Individuals and Travellers

Temporary Work (Skilled) visa (subclass 457)

​This visa is now closed to new applications

Features

​​​​​This visa lets a skilled worker travel to Australia to work in their nominated occupation for their approved sponsor for up to four years. ​​

Requirements

You might be able to get this visa if:

  • you have been sponsored by an approved business
  • you have the required skills to fill a position nominated by an approved business.

Global visa processing times

About th​is visa

On 18 April 2017, the Hon Malcolm Turnbull MP, Prime Minister of Australia and the Hon Peter Dutton MP, Minister for Immigration and Border Protection jointly announced that the Temporary Work (Skilled) visa (subclass 457 visa) will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa which will support businesses in addressing genuine skill shortages.

Further information on these reforms is available at Abolition and replacement of the 457 visa – Government reforms to employer sponsored skilled migration visas.

For additional information see:

 

​The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Aust​ralia and work for an approved business for up to:

You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

You can be in or outside Australia​ when you lodge your application.

What this visa lets you do

This visa allows you to:

  • work in Australia for a defined period of time
  • bring members of your family unit to work or study in Australia
  • travel in and out of Australia as ​often as you want.

Before you apply

This is a sponsored visa. Before you can apply for the visa, your employer must:

  • become an approved sponsor
  • nominate you for a position.

You can apply for this visa at the same time your employer lodges their applications to sponsor and nominate you.

Legislative Instruments​

To maintain flexibility in the Subclass 457 visa program, certain aspects of the program are subject to change from time to time. The aspects of the program that might change are contained in what is known as a legislative instrument.

See: Subclass 457 visa Legislative Instruments

No further stay​

Your passport

You must have a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

You can use Form 929 — Change of address and/or passport details (145KB PDF).

You might be able to update your passport details using ImmiAccount.

Visa applicants

This information explains what a skilled worker needs to do to apply for a Temporary Work (Skilled) visa (subclass 457).

Who could get this visa

To apply you must:

  • be nominated by an approved sponsor to work in an occupation on the list of eligible skilled occupations
  • meet the skill requirements, and any registration and licensing obligations for the nominated occupation
  • speak a certain level of English.

See below for more information.

Approved occupations

You must work in a skilled occupation that has been approved by the Australian Government.

The list of eligible skilled occupations includes a number (an ANZSCO Code) next to each occupation title.

You can use this code to find a more detailed description of the qualifications and experience required for each of the eligible occupations from the Australian Bureau of Statistics.

Skill requirements

You need to show that you have the skills and experience necessary to work in the nominated occupation. The evidence that you can provide is listed in the Document checklist for visa applicants.​

If your nominated occupation is a trade occupation, you might need to do a skills assessment. The Trades Recognition Australia website has more information on which occupations require an assessment.

You must provide a skills assessment for migration purposes if your nominated occupation is one of the following:

  • Program or Project Administrator (ANZSCO 511112)
  • Specialist Managers nec (not elsewhere classified) (ANZSCO 139999).

The VETASSESS website has more information. You cannot use a VETASSESS skills assessment that you have had for a Skilled General (Temporary) visa (subclass 485) in your application for this visa.

Registration and licensing

Your approved sponsor should be able to provide you with the necessary licensing and registration information.

English language proficiency

For information on English language proficiency, see: Subclass 457 – English language proficiency

Health insurance​

You will need to have made adequate arrangements for health insurance to cover your period of stay in Australia and you must maintain these arrangements for the duration of your stay. You will be asked to acknowledge that you have done this in your visa application form. For advice regarding the level of insurance that would be considered adequate see: Adequate health insurance.

Your insurance must cover you and any members of your family who come or remain with you in Australia.

Character requirements

This also applies to all eligible members of your family unit in your application who are 16 years of age or older.

You are able to organise your police certificates before lodging a visa application.

Debts to the Australian Government

​Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Inclu​ding family in your application

They must also be able to show they have the same levels of financial support as you.

Your sponsor must agree in writing to include them as secondary sponsored persons. They can do this by including the details of your family members in the nomination application, or by providing this information in a letter to be attached to your visa application.

