The Migration Act 1958 regulates the entry into and continued presence of non-nationals in Australia. The Act specifies various types of work visa that allow non-citizens to work and live in Australia, and also provides for the removal or deportation of such persons where their presence in Australia is not permitted under the Act. A Temporary Work (Skilled) visa (subclass 457) is commonly used to allow Australian employers to sponsor overseas workers to live and work in Australia in their nominated occupation for a period of up to four years. Subclass 457 visa holders may also bring any eligible dependents with them to Australia and are free to travel in and out of Australia for the duration of their visa.
Before an applicant can apply for a subclass 457 visa, the employer who wishes to sponsor them must first be recognised by the Department of Immigration and Border Protection as a standard business sponsor, and have nominated a position for the visa applicant. Once the applicant is supported by an approved sponsor and an approved nomination, they may then apply for a subclass 457 visa.
It is noted that certain occupations will instead require employers to sponsor subclass 457 visa holders though a labour agreement. Once a labour agreement is in place the employer will become an approved sponsor for the duration of the agreement.
To be granted a subclass 457 visa under the standard business sponsor stream, applicants must also demonstrate that they have a genuine intention to perform the occupation and that they possess the skill requirements to work in the nominated occupation. This will require applicants to provide evidence that they possess the necessary skills/experience to do the job and may also involve the undertaking of a skills assessment.
Generally, applicants must also provide evidence as to their proficiency in the English language, with some occupations requiring higher levels of English than others. However, some applicants will be exempt from proving their English proficiency (for example, those who hold passports from Canada or the United Kingdom etc.)
In addition to satisfying the above conditions and any additional occupation specific requirements, all individuals must meet the Public Interest Criteria in Schedule 4 of the Act. This includes a health assessment, character test, and not being found to be a threat to security under an ASIO security assessment.
For more information regarding a Subclass 457 Visa
Please contact our Business Development Team or call us on (07) 3252 0011 to book an appointment with one of our specialist Migration Lawyers today.
Please Note: This is not legal advice but it may help you understand the law. Read more...