Temporary Work (Skilled) Visa (Subclass 457) – Now Closed To New Applicants

Who can leverage this visa?

The Temporary Work (Skilled) visa (Subclass 457) is for eligible employers in Australia to sponsor overseas workers who are suitably skilled for a job. Such overseas workers can obtain the ability to come to Australia to work and live temporarily.

General eligibility criteria

The Temporary Work (Skilled) visa (Subclass 457) includes three (3) stages.

1. Sponsorship stage

In the 457 visa, a sponsoring employer needs to be approved as a sponsor first. If an employer has already obtained eligibility as a sponsor, this stage is not required. Otherwise, the employer has to complete the process of applying and getting approved as a Standard Business Sponsor. Only then, an employer can sponsor overseas workers or become eligible for valid Labour Agreements. 

After receiving the approval, an employer can stay approved for a period of five (5) years. However, the validity period of an employer of a start-up business is 18 months, if the business has been running in Australia for lesser than a 12-month period. The approval period is also subjected to any remaining complaints. Businesses that have been associated with good quality, high-volume and decision-ready applications along with an impressive compliance record can submit an accredited sponsor status application. The status of an accredited sponsor stays valid for 6 years. 

The eligibility criteria to become an approved Standard Business Sponsor for the 457 working visa involves:

• The employer has to be operating the business lawfully and actively.

• The employer must meet all relevant requirements of training.

• The employer is not hiding any adverse information about the business which is relevant to the application. 

Note: There are several obligations associated with the approval of Standard Business Sponsor, which an approved sponsor has to fulfil. The breach of any obligation can cost significant sanctions/penalties. 

2. Nomination stage

The Nomination stage of temporary work visa Australia is when an approved employer identifies a job position or designation within his or her business and finds an overseas worker to sponsor for that job position. 

For the approval of a nomination, the identified job position has to fulfil these requirements:

• The position has to be a full-time one.

• The position has to have a direct type of employment relationship.

• The position has to be one of the occupations given on the CSOL or Consolidated Skilled Occupations List. 

• The position has to be genuinely required to improve the scale and scope of business. There should not be any sign that a position has been created or contrived simply to change the outcome of a visa.

• The position can’t be easy to fill locally or available readily. For that, it is essential that the employer conducts proper testing of the labour market. 

• The position’s terms & conditions can’t be more favourable than the terms & conditions offered to Permanent Residents and citizens in Australia for similar job roles. For this, an employer needs to present market conditions and rates.

• The position has to meet the requirement of TSMIT or Temporary Skilled Migration Income Threshold. 

• There has to be no adverse, relevant information related to the position as well as the business.