How to apply

Before you can apply for this visa, your employer must apply to be a sponsor and nominate a position.

Prepare your documents​

Lodge your application online

You can apply for this visa online at:

You must provide all relevant documents and pay the visa application charge when you apply.

You need the Transaction Reference Number (TRN) or Application ID for the nomination your prospective employer lodged. This number identifies that you have been nominated before you start your application. You will not be able to lodge your application without this number.

If you cannot upload your documents, you can scan them and email them as PDF files to your case officer. You will be given the name and contact details of your allocated case officer after you have lodged your application.

Cost​

Sponsorship and nomination charges also apply.

Other costs​

​More information

There is more information to help you prepare your application, which gives advice about certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.

After you have applied

You can track and manage your application using ImmiAccount.

Wait for a decision​

Provide more information

You can provide more information to us at any time until a decision is made on the application. If you want to correct information you provided, use:

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

You can provide additional information, including Form 1023, using ImmiAccount.

If another person gives us information that could result in you being refused a visa, we will usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

To help us locate your application quickly, include the following with any information you give us:

  • your name and date of birth
  • the transaction reference number we gave you when you lodged your application.

Report changes in your circumstances​

​Withdrawing your application

Visa decision


Document checklist for visa applicants

You must provide documents to support your application for this visa.

Use the Document checklist for subclass 457 Visa Applicants​​ to make sure your application is complete.

Visa holders

This information is for people who have already been granted a Temporary Work (Skilled) visa (subclass 457). It explains your rights and obligations.​

How long your visa lasts

This visa can be valid for up to:

You will need to check the letter you received from us when your visa was granted to confirm the date your visa expires. If you no longer have this letter, you can access VEVO instead.

If your sponsor is a start-up business or has traded in Australia for less than 12 months, then the visa will be granted for 18 months.

Note: Subclass 457 visas granted under a Labour Agreement will be granted for 4 years unless the agreement specifies a shorter period.

What this visa lets you do​

This visa allows you to:

  • work in Australia for an approved sponsor for the life of your visa
  • bring your family to work or study in Australia
  • travel in and out of Australia as often as you want.

Your obligations

If you are granted a subclass 457 visa, there are certain conditions that apply to you depending on whether you are the primary or a secondary visa holder. You must comply with the visa condition or conditions that apply to you. Failure to do so might result in your visa being cancelled.

 

Mandatory Visa conditions

Mandatory Condition 8107

 

This condition applies to all primary subclass 457 visa holders only. You must:

  • only work in your nominated occupation
  • start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
  • only work for the sponsor, who nominated the position you are working in (if your sponsor is a standard business sponsor and is an Australian business, you can also work for an associated entity of the sponsor)
  • not cease employment with your approved sponsor for a period of more than 60 consecutive days – if your visa was granted on or after 19 November 2016
  • not cease employment with your approved sponsor for a period of more than 90 consecutive days – if your visa was granted before 19 November 2016
  • obtain any mandatory licence, registration or membership necessary to perform your occupation in Australia and comply with any provisions within 90 days:
    • after initial arrival in Australia on this visa
    • from date of visa grant if already in Australia
  • if your visa was granted on or after 1 December 2015 you must also:
    • not engage in work that is inconsistent with your licence, registration or membership
    • notify us in writing as soon as practicable if your application for the licence, registration or membership is refused
    • notify us in writing as soon as practicable if your licence, registration or membership ceases to be in force or is revoked or cancelled.

To notify us of registration, licence or membership issues you should send an email to: sponsor.notifications@border.gov.au.

You are considered to have ceased employment when either you or your employer notifies us of the date you stopped work.

If you stop working for your sponsor, you must do one of the following within 60 days:

  • find another employer to sponsor you and have them lodge a new nomination, which must be approved before you can start working for them
  • be granted a different visa
  • depart Australia.

If more than 60 consecutive days have passed since the date your sponsor advised us you would be ceasing employment on, you could be in breach of Condition 8107 and your visa could be cancelled.

