This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis.
The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years.
Who is eligible for a Temporary Work (Skilled) Visa?
Employers can be either Australian businesses or overseas businesses to make an application. This visa is for employers who would like to employ overseas workers to fill nominated skilled positions in Australia. With this visa you can employ overseas workers for a period of between three (3) months and four (4) years in occupations that appear on the Skilled Occupation List. Note for start up businesses the initial visa period available is 12 months.
Employer & Position Requirements for the Temporary Skilled Visa (Subclass 457)
An employer needs to be approved as a sponsor in order to make an application 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 a business which is operating outside Australia, with no operations in Australia, you must be able to demonstrate that your application for approval as a standard business sponsor will enable you to:
- employ a subclass 457 holder who will establish, or assist in establishing, a business operation on your behalf in Australia with overseas connections, or
- fulfil, or assist in fulfilling, one of your contractual obligations
Employee & Position Requirements for the Temporary Skilled Visa (Subclass 457)
As an employee, you must meet all the following requirements:
- be sponsored by an employer to fill a genuine nominated position
- have skills, qualifications, experience and an employment background which match those required for the position
- have English language skills equivalent to allow immigration for the position. Passport holders of certain countries do not have to satisfy this requirement
- be eligible for any relevant licences or registration required to allow immigration 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 and at a level consistent with an Australian employee in the Australian labour market
Australia requires all visa applicants to satisfy the criteria for grant of their visa, thus Subclass 457 visa applicants must satisfy certain skills requirements. Where necessary for safety or to prevent fraud, Australia will undertake more extensive skills assessments to confirm skills claimed by applicants.