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457 Temporary work skilled visa

The 457 visa is the main visa used to sponsor employees to work in Australia. The employer can either be a business operating in Australia or overseas.

Most employers will apply for approval as a Standard Business Sponsor. The approval generally lasts for 3 years and there is a limit to the number of employees who can be sponsored over this time.

Criteria

The application for a company sponsorship visa consists of 3 parts:

  1. Sponsorship Applying for approval as a business sponsor would require the business to provide details to show:
    • The sponsor is a lawful, operating business
    • The sponsor has the financial ability to meet its sponsorship obligations
    • That the business meets certain training benchmarks, or is a startup company which has an auditable plan to meet the training benchmarks.
  2. Nomination The employer must then apply for permission to sponsor an overseas resident to fill certain nominated position(s). The main criteria here are that:
    • The position is in an occupation on the CSOL (Consolidated Sponsored Occupations List); AND
    • The applicant is to be paid a base salary of at least the TSMIT (currently $53,900); AND
    • Terms and conditions of the employment are no less favourable than for an Australian in an equivalent position – in particular, the salary paid is at least at the market rate.
  3. Visa Application The employee would then apply for a visa to work in Australia to fill the nominated position. This would involve providing the following evidence:

Duration and Conditions

The 457 visa is valid for up to 4 years, and extensions are possible. The 457 visa is subject to a condition 8107 work restriction and can only work for the sponsoring employer, unless a different employer lodges a new nomination for the employee. The visa can be cancelled if the employee ceases employment for more than 60 days, and the employee must maintain their health insurance cover.

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