If you abandon your employment, or are absent without leave, you could be considered to have ceased employment.

If your visa is about to expire and you want to keep working in Australia, you must apply for another subclass 457 visa.

If you want to change your employer and/or nominated occupation while you still hold a valid 457 visa you do not need to apply for a new subclass 457 visa. Your sponsor, new or existing, must lodge a new nomination and this must be approved before you commence working for the new sponsor or in the new nominated position.

Medical practitioners and general managers

Medical practitioners and general managers must work in their nominated occupation but they can work for employers other than their sponsor or an associated entity of their sponsor.

The specific occupations that this applies to are listed in Exemption from the requirement to work directly for the sponsor.

 

Other visa conditions

Condition 8501 is mandatory on all primary and secondary visas. You may also have additional conditions imposed on your subclass 457 visa, including: 8502, 8516, 8522, 8525 and 8526.

For information on any conditions imposed on your visa, please check the letter you received from us when your visa was granted. If you no longer have this letter, you can access VEVO instead.

Report changes

You must tell us if your circumstances change. This includes a new residential address, a new passport, a pregnancy, birth or death or any changes in the composition of your family.

You can use the following forms:

You might be able to update your address and passport details using ImmiAccount.

Children born in Australia

If your child is born in Australia while you hold a 457 visa, you must notify us in writing. Your child will then hold a subclass 457 visa.

You must provide a copy of your child’s Australian birth certificate and the personal details page of their passport. This is particularly important if you are intending to travel outside Australia after the birth of your child.

You must email this information to 457@border.gov.au. General 457 enquiries submitted to this email address will not be responded to.

After you arrive in Australia

Changing employer or occupation

If you have been granted a subclass 457 visa and you want to change your employer or occupation you are not required to apply for a new visa, however before you start working for a new employer or in a new occupation, you must be nominated by your proposed new employer and have that nomination approved first.

If you start working for your proposed new employer or in your new occupation before the nomination is approved, you will be in breach of visa condition 8107 and your subclass 457 visa might be cancelled.

The approval of a new nomination only allows you to change your employer or occupation. It does not extend the length of your subclass 457 visa and does not change the conditions attached to it.

It is your responsibility to ensure that you have a valid visa to remain in Australia at all times. To check the visa conditions and expiry date of your visa, refer to VEVO.

Your employment rights in Australia

All employees in Australia are covered by the Fair Work Act 2009. This includes you as a subclass 457 visa holders. For more information, see Workplace rights for all visa holders working in Australia. ​​​​​

Sponsors

Search SkillS​elect

This information is for employers who want to sponsor a skilled worker from outside Australia for a Temporary Work (Skilled) visa (subclass 457). As an approved sponsor, there is no limit to the number of eligible skilled positions you can nominate.

​Who can become a sponsor

To become a sponsor, you must be able to show that your business:

  • is a lawfully operating business
  • has no relevant adverse information against your business.

Australian businesses must meet a number of requirements, including demonstrating their commitment to employing local labour as well as non-discriminatory recruitment practices.

There are two ways you can become an approved sponsor:

  • Option 1: Apply to be a standard business sponsor
  • Option 2: Negotiate a labour agreement.

Option 1: Apply to be a standard business sponsor

The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the subclass 457 visa program. You must lodge an application to become a standard business sponsor.

You can have only one standard business sponsorship approved at any given time (that is, one sponsorship approval per legal entity) which is usually valid for five years. You can apply to extend your sponsorship at any time during this five-year period by lodging a variation application.

The requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia.

Business in Australia

You must attest, in writing, that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you will not engage in discriminatory recruitment practices.

Make the attestation and the declaration about your workplace record in your sponsorship application form.

Business outside Australia

You must be seeking to employ a skilled worker to either:

  • establish, or help establish, a business operation in Australia
  • fulfil obligations for a contract in Australia.

If your business does not yet have an operating base in Australia, you are not required to satisfy the training requirement.

