Temporary Work (Skilled) Visa – Visa Subclass 457 (up to 4 years)

Background of Standard Business Sponsorship (SBS)

A SBS is an application to sponsor a specific number of temporary work entrants. It requires the employer (business legally established and actively engaged in business activities) to demonstrate that they can satisfy the sponsorship criteria as follows:

• Is a lawfully operating business.
• Have no relevant adverse information against your business.
• Demonstrates their commitment to employing local labour as well as non-discriminatory recruitment practices.
• Meets training requirements. This means they must either:
-meet the training benchmarks if you have traded in Australia for 12 months or more;
-have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months

If your business has been trading in Australia for more than 12 months, you must show you have contributed to the training of Australians.

You show this by meeting one of two benchmarks. This can be either:

• Training benchmark A: recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business
• Training benchmark B: recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

The standard business sponsorship will be valid for 3 years. If the business is a start-up business, its sponsorship is valid for 12 months.

Three stages of SBS process

Stage 1:
The employer applies for approval as a standard business sponsor.

Stage 2:
The employer nominates the position to be filled.

Nomination requirements:

• Pay market rate to workers. If the market salary rate for the position you want to fill does not exceed the Temporary Skilled Migration Income Threshold $53900, you will not be able to access the subclass 457 visa program.
• Certify that the tasks of the position correspond to the tasks of an occupation eligible under the subclass 457 visa program. Occupation needs to be on the CSOL -Consolidated Sponsored Occupations List);
• Meet Labour Market Testing if occupation is not exempted.
• Meet the genuineness criterion.
• Not be subject to adverse information.

Stage 3:
The prospective employee applies for a Temporary Work (Skilled) Visa.

Visa Requirements for Primary Applicant for a subclass 457:

• Be nominated to work in an approved occupation on the Skilled Occupation Lists.
• Meet the skill requirements for the nominated occupation unless exempted.
• Meet registration and licensing obligations if required.
• Have IELTS 5.0 in each band unless exempted.
• Have been nominated by an approved business.
• Have adequate health insurance in Australia if required.
• Meet standard health and character requirements.

We will:

• Prepare the SBS application.
• Prepare the Nomination application.
• Prepare the Visa application.

Sponsor Obligations:

• Cooperate with inspectors.
• Keep records.
• Provide records and information to the Minister.
• Not recover from, or transfer or charge certain costs to another person.
• Pay travel costs to enable sponsored people to leave Australia.
• Ensure equivalent terms and conditions of employment.
• Pay costs incurred to remove unlawful non-citizens.
• Provide training to Australians and permanent residents.
• Ensure that the sponsored visa holder works or participates in the nominated occupation.
• Inform Department when certain events occur.

Permanent Residency Skilled Visas

The RSMS visa (Regional Sponsored Migration Scheme) and ENS visa (Employer Nomination Scheme) are both permanent residency visas which require an employer sponsor. The main considerations for the RSMS nomination/ visa are: employment is an a Regional area, RCB approval is required for the company, company meeting financial requirements, English requirements for the applicant and depending on the occupation a positive skills assessment may be required. The main considerations for the ENS nomination/visa are: meeting the Training Benchmark requirement for the company, company meeting financial requirements, for the applicant positive skills assessment and English requirements. There are 2 schemes to apply for these 2 visas. The TRT (Temporary Resident Transition) scheme - applicable if you have held a 457 visa in the same occupation for 2 years. The DE (Direct Entry) scheme - applicable for those who have minimal 457 experience in their nominated occupation, hold an Australian visa or do not hold an Australian visa. Please note this is just a short overview for these visa subclasses - please contact us to discuss them in more detail.

We will:

• Prepare the RCB application (if necessary )
• Prepare the company nomination application.
• Prepare the visa application.
• Assist with the preparation of the skills assessment application (if requested)

More details, please contact us.