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The Temporary Work – Skilled (Subclass 457) Visa

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The Temporary Work – Skilled (subclass 457), which was legislated on 23 June 2013, is a temporary residence and work visa that allows Australian based employers and businesses to invite skilled workers to fill in the shortage of skilled workers in the labor market. The employer acts as a sponsor for the skilled worker.

Under this visa, overseas skilled workers may work in Australia up to four years and bring eligible dependents with them who may also work or study in Australia. A Subclass 457 visa may be obtained in three stages:

  1. Business organization must secure a standard business sponsorship (SBS) approval from the immigration department.
  2.  Nomination for the position. The employer nominates a prospective worker (who may already be in possession of the subclass visa 457) to a position which they are unable to fill from the Australian labor market.
  3. Application for visa. The person nominated by business sponsor applies for the subclass 457 visa.

There are two ways that an Australian employer/business can sponsor a worker with subclass 457 visa to work in the country: by a standard business sponsorship, or by the use of a labour agreement.

The Standard Business Sponsorship is the most common way of sponsoring a prospective skilled worker to work in Australia. Employers who have been approved to become a standard business sponsor can recruit overseas workers for employment in their business if they are unable to find a suitable applicant from the Australian work force. Employers can only have one approved standard business sponsorship at a time, and validity is up to five years. Businesses that have been in operation for less than a year/12 months are eligible for sponsorship for a period of 18 months only.

Labour agreements are applicable in the following scenarios:

  1. If you are seeking to sponsor a 457 visa holder for employment in a position that is not under the list of qualified positions for subclass 457 visa holders
  2. If you are seeking to sponsor an overseas worker for the meat processing industry
  3. If you are seeking to address a exceptional market circumstances.

Labour Agreements are formal agreements with the Australian Government in hiring overseas workers under circumstances in the labor market which are not covered by the provisions of the SBS.

Employers or businesses who have entered into a labour agreement with the department may sponsor overseas workers under subclass 457 visa for the period indicated in the agreement, and no longer need to apply for a separate SBS in order to nominate target workers under the subclass 457 visa program.

Once a worker has been granted a subclass 457 visa, he and his family/dependents may travel in and out of Australia for unlimited number of times, as approved by their employer.

Get a 457 Work Visa via a iVisas Registered Migration Agents Perth .

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