Option 2: Negotiate a labour agreement

A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. You might be able to enter into a labour agreement if you are in one of the following situations:

You must be able to provide evidence that:

  • there is a genuine and systemic shortage of skilled workers
  • there are no suitably qualified Australian workers available
  • you have a commitment to training Australians.

A labour agreement comes into effect when it has been signed by all parties involved in the negotiations. A labour agreement is typically valid for three years.

How to propose a labour agreement

You need, among other things, to:

  • identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers (you need to show you have tried to recruit in Australia)
  • specify the number of skilled workers needed from outside Australia
  • specify the skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered provided they are specialised and in demand
  • include copies of correspondence showing that relevant stakeholders have been consulted.

You might be able to use a template labour agreement if there is one for your industry or your worker’s occupation. A template labour agreement is a set of standard parameters for similar employers: it does not guarantee an agreement will be approved.

If the template does not suit your needs, you might be able to negotiate an individual agreement.

Labour agreements include a requirement to provide training to Australian employees.

When you have a labour agreement in place, you are an approved sponsor for the term of operation of the agreement. You can then nominate skilled workers from outside Australia under the terms of the labour agreement.

You will also need to meet your sponsorship obligations and any other terms and conditions specified in the agreement. If you breach the terms and conditions of your agreement, we could suspend or terminate it.

To find out more about the labour agreement process, contact us by email labour.agreement.section@border.gov.au.

Standard business sponsors

To sponsor a worker as a standard business sponsor, you must:

  • be a lawfully operating business
  • have no relevant adverse information against your business.

If your business is in Australia, you must also:

  • meet training requirements
  • demonstrate your commitment to employing local labour
  • not engage in discriminatory recruitment practices.

You can use Visa Entitlement Verification Online (VEVO for Organisations) to check the work entitlements of your prospective employees.

A lawfully operating business

You must be a lawfully operating business to apply to be a standard business sponsor. This applies to businesses both in and outside Australia.

To demonstrate this you must show both of the following:

  • your business is legally established
  • your business is actually operating.

A business that exists only on paper cannot satisfy this sponsorship requirement.

If you do not operate in Australia, you must be able to show that you need a skilled worker to:

  • come to Australia to establish, or help establish, a business operation with connections with a business located outside Australia
  • fulfil, or help in fulfil, a contractual obligation.

If your business is new, you can still satisfy this requirement if you can provide evidence that your business is in fact operating, even if this has been for only a short period of time.

Examples of the documents you can use to show that your business is legally established and operating are in the Document checklist.

If you operate a business under a trust arrangement you must provide details of the Trust Name and the Trust ABN when you complete the application form. The application should be made using the name of the Trustee as it appears in the Trust Deed.

Details of the principals of your business such as Owners, Partners, Directors and major Shareholders should be provided when you complete the application form.

Training requirements

You must show that you have contributed to the training of Australian workers by providing evidence of meeting the training benchmarks. These benchmarks were introduced to ensure that the employment of workers from outside Australia is not seen as an alternative to training Australian workers.

To be approved as a standard business sponsor, you 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 you negotiate a labour agreement, your business will have to meet a similar training requirement as part of the agreement.

Training benchmarks

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 or a related 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.

You must provide evidence of expenditure relating to the training benchmarks when you submit your sponsorship application. Not providing evidence can cause a significant delay in processing your application.

The definition of 'payroll' and the types of expenditure that can be counted towards meeting the training benchmarks is outlined in the legislative instrument that specifies the current training benchmarks.

Businesses that do not yet have an operating base in Australia do not need to meet the training benchmarks.

Auditable plans

An auditable plan must clearly identify how the applicant intends to meet one of the training benchmarks. An auditable plan must:

  • relate to the immediate future (within the next 12 months)
  • clearly articulate the forecast payroll for the next 12 months
  • show the intended expenditure towards training benchmark A or training benchmark B
  • show a clear intent to implement the plan.

An auditable plan to meet training benchmark B must clearly articulate the type and duration of training, and the estimated cost of delivering the training.

Sponsorship accreditation

For information on sponsorship accreditation, see: Subclass 457 – Sponsorship Accreditation.

