457 Visas

Temporary Work Visas (457 VISAS)

There a number of short term temporary work visas but the most commonly utilised is the Temporary Work (Skilled) visa as it provides for temporary residence with work rights for up to 4 years, and can provide a pathway to Australian permanent residence without the need for a formal skills assessment after a qualifying period.

Overview

The Temporary Work (Skilled) (subclass 457) visa is designed to enable employers to address labour shortages by bringing in genuinely skilled workers where they cannot find an appropriately skilled Australian.  Putt Legal is attuned to the needs of Australian and overseas companies seeking to quickly fill such shortages or to engage highly skilled or specialised overseas personnel or consultants.

You can find the list of occupations that are eligible under the subclass 457 visa programme on the Immigration Department’s website here.  (Please be aware that the list of occupations are subject to change and that some occupations are subject to "caveats".)

The subclass 457 visa is the most commonly used programme for employers to sponsor overseas workers to work in Australia on a temporary basis. The subclass 457 visa allows businesses to employ overseas workers for up to 4 years in skilled occupations only.

Subclass 457 visa holders can:

  • work in Australia for a period of between one day and 4 years (depending on their contract and their nominated occupation)

  • bring any eligible dependants with them to Australia — dependants can work and study

  • after entering Australia, have no limit on the number of times they can travel in and out of Australia
     

Application Stages

There are 3 processing stages in sponsoring an employee from overseas under the subclass 457 visa programme: 

1) Sponsorship

The employer applies for approval as a standard business sponsor.

2) Nomination

The employer nominates an occupation for a prospective or existing subclass 457 visa holder. 

3) Visa application

The person nominated to work in the nominated occupation applies for the subclass 457 visa. This is the final step to obtaining a subclass 457 visa.

These 3 stages do not have to be done in sequence; Putt Legal has the experience to do all at the same time to reduce delays.
 

What happens when?

Employer

If you are lawfully operating a business either in or outside of Australia, and you are seeking to sponsor an overseas skilled worker under the subclass 457 visa programme, you must lodge an application with the department to become an approved standard business sponsor. Then you must nominate a position to be filled.

You can lodge a nomination application indicating the nominated position within your business, and the proposed overseas skilled worker, when you lodge your application for standard business sponsorship approval.

Employee

If you are an overseas skilled worker, and have been nominated by a business that is an approved standard business sponsor that is lawfully operating either in or outside Australia, you can apply for a subclass 457 visa.

This is a general overview of 457 Visas. We encourage you to make an appointment with Putt Legal to find out more.