2014
Employer Sponsored Visa – Subclass 457
Charly Tannous / 0 Comments /The Temporary Work (Skilled) (subclass 457) visa enables eligible employers to address short-to-medium-term skill shortages in their business that cannot be filled from the local labour market.
The employer sponsored visa – subclass 457 programme is the most commonly used Australian visa programme to sponsor overseas skilled workers on a temporary basis.
Key facts
- The subclass 457 programme is uncapped and driven by employer demand. This generally means employers will sponsor overseas workers more in times of high economic growth and low unemployment.
- Businesses can employ overseas workers for up to four years in skilled occupations only .
- On 1 July 2013, reforms were introduced to strengthen the integrity of the subclass 457 visa programme. These reforms aim to increase the department’s capacity to identify and prevent employer practices from misusing the subclass 457 programme.
- Businesses are required to demonstrate that the nominated position is genuine.
- Businesses must meet (or commit to meet) the prescribed training benchmarks for the programme, which requires an ongoing commitment to training activities for Australian citizens and permanent residents, and continue to meet these requirements for the term of the sponsorship. Records of training and related expenditure must be provided as evidence.
- Strong worker protection measures are in place to ensure that overseas skilled workers are provided the same workplace rights as Australian citizens.
To sponsor an employee from overseas under the subclass 457 visa programme, the following three stages are required:
- Sponsorship—the employer applies for approval as a standard business sponsor. This is required to nominate an occupation for a subclass 457 visa.
- Nomination—the employer nominates an occupation for a prospective or existing subclass 457 visa holder.
- Visa application—the person nominated to work in the nominated occupation applies for the subclass 457 visa. This is the final step to obtaining a subclass 457 visa.
If you are an employer and you wish to sponsor an overseas employee or an overseas employee seeking advice on the process of sponsorship or Skilled Migration to Australia please contact our Narendra Singh or Charly Tannous at Sage Solicitors on 02 9713 7544 for expert migration advice.
