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:
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The employer has to be operating the business lawfully and actively.
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The employer must meet all relevant requirements of training.
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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:
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The position has to be a full-time one.
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The position has to have a direct type of employment relationship.
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The position has to be one of the occupations given on the CSOL or Consolidated Skilled Occupations List.
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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.
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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.
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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.
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The position has to meet the requirement of TSMIT or Temporary Skilled Migration Income Threshold.
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There has to be no adverse, relevant information related to the position as well as the business.