Temporary Work (Skilled) - Standard Business Sponsorship (Subclass 457)

Subclass 457 visa:

Features:

This visa allows a business to employ someone from outside Australia in a skilled job in Australia.

If you hold this visa, you can:

•     work in Australia for up to four years
•     bring your family with you
•     travel in and out of Australia as often as you want

Requirements:

You can apply for this visa if you:

•     are sponsored by an employer to fill a nominated skilled position
•     have skills, qualifications, experience and an employment background that match those required for the position
•     have demonstrated your English language ability
•     are eligible for any relevant licences or registration required for the nominated position
•     have health insurance.

How this visa works?

The subclass 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis.

A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizen or permanent resident to fill a skilled position listed in the Consolidated Sponsored Occupations List.

The information on this page provides an overview of the sponsorship - nomination - application process. Read the following information before starting any process under this visa:

•     Sponsoring - how to become a sponsor
•     Nominating - how to nominate a skilled worker
•     Applying - how to apply for a visa
•     After applying - waiting for a decision
•     Obligations - the conditions and obligations of sponsors and skilled workers under the subclass 457 visa program.

3 stages of a subclass 457 visa:

There are three stages to employing a skilled worker under the subclass 457 visa program:

1.     employer applies to be a sponsor
2.     employer nominates a position
3.     employee applies for a visa.

Applications for each of these three stages can be submitted at the same time.

Stage 1: Employer applies to be a sponsor

The employer applies to become a sponsor. This can be through one of two arrangements:

    applying for standard business sponsorship
    negotiating a labour agreement with the Australian Government.

The employer can be an Australian business or a business outside Australia.

If the sponsorship application is approved, the business becomes an approved sponsor. This is valid for three years.

Stage 2: Employer nominates a position

The approved sponsor nominates a skilled worker to fill the position. The skilled worker must be paid the appropriate market salary for the position in Australia. The position must be an eligible occupation.

A nomination is valid for up to 12 months unless the sponsorship ceases beforehand.

Stage 3: Employee applies for a visa

The skilled worker applies for a visa to work for the approved sponsor in Australia. The support of a sponsor is needed for an application for a subclass 457 visa to be valid. A visa may be valid for up to four years.

OBLIGATIONS:

It is very important for the visa applicant and the employer (sponsor) both to realise that there are a number of obligations that both have to meet.  Please click the link below and go through the details of each and every obligation before you make a decision about sponsoring someone as an employer or applying for a 457 visa as an applicant. 

http://www.immi.gov.au/skills/skillselect/index/visas/subclass-457

MONITORING AND SANCTIONS:

The department will monitor your compliance with the sponsorship obligations. The department will also monitor the subclass 457 visa holders you have sponsored, to ensure they are abiding by their visa conditions.

Approved sponsors are routinely monitored. The department also responds to information, such as allegations or media reports. This can take place during the approved sponsorship period and for up to five years after the sponsorship approval ceases.

The department monitors sponsors in three main ways:

1.     by exchanging information with other Australian, state and territory government agencies
2.     through written requests to the sponsor to provide information in accordance with the sponsorship obligations
3.     by visiting businesses with or without notice.

If you fail to meet your obligations, the department may impose the following sanctions:

•     you could be barred from sponsoring more people until a specified date
•     you could be barred for a specified period from applying to be a sponsor until a specified date
•     one or more of your existing approvals as a sponsor could be cancelled
•     you may be ordered by a court to pay a fine for each failure of up to AUD33 000 if you are a body corporate and AUD6600 if you are an individual
•     you could be issued an infringement notice for each failure of up to AUD6600 if you are a body corporate and AUD1320 if you are an individual.

In addition, you could also have sanctions imposed if:

•     you provided false or misleading information to the department or the Migration Review Tribunal
•     you no longer satisfy the criteria for approval as a standard business sponsor or for variation of that approval
•     you have been found by a court or competent authority to have contravened a Commonwealth, state or territory law
•     the person you sponsored is found to have contravened a law relating to the licensing, registration or membership required in order to work in the nominated occupation.

The type of actions that may be taken varies depending on whether the sponsor is a standard business sponsor or a party to a labour agreement.

If you have sponsored someone under a labour agreement, the department may suspend or terminate the labour agreement in accordance with the clauses of the particular labour agreement.

If you wish to discuss this visa further or receive professional advice please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or give us a call on +61-2-81880740.