All the foreign/local employers working in Australia can sponsor an international worker to enter Australia to live and work up to 4 years under the Australian Temporary Work Skilled Visa (Subclass 457). The visa holder’s family member can accompany and can work or study during their stay in Australia.
Once a person enters Australia after obtaining 457 work visa, he can have multiple entry to Australia during the 4 year time frame or the granted visa duration.
The Employer who is sponsoring individual worker under the 457 visa category can apply through Standard Business Sponsor or via Labor Agreement. Labor Agreement is required in the mentioned scenarios:
- Sponsorship is required for workers in the Meat or on-hire industries
- The Sponsor is seeking to address “Special Labor Market Circumstances”
- Sponsorship is required for a role that is not within Australia’s Sponsored Occupation List
Further details is available within this article under labor agreement section.
Employer Requirements – Standard Business Sponsor
For Standard business Sponsor Eligibility, employer need to fulfil the mentioned requirements:
- Must be Lawfully operating Business
- Clearly specify the no. of workers they are willing to Sponsor
- Business in Australia must:
- Meet the prescribed training benchmark, if they have been trading for 12 months or more
- Have a viable plan to meet the prescribed training benchmark, if they have been trading for 12 months or less
- Declare in writing that they have a strong commitment to employing Australian nationals and will not discriminate in in any way in regards to recruitment
- Have fulfilled any training requirements under their last period as a 457 sponsor, if applicable
- Business Outside Australia must:
- Intend to sponsor a 457 worker to establish a new business in Australia with connections to an overseas business, OR
- Intend to sponsor a 457 worker to fulfil contractual obligations the employer has in Australia
- Have no adverse information pertaining to them
- Not have taken any action which resulted in 3rd party paying cost related to employer becoming a sponsor or recruiting a worker
A labor agreement is an agreement between an employer and the Australian Department of Immigration and Border Protection which allows employers to sponsor 457 workers in circumstances not covered by the standard business sponsor category, such as when:
- Sponsorship is sought for workers in the meat or on-hire industries
- The sponsor is seeking to address ‘special labor market circumstances’
- Sponsorship is sought for a role that is not on Australia’s Sponsored Occupation List
There are 4 types of labor agreement:
- Company specific labor agreements
- Industry labor agreements
- Designated area migration agreements
- Project labor agreements
Company specific labor agreements
These agreements are made on a case by case basis, and only where there is a labor shortage that is not already covered by another type of labor agreement.
Industry labor agreements
Industry labor agreements are made between the Australian Department of Immigration and Border Protection and industry leaders to combat persistent labor shortages in that industry. Terms and conditions for these agreements are set in advance, and cannot be negotiated by individuals or companies. Industry labor agreements are currently in place for the meat industry and the on-hire Industry.
Designated area migration agreements
Designated area migration agreements are designed to address labor shortages in specific Australian states, territories and regions. Each agreement has its own terms and conditions.
Project labor agreements
Project labor agreements combat labor shortages in large scale resource or infrastructure construction projects. Each agreement is negotiated with companies that oversee resource or infrastructure construction projects, after which employers can apply to be endorsed by the project company. If you think you may be eligible to take advantage of a project labor agreement please contact us for further assistance.
Prescribed training benchmark
Businesses in Australia that wish to sponsor 457 workers must meet a benchmark for the training of Australian citizens and/or permanent residents. Businesses which have been operating for 12 months or more must demonstrate that they have already met the benchmark, while those operating for 12 months or less must demonstrate that they have a viable plan of action for meeting the benchmark. For overseas business don’t require to meet the prescribed training benchmarks. Some examples of way to meet the benchmark includes:
- Funding formal study for your Australian employees, or for Australian TAFE or university students
- Funding a scholarship or your Australian employees, or for Australian TAFE or university students
- Employing apprentices, trainees, or recent graduates
- Employment of someone for the specific purpose of training Australian citizens or permanent residents
Australian 457 Visa Employee Requirements
Employees applying for a 457 work visa must:
- Be sponsored by an eligible employer to work in a nominated occupation on the Australia’s Sponsored Occupation List
- Have skills, qualifications, and experience which match the requirements of their nominated occupation.
- Have vocational English language proficiency: International English Language Testing System (IELTS) score of 5 across all four test components
- Be eligible for any relevant licenses associated with the position
- Meet various health requirements, including having health insurance.
- Meet the character requirements, this usually means a criminal record check
Length of Stay
Applicants can apply to stay in Australia for between 1 day and 4 years on this visa.
457 work visa holders can bring their family with them to Australia. Family members covered by this visa include married partners, unmarried/de facto partners, dependent children (of any age), and other dependent relatives. Family members will be required to provide supporting evidence before they are allowed entry in Australia.
In order to include your married partner on your 457 visa you will require a copy of your marriage certificate.
Unmarried/De Facto Partners
In order to bring your unmarried/de facto partners to Australia you will need to prove that you have been living together as a couple for at least 6 months. Tenancy agreements, rent slips, and shared bills are examples of suitable evidence.
Children under the age of 18 can be included on your 457 visa with the provision of their birth or adoption certificate. To bring children over the age of 18 to Australia you will need to prove that they are significantly or entirely dependent on you to meet their basic financial needs (such as food and housing), and have been for a significant period of time leading up to your visa application.
Other Dependent Relatives
The rules for other dependent relatives are similar to those for dependent children; relatives can be included on your application if you can prove that they are significantly or entirely dependent on you to meet their basic financial needs (such as food and housing), and have been for a significant period of time leading up to your visa application.