The 457 Australian Work Visa

457 Australian Work Visas are the official path by which employers seek permission to sponsor an overseas employee to work in Australia for between 1 day and 4 years.

These typically do not apply to situations such as self-employment. They also are usually considered applicable only in situations where the role to be filled is skilled or professional in nature.
There are 3 stages to complete for a work visa to be granted to an oversea employee.

In order to qualify for a 457 visa, applicants must have an employer who is willing to sponsor them. There are three steps in the visa application process:

1. The Sponsor

Employers or potential employers must obtain official approval of their status as someone who is approved to sponsor and subsequently recruit employees from outside of Australia. If approved, sponsorship is valid for a period of 3 years. There is no restriction on how many overseas recruitment positions they can apply for during that period.

2. The Nomination Process

Potential employers will nominate each individual position they would like to fill with someone from overseas. They will need to show that the position relates to a recognisable occupation which meets the defined requirements of being categorised as a professionalor skilled trade in nature. The position will need to meet minimum standards in terms of remuneration and compliance with legal minima for terms and conditions of employment.

3. Applying for a Visa

Assuming you are the applicant, you will need to apply for a 457 visa to enter and remain in Australia. You’ll need to show evidence that you have the appropriate skills and experience as required by the position. You must have evidence of a salary level offer that is as it was defined in the position nomination of the employer.

You will also be asked to meet certain health and character requirements as defined by 457 visa rules.

If you do not have a sponsor,you may be able to note what’s called an “Expression of Interest” via the Department of Immigration and Border Protection database. This allows potential employers or state and local governments to view applicant details and offer sponsorship.

If allocated a 457 visa, you will typically be able to:

•    live and work in Australia for the sponsoring employer – for up to a period of four years.

•    Your close family members, for example a spouse/partner and dependent children can be included in the application. The main applicant is restricted to working with the sponsoring employer in the nominated position but other authorised family members can take up any type of employment and dependent children are eligible to attend local schools.

Next Steps

Yes, it is complicated and potentially confusing!

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