How long the sponsorship lasts

Sponsorships can be valid for:

Australian businesses
Sponsorship for start-up businesses Accredited sponsorships Standard business sponsorships Labour agreement
18 months6 years5 yearsthe length of the labour agreement

 

Overseas businesses
Overseas business seeking to establish a business in Australia Overseas businesses who have a contractual obligation
18 months5 years

As of 3 March 2018, all sponsorships approved will be valid for five years.

If you have a labour agreement in place, you are an approved sponsor for the term of the agreement.

Applying to be a sponsor

This information explains what you need to do to apply to become a sponsor for a Temporary Work (Skilled) visa (subclass 457).

There are two ways an eligible business can become an approved sponsor:

  • negotiate a labour agreement – contact us by email at labour.agreement.section@border.gov.au to ask for an information pack about becoming a labour agreement sponsor
  • apply to be a standard business sponsor using the forms listed below.

You can lodge your sponsorship application at the same time as a nomination and visa application.

Prepare all relevant documents

You need to provide documents to prove the claims you make in the application. These documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have all the required documents ready when you lodge your application to reduce any delays in processing.

Lodge your application to be a standard business sponsor

You can apply to become a standard business sponsor online at:

You must provide all relevant documents and pay the visa application charge by credit card when you apply. Upload your documents through your ImmiAccount when you apply. This will help reduce delays in processing your application.

Fees

There is a fee for businesses applying to become an approved sponsor. Payment of this fee must accompany your application. Payment does not guarantee approval of the application.

To check the current application fee, see Temporary work sponsorship and nomination fees, which can be found under the work tab.

Report changes in your circumstances

You must tell us if your circumstances change. Use the following forms:

You might be able to update your address details using ImmiAccount.

The types of changes that must be notified are:

  • a change to your business trading name, your ABN, or other business details
  • a change to your contact or address details
  • corrections to information you provided in your application.

Changing your business structure

  • Businesses sometimes decide to change their structure and this can have implications if your business sponsors 457 visa holders. If a change in your business structure results in a new legal entity being created (for example, a sole trader commences operating as a company) then the new entity will need to apply to become a standard business sponsor and new nominations will be required for each of your 457 visa holders. If you do not do this you could be breaching your sponsorship obligations and your workers will not be complying with their visa conditions which might result in their visa being cancelled.
  • Changing your business structure could also have implications for you and your 457 visa holder if you want to sponsor them for a permanent visa in the future. You should read the Employer Nomination Scheme pages for more information.

Sponsorship decision

If your application to be sponsor is approved, we will send you a letter with:

  • the date your sponsorship ceases
  • your sponsorship agreement number
  • the obligations you have as a sponsor.

If your application is not approved, we will send you a letter stating:

  • why your application was refused
  • your rights (if any) to a merits review of the decision and relevant time limits.

Sponsor obligations, monitoring and sanctions

For information on sponsorship obligations, monitoring and sanctions, see: Subclass 457 – Sponsorship obligations, monitoring and sanctions.

Adverse information for sponsors

What is adverse information?

Adverse information is information that reveals that a business, or a person associated with the business:

  • has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
  • in relation to a Commonwealth, state or territory law:
    • has been found guilty by a court of an offence
    • has been found to have acted in contravention of the law by a competent authority
    • has been the subject of administrative action (including being issued with a warning) by a competent authority
    • is under investigation, subject to disciplinary action or subject to legal proceedings.

The Commonwealth, state or territory law must be about:

  • discrimination
  • immigration
  • industrial relations
  • occupational health and safety
  • people smuggling and related offences
  • slavery, sexual servitude and deceptive recruiting
  • taxation
  • terrorism
  • trafficking in persons and debt bondage.

When is adverse information relevant to an application?

Adverse information is relevant if it:

  • raises doubts about a person's suitability as an approved sponsor
  • is about something that happened in the previous three years
  • is known to us.

There are limits to what is relevant. For example, information that a business has received a fine for having an unregistered vehicle on a public road is not likely to be relevant. On the other hand, information that the managing director of a company was being investigated for people trafficking offences would clearly be relevant.

