Employer Sponsored Visas
The subclass 457 visa is designed to allow Australian employers to recruit overseas employees when businesses are unable to fulfill their employment needs from within the Australian market. The visa is a temporary residency visa that can be granted for a period of time ranging from 3 months to 4 years. The visa process is a three phase process involving a sponsorship, nomination and visa application.
The business needs to satisfy a number of criteria including providing evidence that it is actively engaged in business activities and has a satisfactory training record. New businesses and proposals may be considered if there is a clear intention to establish the business and an auditable training plan is in place.
Businesses that have no formal operating base or representation in Australia may also apply to bring employees to Australia, on a temporary basis, in order to
Establish a branch, joint venture or agency distribution and subsidiary branches in Australia; or
Fulfil obligations for a contract or other business activity in Australia
Sponsors will need to nominate an occupation for the employee that is on the government’s gazetted list, and will need to demonstrate that the employee will be paid a market related salary. In addition, for the nomination to be approved, the market salary rate must be greater than the Temporary Skilled Migration Income Threshold (TSMIT). The TSMIT is currently A$53,900
Employees must demonstrate that they have the necessary skills and qualifications to undertake the position nominated. In addition the employee and family members will need to pass medical checks.
The business will also have to demonstrate that Australia will benefit through the employment of temporary entrants in the business and that the business will introduce new “cutting edge” technology to Australia. It will also need to demonstrate that there is a commitment to training Australians and employing Australians once the business is established.