457 Temporary Work Visas

Assisting Migrants Receive Their 457 Visa

Copson Migration is a registered migration agent located in Adelaide who help migrants receive their 457 employer sponsored visa.

The subclass 457 Temporary Work (Skilled) visa is a temporary visa requiring sponsorship by an employer in Australia. An employer can sponsor an employee for up to 4 years.

There are three parts in the application process

1)      the employer needs to apply to become an Approved Sponsor (through a Standard Business Sponsorship or by negotiating a Labour Agreement);

2)      the employer Nominates a position; and

3)      the employee applies for a Visa.

Standard Business Sponsorship (SBS) 

As an approved Standard Business Sponsor, the company is able to nominate a number of positions during the sponsorship period. The standard SBS is valid for up to 5 years. In order to be approved as a sponsor, the business must be able to show;

  • It is lawfully operating in Australia; and
  • It has met the Training Benchmark A or B for the last 12 months;

A. Expenditure of 2% of the business' payroll to an industry training fund; or

B. Expenditure of 1% of the business' payroll on the provision of training to employees.

In addition, there are ongoing obligations and commitments that an approved SBS is required to uphold  to adhere to during the sponsorship and while 457 visa holders are employed. This includes maintaining training expenditure, notifying the Department of Immigration regarding changes and maintaining proper records.

Labour Agreements

The Labour Agreement allows an employer to employ workers who have concessions of skills, English language or pay. The process involves lengthy negotiations with the Department of Immigration and other stakeholders and a limit is placed on the numbers of positions that can be nominated and the occupations they can be nominated in. 

Nomination

If the occupation appears on the Medium and Long-term Strategic Skills List ( MLTSSL ) the linked visa can be granted for 4 years. If it appears on the Short-term Skilled Occupation List ( STSOL ) list the visa can only be granted for 2 years unless a longer period is needed to meet international trade obligations.

Have a look at the lists here 

The employer must also be able to demonstrate;

  • The position is genuine;
  • They have conducted Labour Market Testing by advertising the position (for certain occupations);
  • The pay (exclusive of superannuation) is both market rate, has the same terms and conditions of employment as Australian employees, and is guaranteed at least $53,900 per annum (Temporary Skilled Migration Income Threshold).

Visa Application

The visa applicant must prove that they have the relevant qualifications and/or work experience to work in the nominated occupation. In some cases, they may be required to provide a skill assessment. The applicant also must be able to show that they;

  • Have at least Vocational English language skills, unless exempt;
  • Hold private health insurance unless they are covered by a reciprocal health care arrangement;
  • Meet all necessary health and character requirements

The 457 visa is valid for 4 years and has a condition that states that the holder can only work for the sponsoring employer. If employment ceases with the sponsor then the holder has 60 days to find a new sponsor and transfer their visa to the new sponsor, lodge a new visa application, or to depart Australia.

Pathway to Permanent Residency

If an employee has been working in the same occupation listed in the MLTSSL, with the same employer for at least 2 years the 457 visa holder may apply under a Temporary Residence Transition stream for a permanent employer sponsored visa

If you have any further enquiries, contact the team at Copson Migration on +61 (0) 8 8155 6062.

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Get In Touch

Address:
296 South Road, Hilton, SA 5033, Australia

Phone:
+61 08 8155 6062

Email:
info@copsonmigration.com