AUSTRALIAN TEMPORARY WORK SKILLED 457 VISA

The Australian Subclass 457 Work Visa is designed to enable Australian and overseas employers to sponsor an immigrant worker to gain entry into Australia and work as a skilled employee for up to 4 years. The visa also allows the visa holder’s family members to relocate to Australia and work or study during their stay.

Employers sponsoring workers via a 457 visa do so in two ways:

1. As a standard business sponsor (SBS) – this is the most common way
2. Via a labour agreement, usually in circumstances where:
   
   1. the sponsor is responding to ‘special labour market circumstances’,
   2. the employer is sponsoring a role that is not included in Australia’s Consolidated Sponsored Occupations List (CSOL),
   3. Sponsorship of workers is in the meat or on-hire industries.

457 Visa Employer Requirements
To qualify as a standard business sponsor, an employer must satisfy the following eligibility requirements:

• Be a legally established business and operating lawfully
• Indicate how many workers they intend to sponsor over the full term of their sponsorship

Also, Businesses IN Australia must:

• Meet the prescribed training benchmark, if they have been trading for 12 months or more (see our Prescribed training benchmark section below) 
• Have a feasible plan to meet the prescribed training benchmark, if they have been trading for 12 months or less 
• State in writing that they are firmly committed to employing Australian nationals and will not discriminate during their recruitment process
• Have met training benchmarks if they have done business in Australia for 12 or more months

Businesses OUTSIDE of Australia must show their intention to:

• Sponsor a 457 worker to set up a new business in Australia linked to an overseas business, OR
• Sponsor a 457 worker to meet contractual obligations the employer has in Australia

They must also not have been adversely mentioned about their business operations.

Prescribed Training Benchmark
Businesses in Australia which desire to sponsor 457 workers must satisfy benchmarks established for the training of Australian citizens or permanent residents. If a business has been operating for 12 months or more, it must demonstrate that it has already met the benchmark. A business which has been running for 12 months or less must demonstrate that it has a viable plan of action meant to fulfil the benchmark.

Australian 457 Visa Employee Requirements

Applicants seeking a 457 work visa must:

• Have sponsorship from an eligible employer to work in an occupation that is nominated in the Australian Consolidated Sponsored Occupations List (CSOL)
• Have the requisite qualifications, skills, and experience that fulfil the requirements of their nominated occupation. 
• Be proficient in a vocational English language and have an IELTS score of 5 in each of the four bands 
• Qualify to receive the relevant licenses related to the position 
• Be healthy and have health insurance. 
• Satisfy the character requirements, including passing a criminal record check

Family
The 457 work visa allows holders to relocate with their family to Australia. Family members can include married and unmarried/de facto partners, dependent children (of any age), and other dependent relatives. Supporting evidence must be given before family members are allowed entry in Australia.

Length of Stay
The 457 visa allows holders to stay in Australia for anywhere between 1 day and four years.