Subclass 457 Visa – Temporary Work (Skilled) – Standard Business Sponsorship

This visa relates to Corporate sponsors seeking overseas entrants to work either under a temporary sponsored visa.

The Employer Sponsored visa program enables Australian companies to sponsor overseas workers to fulfil specific skill requirements.

Please note that there have been substantial changes made to the 457 visa program that took place on the 18/04/2017. Further changes are expected in 12/2017.

In the March 2018 the 457 program is set to be abolished and replaced with a new TSS Visa program.

If you want to know how these changes affect you, we recommend booking an online consultation.

IMMICON Can assist you if you

  • Are being sponsored for the first time
  • Are transferring over form another company
  • Currently hold a subclass 457 visa that is about to expire
  • If you are a company that is seeking SBS (Standard Business Sponsorship Approval status)
  • If you are company that has an SBS (approved sponsorship agreement) and would like to check that you meet your obligations and are in compliance in relation to your 457 visa holder, IMMICON offers a full compliance monitoring service. In line with new Government announcements, Sponsors who are not compliant with their obligations and are sanctioned will be publicly named and listed.

The Subclass 457 visa process comprises of 3 application stages

1. Standard Business Sponsorship (SBS)

This is where the company is assessed to ensure that it will be able to meet its obligations. The company needs to demonstrate amongst other things that is is:

  • Lawfully operating a Business in or outside of Australia;
  • Evidence that the business is able to meet training benchmark requirements;

This status lasts for either 18 months or 5 years depending on how long your business has operated for and allows you to nominate any number of positions and in any nominated occupation on the current Skilled Occupation list. The SOL & the CSOL was replaced  on the 18/04/2017 with the MLTSSL or STSOL.
IMMCON can assist and guide you the through the process for both new and established businesses.

2. Nomination

This stage of the application assesses the position that has been Nominated for the temporary entrant to undertake.

In order to qualify you need to be sponsored in an occupation that is on the MLTSSL or STSOL Skills Occupation Lists.

Some occupations have caveats that will need to be addressed in the application. These caveats will provided additional restrictions and requirements for the specific occupation that it relates to.

The company will be required to demonstrate the following:

  • That the occupation is relevant to the position that is being filled
  • The skills and experience that is required to perform the duties of the position
  • That the terms and conditions of employment are equivalent of the terms and conditions of employment for the Australian employees that are employed by the business;
  • That the salary being paid meets the market salary rates. This rate must be higher than the TSMT currently set at $53,900 per annum. The employer will be required to provide a detailed statement with supporting evidence to demonstrate how the salary was determined;
  • The location of the position;
  • That labour market testing has been undertaken;

3. Visa Application

  • This stage of the applications is where the Department assesses the following:
  • That you have the relevant skills to undertake the position that you have been nominated for. In some cases having between 3-5 years of employment experience can be accepted in place of holding formal qualifications;
  • That you hold registration and licensing where applicable;
  • Unless exempted that you meet the English language requirements;
  • You hold relevant health insurance;
  • That you meet certain health & character requirements;

IMMICON can assist you with either the complete preparation, lodgement and management of the complete visa process or if you are opting to do it yourself, IMMICON can assist you in the preparation of the main documents.

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