Employer Sponsored Visas – 457 Temp Work Visa

Requirements

Employer

An employer needs to be approved as a sponsor in order to employ skilled workers from overseas.

If you are an employer with a business that operates in Australia, you must meet benchmarks relating to the training of Australian citizens and permanent residents.

Generally you must demonstrate the equivalent of 1% of gross wages is or will be spent on training per annum.

If you are an employer with a business that has no formal operating base or representation in Australia, you may apply to bring employees to Australia to do one of the following:

• establish a business operation in Australia
• fulfill obligations for a contract or other business activity in Australia.
• Note: Overseas Business Sponsors do not need to be operating in Australia but may need to meet other employer eligibility requirements.
• As of 27 June 2009, there is now a requirement for sponsors under subclass 457 visa program to show that they have a strong record of, or a demonstrated commitment to:
  • employing local labour and;
  • non-discriminatory employment practices

To meet this requirement, there must be nothing adverse known about the business or a person associated with the business.

Employee

As an employee, you must meet all the following requirements:

• be sponsored by an employer to fill a nominated position
• have skills, qualifications, experience and an employment background which match those required for the position
• have English language skills equivalent the position. Passport holders of certain countries do not have to satisfy this requirement
• be eligible for any relevant licences or registration required for the nominated position if necessary.
• be able to demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa (Currently $51,400.00 AUD) and at a level consistent with an Australian employee in the Australian labour market

You can apply for this visa while you are in Australia, only if the last visa you held is on the prequalifying list.

Skill Assessment

It is a requirement in Australia that all visa applicants need to satisfy the criteria for grant of their visa. Therefore Subclass 457 visa applicants must satisfy certain skills requirements. Where necessary and for safety or to prevent fraud, Australian authorities will undertake more extensive skills assessments to confirm skills claimed by applicants.

Australia is improving its skills assessment processes to provide for formal skills testing of some trade occupations. The pilot of this arrangement will commence on 1 July 2009 and be extended as capacities are increased.