457 Visa Temporary Work (Skilled)

The 457 visa is a temporary visa which can be valid for up to 4 years and allows the visa holder to live and work in Australia. Immediate family members (such as a partner and children) and dependent relatives included in the application may also be entitled to live and work in Australia on this visa.

Employers must meet specific Sponsorship and Nomination steps before the intending employee can apply for a 457 visa. The employer can be either an Australian or overseas business.

After two years working for their sponsoring employer on a 457 visa, 457 visa holders and included family members may be eligible for Permanent Residence through the Employer Nomination Scheme (186 Visa) or Regional Sponsored Migration Scheme (187 Visa).

There are three steps in the 457 visa application process:

1. 457 Sponsorship

Employers must seek approval as a Standard Business Sponsor with the Department of Immigration and Border Protection as the first step in the 457 Visa application process. There are a number of requirements that the business must meet in order to be approved, including the ability to meet training, lawful operation and sponsor obligation criteria. To find out more click here.

2. 457 Nomination

Employers are required to nominate each of the positions they seek to fill with an overseas employee. The nomination is required to relate to an occupation published by the Department of Immigration and Citizenship that relates to the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics. There are more than 600 occupations/specialisation on the current 457 list.

A list of occupations can be found here.

Each occupation requires a certain skill level of the 457 visa applicant. The nomination application also determines the Market Salary that must be paid and where the 457 visa applicant will work. To find out more click here.

3. 457 Visa Application

The final step is the 457 visa application itself. The visa applicant must demonstrate the following:

  • Skills and/or experience required of the nominated position.
  • Satisfy health and character requirements.
  • English Language ability (IELTS 5), depending on the nominated occupation, country of origin and salary offered to the applicant.

Applicants nominated in specific occupations who originate from certain countries may be required to demonstrate that they have the required skill level by passing a Skills Assessment conducted by Trades Recognition Australia. Registration, licensing and/or membership may also be a required depending on the nominated occupation. There is no minimum age requirement for the 457 visa.

Skill Requirement

When making an application for a 457 visa application the Visa applicant needs to demonstrate that they have the required skills, education and/or work experience to perform the nominated occupation. The required skill level will depend on the occupation in which the visa applicant is nominated in.

Most professional occupations require a degree or at least 3- 5 years relevant work experience while other occupations require a trade certificate/diploma or at least 1-3 years relevant experience depending on the occupation.

Where an application is made on the basis of the applicants work experience only, employment references need to be supplied that demonstrate the applicants ability to perform the occupation. The Department has strict requirements on what must be included in employment references.

457 Visa English Language Requirement

Those that are not exempt from meeting the English language requirement will  have to provide evidence that they have English language ability at IELTS 5. However, should your nominated occupation require a higher English threshold for registration, licencing or membership in Australia you will have to demonstrate that you can meet the higher English Language threshold.

The following are exempt from meeting the English Language requirement:

  • Passport holders from, UK, USA, Canada, New Zealand or Ireland.
  • Visa applicants offered a base salary above $96,600 and it is in the interests of Australia to grant the visa.
  • Applicants who have completed at least 5 consecutive years of full time education at secondary level or above that was completed all in English.

457 Health Insurance Requirements

Those visa applicants from countries with reciprocal health care arrangements with the Australian government can satisfy this criteria by providing proof of enrolment with Australian Medicare (Irish passport holders do not require this and need only show their passport).

Health Insurance for 457 Visa holders (including accompanying family members) equivalent to that offered to Australians under the Medicare system is mandatory, and a visa will not be granted until health insurance is obtained.

You can apply for your Health Insurance here: IMAN Australian Health Plans

Visa applicants from certain countries and those intending to undertake specific activities in Australia may be required to undergo medical examinations before a visa is granted.

Family members/De Facto partners included on your 457 Visa

A de-facto partner can be included in a 457 visa application as an accompanying secondary applicant. A de–facto relationship will have to be demonstrated as part of your application. Ordinarily you will have to demonstrate that you and your partner have been living together for at least 6 months.

Members of your family, including children and dependents over the age of 18 may also be included in your application.

Changing Employers or Occupation

Recent reforms to the 457 visa regime have enabled those that already hold a 457 visa to change employers or occupations without the need to make an additional visa application. A Nomination application will have to be made if you are in this situation and your new employer will be required to be an approved Business Sponsor if they have not already done so. It is important to ensure that all sponsorship obligations are transferred to your new employer.

Previous visa cancelled, visa refused or no longer holding a substantive visa

Where a visa applicant has had a previous visa cancelled, application for a visa refused or no longer holds a substantive visa (i.e. holding a bridging visa) they may be prevented from making a valid application while in Australia. In these circumstances, it is of the utmost importance that you consult an experienced Registered Migration Agent so that a strategy may be implemented to allow you to make a valid application.

It is often the case that Migration Law makes provision for the waiver of certain requirements in the above circumstances. As such, careful consideration of your situation needs to assessed and a strategy devised so that you may achieve your desired goal.

As a matter of practice, Global Migration Partners lodges all three stages in the 457 visa process at the same time together with all accompany documents, evidence and Legal submissions prepared by us. We handle all communications between the Department of Immigration and Border Protection and third parties on your behalf and keep you fully informed.

Fees:

Service Fee
457 Sponsorship Application Fee $420
457 Nomination Application Fee $330
457 Work Visa Application Fee $1035
Professional Fees – Sponsorship $2000
Professional Fees – Nomination $1500
Professional Fees – Visa $1500
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