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Temporary Work Visas

Temporary Business Long Stay – Standard Business Sponsorship (subclass 457)

A program for employers to sponsor approved skilled workers to work in Australia on a temporary visa. Employers can nominate a number of positions for different occupations under the same sponsorship application.

This is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. There are also special arrangements for employers in regional areas across Australia.

Employers can be either:

  • Australian businesses
  • Overseas businesses.

Who is this visa for?

This visa is for employers who would like to employ overseas workers to fill nominated skilled positions in Australia. The 457 List is prepared by the Australian Government to identify specific occupation shortages in Australia. You must be able to demonstrate your work experience and/or qualifications matches an occupation that is on the 457 List.

457 Occupations

What does this visa let me do?

With this visa you can employ overseas workers for up to four (4) years.

With this visa those people you employ from overseas can:

  • work in Australia for a period of between one (1) day and four (4) years
  • bring any eligible secondary applicants with them to Australia – secondary applicants can work and study
  • after entering Australia, have no limit on the number of times they travel in and out of Australia.

An employer needs to be approved as a sponsor in order to employ skilled workers from overseas. The following requirements must be met for an employer to become a sponsor.

Employers Obligations

Minimum Salary Levels

Employers must pay at least the Minimum Salary Level (MSL) to primary Subclass 457 visa holders. A higher salary must be paid where required under workplace law or where negotiated between the employer and visa holder.

Lawfully and actively operating business

The employer must be lawfully operating a business that is actually and actively engaged in business activities. Example: A business that exists on paper only (for example a shelf company) is not acceptable. New businesses or business proposals may be considered if there is clear evidence of intention to establish the business.

Direct employer of the employee

The sponsor must be the direct employer of the employee. The direct employer is usually responsible for such things as:

  • payment of salaries
  • PAYG tax instalments
  • superannuation
  • conditions of employment
  • day-to-day supervision of the employee.

For groups of related companies, the direct employer can be related to the approved sponsor. For example, the head company of a corporate group of companies in Australia may be approved as a sponsor while a subsidiary company is the direct employer.

Good business record and abide by immigration laws

To meet this requirement:

  • there must be nothing adverse known about the business
  • if the employer has previously sponsored employees to Australia, they must have a satisfactory record of complying with immigration laws
  • the activities of the business must not be illegal in Australia.

Benefit to Australia

The employment of skilled workers from overseas must benefit Australia. For example, the arrangement could:

  • provide employment for Australian citizens or Australian permanent residents
  • expand Australian trade in goods or services
  • improve business links with international markets
  • improve competitiveness within the sectors of the Australian economy.

Advance skills of existing workforce

The employer must also demonstrate that their Australian business operations will meet one of the following requirements:

  • introduce, use or create new business skills
  • introduce, use or create new or improved technology
  • have a satisfactory record of, or a demonstrated commitment towards training Australian citizens and Australian permanent residents.

Overseas business sponsors

If you are an employer with a business that has no formal operating base or representation in Australia, you may apply to bring employees to Australia to do one of the following:

  • establish a branch or other business activity such as joint ventures, agency distributorships or subsidiary branches in Australia
  • fulfil obligations for a contract or other business activity in Australia.

Note: Overseas Business Sponsors do not need to be operating in Australia but must meet all other employer eligibility requirements.

Regional employer concessions

If you are an employer in a regional area in Australia you may be eligible for concessions in meeting the minimum salary and skill level requirements for your nominated position.

Employee Obligations

As an employee, you must meet all of the following requirements:

  • be sponsored by an employer to fill a nominated position
  • have skills, qualifications, experience and an employment background which match those required for the position
  • have English language skills equivalent to a score of at least 5 in each of the four test components in an International English Language Testing System (IELTS) test, or higher where required for licensing/registration/membership. You may also be required to demonstrate these skills through a formal test, unless you have been exempted under the regulations
  • be eligible for any relevant licences or registration required for the nominated position
  • 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.
  • you can apply for this visa while you are in Australia, only if the last visa you held is on the prequalifying list.

Do you qualify for a Temporary Work Visa?

Determine your Temporary Work Visa eligibility in just a few minutes and begin the Visa Application Process to Australia.