The Australian 457 Employer Sponsored Migration Visa allows overseas skilled workers to work in Australia, with applicants able to work for a qualified sponsor in the nominated position for up to four years. The Australian 457 Migration Visa, officially known as the Temporary Work (Skilled) visa (subclass 457), must be sponsored by a qualified Australian employer, who must demonstrate that they are unable to find a suitable Australian citizen or permanent resident to fill the skilled position. Holders of the Australian 457 visa who have worked for two years may apply for the Employer Sponsored Migration visa subclass 186 or 187 to obtain permanent residency in Australia.
1. Application requirements for the Australian 457 Employer Sponsored Migration Visa
1. Obtain a job nomination from an Australian employer (the occupation must be on the CSOL list);
2. Meet the skill requirements for the nominated occupation, which may require a skills assessment for skilled occupations;
3. Meet the registration and licensing requirements specified for the occupation;
4. Meet the English language requirements, typically requiring an average IELTS score of 5, with no individual score below 4.5;
5. Have a nomination from a qualified company;
6. Meet health and character requirements.
2. Advantages of the Australian 457 Employer Sponsored Migration Visa
1. Can work in Australia for up to four years; if the employer is a startup or has been operating for less than 12 months, the visa is valid for 18 months;
2. Can bring family members (spouse and dependent children) to work or study in Australia;
3. Can travel freely in and out of Australia during the visa validity period;
4. Lower English language requirements, with an average IELTS score of 5 and no individual score exceeding 4.5;
5. After working for two years, can apply for Australian permanent residency visas subclass 186 and 187.
3. Application process for the Australian 457 Employer Sponsored Migration Visa
1. Sign a contract and match with an employer
(1) Client signs a contract;
(2) Officially initiate employer matching to identify a suitable employer;
(3) Immigration lawyers assist the employer in applying for overseas sponsorship qualifications;
2. Employer interview and issuance of employment contract
(1) Arrange for the applicant to interview with the employer;
(2) Employer issues a job offer, and both parties sign an employment contract;
(3) After receiving the employment contract, the client prepares documents to apply for the immigration department's nomination;
3. Apply for personal nomination and obtain nomination
(1) The immigration department processes the applicant's nomination;
(2) The applicant waits for the immigration department's background check;
(3) The immigration department approves the nomination;
4. Submit the 457 visa application, the applicant prepares a complete set of immigration visa application materials, including for the primary and secondary applicants;
5. After working for two years, transition to Australian permanent residency visas subclass 186 or 187.
4. Obligations of the primary applicant for the Australian 457 visa
1. Starting from November 19, 2016, the primary applicant of the Australian 457 visa must find a new job and reapply for the visa within 60 days after ceasing to work for the sponsoring employer;
2. Can only work in the nominated position;
3. Offshore applicants must start working within 90 days of visa approval and entry into Australia; onshore applicants must start working within 90 days of visa approval;
4. Can only work for the sponsoring employer;
5. The time off work cannot exceed 60 days;
6. Obtain the necessary licenses, registrations, or qualifications for the job, and comply with professional ethics (applicants approved after December 1, 2015, must obtain the relevant qualifications within 90 days of entering Australia).
Applicants for the Australian 457 Employer Sponsored Migration Visa, if engaged in occupations that are not Level 1 or Level 2, require the employer to provide a Labor Market Testing (LMT), which requires the employer to advertise for recruitment within Australia. If no local employees are found through normal recruitment, only then can they sponsor overseas individuals for the Australian Employer Sponsored Migration 457 work visa. In the 2015-16 fiscal year, the Australian immigration department issued a total of 85,611 Australian 457 temporary work visas.