The Australian Work Permit

Business (Long Stay) – Subclass 457 visa

Overview

An applicant for a Subclass 457 visa must have an offer of employment from an eligible employer. An eligible employer can sponsor skilled overseas employee/s to work in Australia for four years under this visa. There are no travel restrictions in and out of Australia during the visa period. Visa holders can bring family along to Australia. .

If the work permit visa holder wishes to change employers, the new employer must sponsor the candidate and the candidate must lodge a new Subclass 457 visa application.

On fulfilling the work permit visa requirements, if the candidate wishes to migrate permanently or continue work in Australia, other visa options may be available.

If the applicant wishes to migrate on a temporary or permanent basis without employer sponsorship or an offer of employment, there are other visa options available.

Eligibility

Employer Eligibility:

The employer must be a lawfully and actively operating business. A new business, with evidence of intention to establish, may also be considered by the Department of Immigration and Citizenship. The sponsor organisation must be the direct employer of the employee, have a good business record, abide by immigration laws, demonstrate benefit to Australia and advance the skills of the existing Australian workforce.

A business with no operating base in Australia may also apply to bring employees to Australia to establish a branch / business / joint venture / agency / distributorship or fulfil obligations for a contract or other business activity. The employer in this case must meet all other eligibility requirements.

Employee Eligibility:

The employee must have a work sponsorship by an employer to fill a nominated position and have the skills, qualifications, experience, an employment background that matches the position requirement, be eligible for any relevant licences or registration if required for the nominated position and have proof that he or she will be paid at least the minimum salary applicable.

The candidate must have English language skills equivalent to an average band score of 5 in International English Language Testing System (IELTS) test. The score requirement may be higher for licensing/registration/membership. There are exemptions from IELTS requirement under various circumstances. A registered migration consultant will be able to advise the circumstances under which a candidate is exempt from the IELTS requirement.

The applicant must meet all health and character requirements.

Secondary applicant eligibility

Secondary applicants who may be included in this work sponsorship visa application are spouse / interdependent partner / dependent child of main applicant or spouse or interdependent partner / other dependent relative of main applicant or spouse.

Secondary applicants must meet all requirements of Location, Health, Character, Australian Values Statement.

Compliances

Employer Obligation:

The employer must satisfy sponsorship obligations for the employee and accompanying family members as specified by the Australian Government Department of Immigration and Citizenship (DIAC). The employer must

  • Ensure the cost of return travel for employee and accompanying sponsored family member/s.
  • Inform the Department of Immigration and Citizenship within 10 working days of the employee ceasing to work or any other changes to the employer’s circumstances that can affect the sponsorship.
  • Inform the Department of Immigration and Citizenship of any change in employee’s work location.
  • Comply with industrial relations laws and workplace agreements with the employee.
  • Ensure the employee holds any licence, registration or membership mandatory for the work or position held by the employee.
  • Pay at least the minimum salary applicable at the time when the visa decision is made. A higher salary must be paid where required under workplace law or where negotiated with the employee.
  • Make applicable superannuation contributions, deduct tax instalments and make tax payments for the employee during the employment period.

Employee Obligation:

The employee must continue working for the sponsor employer and should not change the employer. If changing employer, a new sponsorship, nomination and visa application lodgement is required.

The employee must work only in the position nominated in the visa application and must not work for another person or themselves while working for the sponsor.

The employee must inform the Department of any change in circumstances.

In case of the sponsor ceasing sponsorship / employment, the employee may find another employer who will sponsor the employee and lodge an application for a new visa or apply for another type of visa that will allow the candidate to live and work in Australia.

If due to some reason no application is made for a new visa, the candidate must make arrangements to depart Australia within 28 days of ceasing employment or prior to the expiry of visa whichever may be the earliest.

The employee must remain in regional Australia if this visa was granted for a position certified by a Regional Certifying Body.

Employee must provide evidence of at least comprehensive health insurance cover for themselves and accompanying family members for the duration of stay in Australia. Temporary resident visa holders are generally not entitled to public health care (Medicare) or any other social security benefits

457 visa holders from countries with which Australia has a Reciprocal Health Care Agreement have access to Medicare.

Any secondary applicants (family members)on this visa have full work and study rights.