The 457 visa is extensively used by Australian businesses who wish to employ persons from overseas on a long term temporary basis up to 4 years in skilled occupations only. Hence, any person applying for this visa must be sponsored by an approved Standard Business Sponsor or a party to an approved work agreement.

There are 3 different stages in sponsoring an employee from overseas under this program.

STAGE 1: SPONSORSHIP

Usually, employers wishing to recruit overseas workers through the 457 scheme are required to be approved as a standard business sponsor before being allowed to nominate skilled workers from overseas. To be approved as a standard business sponsor, the sponsor must satisfy the following requirements:

• Its  business  is lawfully operating in or outside Australia (a number of business documents will be required e.g. annual reports, financial reports, organisational chart and a description of the business size).
• If the business has been trading for 12 months or more, the sponsor must meet the prescribed training benchmark for the training of Australian citizens or permanent residents (1% or 2% of the total payroll depending on the type of training expenditures).
• If the business has been trading for less than 12 months, the sponsor must have an auditable plan to meet the prescribed training benchmark.
• The sponsor must provide attestation in writing that it is employing local workers and engages in non-discriminatory employment practices.
• There is no adverse information known to the Department.

STAGE 2: NOMINATION

Only approved sponsors may proceed to the nomination stage where the sponsor, among other things, identifies a position to be filled and nominates the person to fill that position. The employer must ensure that they either have lodged a sponsorship application, had a previous sponsorship approved or applied for sponsorship at the same time as the nomination application. In order for the nomination to be approved, the employer must:

• Nominate a position to be filled from the Consolidated Skilled Occupation List (CSOL).
• Identify the skills and experience required for the position.
• Certify that the duties of the position include a significant majority of the duties of the nominated occupation listed in the ANZSCO (ANZSCO is a code listing all the occupational categories in the workforce and the job requirement for each category.)
• Certify that the nominated position is within the business or an associated entity of the sponsor.
• Ensure that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified in the ANZSCO.
• Ensure that equivalent terms and conditions of employment are provided to the nominee in comparison to other Australian workers performing similar work at the same location unless exempted.
• Demonstrate that the market salary determined is greater than the Temporary Skilled Migration Income Threshold (TSMIT).
• Ensure that there is no adverse information known to the Department about the employer.
• Demonstrate that the nominee has at least vocational English unless exempted.

STAGE 3: VISA APPLICATION

The final stage for a 457 visa is where the nominee submits an application for the visa. If you are applying for this visa, you must:

• Demonstrate that you and the occupation specified in your visa application have been approved at the nomination stage and it is still in effect.
• Have a genuine intention to perform the occupation and that the position associated with your occupation is genuine.
• Have the necessary skills and experience to perform the occupation. For some occupations, you may be required to undertake a skills assessment.
• Have at least vocational English (IELTS score of at least 5 in each component) unless exempted.
• Have the relevant licensing and registration relevant to your nominated occupation.
• Satisfy that there is no adverse information known to the Department about the nominator.
• Provide evidence that you have made adequate arrangements for health insurance during the period of your intended stay in Australia before the grant of the visa.
• Meet the character and health requirements (health waiver may be available for this visa. Please see the health/medical waiver section).

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