Work Visas For Overseas Employees

Subclass 457

The subclass 457 visa allows businesses to recruit and employ staff from overseas (non-residents) for temporary entry with a right to be employed, in Australia for a period between 3 months to 4 years.

There are three steps involved to obtain a 457 visa for an overseas employee:

1. Employer applies for approval as a Standard Business Sponsor;
2. Employer nominates the position/s to be filled by the non resident/s;
3. The prospective employee applies for a Temporary Business (Long Stay) Visa.

STEP 1: Standard Business Sponsorship "(SBS)"

SBS is for employers seeking to sponsor a specified number of people within a 2 year period. The sponsorship status is valid for the specified number of nominations, or up to 2 years from the date of approval, whichever occurs first.

To apply for approval as a business sponsor, the business must demonstrate:

• The business is of good standing and can meet its obligations under the sponsorship by providing documents such as business registration, financial statements, annual reports, newsletters etc;
• How Australia will benefit from the business employing non residents;
• The commitment of the business to training Australian residents or to introducing new technology or business skills.

STEP 2: Nomination

The Employer needs to nominate each of the positions they wish to fill with a non resident, once the business sponsor status has been obtained. The nomination must relate to an occupation, which has been gazetted by the Minister for Immigration. The nominated position must also be remunerated at a minimum salary level.

STEP 3: Visa Application

The person identified to fill the nominated vacancy must apply for a visa to enter or remain in Australia. The nominee needs to demonstrate that he/she has qualifications and skills which match that of the nominated position and must be offered employment at a salary of not less than the gazetted minimum. The dependent family members of the applicant can be included in the application.

The actual visa application cannot be determined before the approval of the nomination application by the employer.

Documents Required by Australian Business and Visa applicants

A: Sponsoring Company

• Business registration;
• Company registration;
• Organization Chart;
• Financial Statements of last 12 months;
• Last two BAS Statements;
• Company Brochures;
• Employee list;
• Evidence of Training Australian employees or evidence of the introduction of new technology or business skills into Australia;
• Description and outline of the nominated position's duties and responsibilities.
• Contract or offer of employment.

B: Visa Applicant/s

• Copy of passport;
• Detailed curriculum vitae;
• Evidence of formal training and or qualifications;
• Employer references detailing daily responsibilities of previous positions;
• Evidence of relationship between visa applicants (Marriage certificates, evidence of cohabitation and birth certificates)