THIS VISA WAS ABOLISHED ON 18 MARCH 2018 - NO NEW APPLICATION IS POSSIBLE

457 visa is suitable where an Australian employer (a standard business sponsor - SBS) wishes to employ staff from overseas to fill skilled positions which cannot be filled from within the local labour market. This visa can be granted for up to 4 years and may offer a pathway to a permanent residency.

It also includes overseas sponsorships where an overseas business is not represented in Australia. Such a business may nominate an employee with relevant skills and appropriate personal attributes and experience to be based in Australia and
• to establish or assist to establish a business activity in Australia with overseas connections, or
• to fulfil contractual obligations for the overseas employer.

457 sponsorship is 3 stages process:

1. An application for SBS

2. Nomination of an individual applicant for the position in Australia

3. A 457 visa application of the nominated applicant

1. APPLICATION FOR A STATUS OF SBS 

It this stage, a business seeks an approval of Standard Business Sponsorship (SBS) status. The basic requirements are:

• the prospective sponsor must be lawfully engaged in business and
• actively operating a business in Australia or overseas
• the business or associated person must not have (in the previous 3 years) become insolvent, or contravening (or allegedly contravening) a Commonwealth or State/Territory law
• the business must meet requirements for a specified training benchmark of Australian employees(incl. Australian perm.residents) if operating in Australia, a start-up business must have an auditable training plan how the business intends to meet the training benchmark

• if an Australian sponsor:
  (i) the sponsor has attested, in writing, that the sponsor has a strong record of, or a demonstrated commitment to, employing local labour; and
  (ii) the sponsor has declared, in writing, that the sponsor will not engage in discriminatory recruitment practices

• the business must propose a number of people they intend to nominate during the period of the business' approval as a standard business sponsor
• must not charge, transfer or recover any costs related to SBS to from any person.

An approved sponsor has sponsorship obligations.

2. NOMINATION OF AN INDIVIDUAL APPLICANT

The second stage of the process is where the business may nominate an individual applicant for the position in Australia.

The basic requirements for the nominated positions are:

• A nomination must be made by SBS
• the nominated occupation is on the MLTSSL or STSOL list
• the position associated with the nominated occupation is genuine
• a nomination must identify the person who will work in the nominated occupation
• to specify the ANZSCO code and/or, the name of the occupation and  the location or locations at which the nominated occupation is to be carried out (postcode and/or town/suburb) - job title, duty statement and responsibilities
• SBS must certify that a nominee has commensurate qualifications and experience for the nominated position
• The nominated occupation is a position in the business or in an 'associated entity' of the business
• there is no adverse information about SBS or associated person

• The terms and conditions of employment of the person identified in the nomination will be no less favourable than the terms and conditions that:

  (i)      are provided; or

  (ii)      would be provided;

  to an Australian citizen or an Australian permanent resident for performing equivalent work at the same location.

• In addition, Market salary base rate must be greater than 53,900 p.a.
• the sponsor will engage the nominee as an employee under a written contract of employment (unless exempted)
• the sponsor must certify as part of the nomination whether or not the sponsor has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.
• for some occupations - labour market testing must have been undertaken within the twelve months prior to lodging the nomination application

3. AN APPLICATION FOR 457 VISA

The final stage for the business sponsored 457 visa is where the nominee submits an application for the 457 visa.

The basic requirements are:

• the applicant must have an approved nomination
• an applicant in Australia must have an eligible visa
• the nominated occupation is on the  MLTSSL or STSOL list
• the Applicant will work in a position within SBS/associated entity only
• the applicant has a genuine intention to perform the nominated occupation
• the applicant has the skills, qualifications and employment background that are relevant and necessary to perform the tasks of the nominated occupation (a skills assessment might be required). The applicant must obtain or be eligible to obtain any mandatory registration/licensing/membership before performing work in the nominated occupation if required.
• the applicant has a specified level of English language proficiency - minimum requirements - see below:

English test	Minimum band score	Minimum scores for English test components
		Listening	Reading	Speaking	Writing
IELTS test	Overall band score 5.0	4.5	4.5	4.5	4.5
OET	-	B	B	B	B
TOEFL iBT	Total band score 36	3	3	12	12
PTE	Overall band score 36	30	30	30	30
CAE	Overall band score 154	147	147	147	147

 

• there is no adverse information known about the approved sponsor, or a person associated with the approved sponsor
• the applicant must have adequate arrangements for health insurance in Australia during the period of their stay
• the applicant must meet other generic requirements (eg. health and character)
• the applicant has not engaged in conduct that constitutes a contravention of subsection 245AS(1) of the Act
• visa is granted:
• 18 months for positions in a start-up business
• 24 months for positions on STSOL list
• 48 months for positions on MLTSSL list

A charge or fee	Subclass 457
SBS Application Fee to DIBP	420
Nomination Application fee	330
Base 457 Visa Application charge to DIBP	1,080

OZ HOME MIGRATION charges vary depending on the complexity of each case.

All information valid as at 26/07/2017 - OZ HOME MIGRATION does not guarantee all information on this web page is correct.

For details - follow this link