Long Stay Business Visa – 457
When an Australian company wishes to employ a skilled overseas person they need to sponsor the individual and this is typically done under a Long Stay Business Visa, subclass, 457. This will allow an overseas person to work and live in Australia for a temporary period of time, usually up to 4 years.
What is involved in a Subclass 457, Long Stay Business Visa application?
Three requirements need to be met:
- Employer needs to be approved as a sponsor. This will require the employer to present documents such as financial statements, investment in training of its employees, marketing material, company registration, organizational chart and other identifying details about the company. The training benchmark that the company has to reach is 1% of payroll in the last financial year or 2% of payroll which it has paid to an industry training fund. Companies have certain obligations when sponsoring overseas employees which can be monitored by the Department of Immigration and Border Protection at any time to ensure that they are meeting these obligations;
- Nomination – the position that the company requires the overseas applicant to work in has to be presented and described in terms of an occupation on a Government Gazette Notice. Each occupation on this Gazette Notice is coded according to the Australia and NZ Standard Classification of Occupation (ANZCO). In addition, this Government Gazette notice states the minimum salary payable under this visa category. At present the minimum salary is $53, 900 plus superannuation. The salary has to be shown to be market related.
- Visa Applicant needs to demonstrate by presenting evidence that they have sufficient skills acquired through recognized qualifications, training or experience to meet the requirements of the position. There is also an English language requirement that needs to be met for certain occupations. If the applicant is from a country in which English is not the first language, a score of 5 in each of the 4 bands of the IELTS test would need to be achieved in the last three years prior to lodging the application. If a visa holder already has a 457 visa, they can transfer the remainder of the term left on the visa to a new business sponsor.
This visa can be issued for up to 4 years and can be renewed after that.
Please call us on 02 94116000 or email on email@example.com to have a discussion about any aspect of a 457 sponsorship and visa application – whether you are an employer or visa applicant we can advise if you are likely to be approved and how the regulations apply to your circumstances.