What do we do with adverse information?

When we become aware of adverse information, we can:

  • disregard it if it is reasonable to do so
  • refuse an application to sponsor or nominate someone, or refuse their visa application
  • cancel a sponsorship or impose administrative sanctions if the business is already an approved sponsor.

Document checklist for sponsors

You must provide documents to support your application to become a sponsor.

Use the Document checklist for sponsors to make sure your application is complete.

Nominate

Nomination is the process of identifying a position to be filled by a skilled worker from outside Australia in an approved business. Nomination is required for both standard business sponsors and parties to a labour agreement.

The nomination process identifies:

  • the occupation is relevant to the position to be filled
  • the skills and experience required for the position
  • the market salary rate for the position and the salary rate to be paid to the prospective overseas employee
  • the name of the prospective overseas employee
  • where the employee will be working.

How long is the nomination valid for?

An approval of a nomination ceases on the earliest of the following:

  • the day we receive notification in writing of the withdrawal of the nomination by the sponsor
  • 12 months after the day the nomination is approved
  • the day the applicant, or the proposed applicant, for the nominated occupation, is granted a subclass 457 visa
  • if the approval of the nomination is given to a standard business sponsor – three months after the day their approval as a standard business sponsor ceases
  • if the approval of the nomination is given to a standard business sponsor, and their approval as a standard business sponsor is cancelled – the day the approval as a standard business sponsor is cancelled
  • if the approval of the nomination is given to a party to a labour agreement – the day the labour agreement ceases.

Who can nominate

To lodge a nomination you must be an approved business sponsor or have lodged a sponsorship application. You can lodge a sponsorship application at the same time as a nomination (and visa application - where applicable).

How to nominate

In order for an approved sponsor to nominate an eligible occupation, you must at a minimum:

  • name the skilled worker to be employed and state where they will work in Australia
  • meet any direct employer requirements
  • provide employment terms and conditions that meet certain requirements
  • meet the 'genuineness' criterion
  • meet the Temporary Skilled Migration Income Threshold (TSMIT) requirements
  • not be subject to adverse information.

Skilled workers and eligible occupations

The worker you are nominating can be one of the following:

  • a holder of a subclass 457 visa
  • an applicant for a subclass 457 visa
  • a proposed applicant for a subclass 457 visa.

If you are an approved standard business sponsor, the occupation you are nominating must be eligible for the subclass 457 visa programme.

The list of eligible skilled occupations includes a number (an ANZSCO code) next to each occupation title.

You can use this code to find a more detailed description of the qualifications and experience required for each of the eligible occupations from the Australian Bureau of Statistics.

Sponsors who want to employ a 457 worker in an occupation which is not on the list of eligible skilled occupations must instead consider doing so under a Labour agreement.

Identify your nominee

You must identify the person who will work in the nominated occupation at the time you nominate.

When you lodge the nomination you will be asked for the following information:

Your nominee's full name, date of birth and gender, and

  • If your nominee already holds a subclass 457 visa, the Transaction Reference Number (TRN), Application ID or Visa Grant Number for that visa.
  • If your nominee has already lodged a subclass 457 visa application, the TRN or Application ID for that application.
  • If your nominee holds an Australian visa or has previously applied for one, the TRN, Application ID or Visa Grant Number for that visa or application.

You should also identify in the nomination all known members of the family unit of the nominee who will accompany them on their subclass 457 visa.

If your nominee is an existing subclass 457 visa holder and you do not want to include their family member who currently holds a 457 visa, you must outline your reasons in the nomination application form for not including them.

Direct employer requirements

For a business in Australia

The worker you nominate must work directly for your business or for an associated entity of your business, unless the nominated occupation is exempt from this requirement - see Exemption from the requirement to work directly for the sponsor.

You retain ultimate responsibility for the worker you have sponsored, and you must comply with the required sponsorship obligations. If you fail to comply with any applicable sponsorship obligation, it could result in sanctions, barring or cancellation from the subclass 457 visa programme.

