the employment are, or would b, no less favourable than for an Australian employee working in the same or similar position.
- Labour Market Testing has been conducted in the 12 months prior to lodging the nomination ,if the position if not exempt from LMT
Visa Application – Once the nomination is lodged, the 457 can also be lodged and to be successful, the following main criteria must be met
- That the employee has the necessary skills, qualifications and (or) work experience to perform in the role and holds licensing or registration where required.
- The employee meets the 457 English language requirement
- That the employee meets satisfies health criteria for the visa and holds suitable health insurance.
The 457 visa will have condition 8107 work restriction attached to it which restricts you to working only for your sponsoring employer in the nominated position. To change occupations or employers a new nomination must be lodged and approved before you can lawfully change employment. Current DIBP policy gives 90 days grace to find a new sponsor after ceasing employment.
Employers often apply for sponsorship approval but are refused as they may not understand how to structure the application correctly or applicable law and DIBP policy. Also once approved, employers face a number of Sponsorship obligations which if breached can lead to cancellation of your sponsorship or imposition of fines or other sanctions.
Refusal of sponsorship approval or the 457 visa will have a serious impact on your business operations and profitability but this can be avoided. Let Turner Coulson guide you through the approval process using our years of experience working with Australian sponsors of overseas workers to ensure your application is successful in the shortest time frame possible
Why use Turner Coulson Immigration Lawyers?
The 457 vsa can be refused for a number of reasons. The 457 visa application application also has strict criteria which all must be met and only very limited waiver provisions for age, English language and skill requirements exist.
It is essential that the visa application is assessed, structured and lodged in a way to satisfy all applicable DIBP law and policy. Turner Coulson (Immigration Lawyer Sydney) has years of experience handling the most complex cases and achieving positive outcomes in circumstances where the applicant would have failed if we were not involved.
What to do next and how to apply?
Getting the right advice upfront is essential so contact for a free no obligation discussion with one of our advisors who are ready and waiting to assist you applying for your visa.
We will assess your situation on an individual basis and provide you with the best advice to make your stay in Australia hassle-free.