Temporary Work Visa

TEMPORARY WORK VISA (ONSHORE OR OFFSHORE)  – Subclass 457

This is a commonly used visa program for employers to source overseas workers to work in Australia on a temporary basis.

WHO IS ELIGIBLE FOR A TEMPORARY SKILLED WORKING VISA

An employer can be either an Australian business or an overseas-based business that is looking to open a branch of that business in Australia.

This visa is for employers who intend to employ overseas workers to fill a skilled position in Australia.

This visa allows the overseas worker to be employed by the sponsoring business for a period of 3 months to 4 years.

OTHER REQUIREMENTS YOU NEED TO SATISFY

An employer must firstly be approved as a sponsor in order to employ overseas skilled workers.

An employer in Australia must also meet benchmarks relating to the training of their Australian citizen and permanent resident employees.

Generally you must demonstrate that you have spent the equivalent of 1% of your total wage expenditure on training the previous 12 months, or you will spend the same amount on training in the next 12 months.

If you are an overseas based business, you may apply to bring your overseas based employees to Australia to do one of the following.

1       Establish a business operation in Australia

2       Fulfil obligations for a contract or other business activities in Australia

3       As of 27 June 2009, there has been a requirement for sponsors under the 457-visa program to attest that they have a strong record of, or a demonstrated commitment to employing local labour, AND non-discriminatory employment practices.

EMPLOYEE AND POSITION REQUIREMENTS FOR THE VISA – 457

As an employee, you must meet all of the following requirements.

1         Be sponsored by an employer to fill a nominated, skilled position within the business

2         Have qualifications, skills, experience and employment history which closely match those required for the position

3         Have English language skills relevant for certain positions. Exemptions exist for passport holders from certain countries

4         Be eligible for any licensing or registration required for the nominated position if required

5         You must be paid at least the minimum salary level that applies on your visa, and at a level which is consistent with an Australian employee in the Australian labour market

BENEFITS OF THE TEMPORARY SKILLED VISA

This visa allows people employed from overseas to.

1           Work in Australia for a period between 3 months and 4 years

2           Bring eligible family members with them to Australia, and they have access to work and study in Australia

3           There are no limits on travel in and out of Australia whilst holding this 457 visa