For a business outside Australia

If you do not operate a business in Australia, the worker you nominate must work directly for your business only. They are not permitted to work for a business in Australia even if it is an associated entity of your business.

On-hire arrangements

Employers who propose to supply the services of subclass 457 visa holders to unrelated businesses cannot do so under standard business sponsorship. They can only do this through a Labour agreement.

Employment terms and conditions

Unless the overseas worker will be paid AUD250,000 or more, subclass 457 sponsors must ensure that their overseas workers are afforded equivalent terms and conditions of employment to Australian workers. This includes paying overseas workers the 'market salary rate'.

This requirement is designed to protect skilled overseas workers from exploitation. It is also designed to ensure that skilled overseas workers are not used to undercut local employment conditions and wages.

If there is an Australian worker already preforming equivalent work in your organisation in the same location, you should provide evidence of the terms and conditions under which they are employed to demonstrate the market salary rate. This could include the following documents relating to this Australian worker:

  • common law contract
  • pay slips
  • payment summaries
  • state industrial award.

If there is no equivalent Australian worker, you must determine the market salary and provide an explanation and evidence to demonstrate how you have done this. Such evidence could include:

  • fair work instrument or state industrial instrument
  • Australian Bureau of Statistics (ABS) or job outlook data
  • job vacancy advertisements
  • data from reputable remuneration surveys.

Genuine position - for standard business sponsors only

The position associated with the nominated position must be genuine. It must:

  • be consistent with the nature of your business (it must fit broadly within the scope of the activities and the scale of your business)
  • have duties that are consistent with the skill level and the tasks of the nominated occupation as listed in the ANZSCO
  • not have been created just to help your nominee get a subclass 457 visa.

Important: See subclass 457 Document checklist for nominations for advice about the type of evidence you should attach to your nomination application to demonstrate that you meet this requirement.

The Temporary Skilled Migration Income Threshold (TSMIT)

The Temporary Skilled Migration Income Threshold (TSMIT) ensures that your workers will have enough money to be self-reliant while they are in Australia. You must demonstrate that the market salary rate for the position you are seeking to fill is greater than the TSMIT which is currently set at AUD53,900. If the market salary rate for the position you want to fill is below the TSMIT, you cannot offer to pay an overseas worker more just to access the sub class 457 visa programme.

Notes:

  • The TSMIT is compared to the market salary rate for the nominated occupation, not the nominated worker's proposed salary
  • You cannot inflate a nominated worker's proposed salary to meet the TSMIT requirement
  • The TSMIT does not determine the salary you should pay your worker from outside Australia.

Written contract of employment – for standard business sponsors only

Unless the nominated occupation is exempt (see Specification of Occupations for Nominations in Relation to Subclass 457 for Positions other than in the Business of the Nominator), you are required to engage the nominee as an employee under a written contract of employment. A copy of this contract, which has been signed by both you and the nominee, must generally be provided to us.

Adverse information

We can take into account the existence of adverse information whenever we are making particular decisions about sponsors. The adverse information test is applied whenever you or a skilled worker lodges any application in relation to a subclass 457 visa. See Adverse information for sponsors under the sponsors section.

Labour market testing

For information about the Labour Market Testing (LMT) requirement, see Subclass 457 - Labour Market Testing requirement.

 

Lodge your application

If you are or have already applied to be a subclass 457 sponsor, you can lodge a nomination application form online by completing: Form 1196 (Internet).

Once you have lodged your application, you should attach any relevant supporting documentation to your application in ImmiAccount as soon as possible. This will help reduce delays in processing your application. As soon as the Department is required to request additional information from you, this is likely to slow down processing by at least 28 days.

There is a fee for businesses nominating a worker - see Temporary work sponsorship and nomination fees. Payment of this fee must accompany your application. Payment does not guarantee approval of the nomination.

Document checklist for nominations

You must provide documents to support the claims made in your nomination application. These documents are listed in the document checklist for nominations. Some of these could take some time to obtain.

To reduce delays in processing, you should where possible wait until you have these documents ready before you proceed to lodge your application.