Temporary Work (Skilled) visa (subclass 457)

Features

This visa lets a skilled worker travel to Australia to work in their nominated occupation for their approved sponsor for up to four years. ​​

Requirements

You might be able to get this visa if:

  • you have been sponsored by an approved business
  • you have the required skills to fill a position nominated by an approved business.

About this visa

The Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years.

You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.

You can be in or outside Australia when you lodge your application.

More information is available from the booklet Temporary Work (Skilled) (subclass 457) visa (649KB PDF).

What this visa lets you do

This visa allows you to:

  • work in Australia for up to four years
  • bring your family to work or study in Australia
  • travel in and out of Australia as often as you want.

Before you apply

This is a sponsored visa. Before you can apply for the visa, your employer must:

  • become an approved sponsor
  • nominate you for a position.

You can apply for this visa at the same time your employer lodges their applications to sponsor and nominate you.

Legislative Instruments

To maintain flexibility in the Subclass 457 visa program, certain aspects of the program are subject to change from time to time. The aspects of the program that may change are contained in what is known as a legislative instrument.

See: Subclass 457 visa Legislative Instruments

No further stay

You cannot apply for this visa if you already hold another visa that has a ‘No further stay’ condition.

Contact us if you are not sure whether your current visa conditions prevent you from applying for a further visa while you are in Australia.

Your passport

You must have a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

You can use Form 929 Change of address and/or passport details (89 KB PDF).

Visa applicants

Submit an expression of interest

This information explains what a skilled worker needs to do to apply for a Temporary Work (Skilled) visa (subclass 457).

Who could get this visa

To apply you must:

  • be nominated to work in an approved occupation on the Skilled Occupation Lists (Formerly Known as Form 1121i)
  • meet the skill requirements for the nominated occupation
  • meet registration and licensing obligations
  • speak vocational English
  • have been nominated by an approved business

Approved occupations

You must work in a skilled occupation that has been approved by the Australian Government.

The list of eligible occupations is available on the Skilled Occupation Lists (Formerly Known as Form 1121i). This list includes a number (an ANZSCO Code) next to each occupation title.

You can use this code to find a more detailed description of the qualifications and experience required for each of the eligible occupations from the Australian Bureau of Statistics.

Skill requirements

You need to show that you have the skills and experience necessary to work in the nominated occupation. The evidence that you can provide is listed in the Document checklist for visa applicants

You are responsible for all your health costs while you are in Australia. You will not be covered by Australia's national health scheme (Medicare) unless your country has a reciprocal health care agreement with Australia.

If your nominated occupation is a trade occupation, you might need to do a skills assessment. The Trades Recognition Australia website has more information on which occupations require an assessment.

If your nominated occupation is 'Project and Program Administrator or Specialist Manager not elsewhere classified', you will need to a skills assessment for migration purposes. The VETASSESS website has more information. You cannot use a VETASSESS skills assessment that you have had for a Skilled General (Temporary) visa (subclass 485) in your application for this visa.

Registration and licensing

If requested by your visa processing case officer, you must provide evidence from the relevant Australian registration or licensing authority that you hold, or will be able to meet, the registration or licensing requirements to work in your nominated occupation.

Your approved sponsor should be able to provide you with the necessary licensing and registration information.

English language requirements

It is important that you can speak, write and understand a sufficient level of English while you are in Australia. We use the International English Language Testing System (IELTS) and the Occupational English Test (OET) to determine your level of English language proficiency.

If you are sponsored by a standard business sponsor, you must show that you have English language proficiency that is equivalent to:

  • an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening, or
  • a score of at least 'B' in each of the four components of an Occupational English Test (OET).

You do not need to show that you meet this requirement if your nominated occupation does not need a level of English language proficiency for a grant of registration, licence or membership and any of the following apply to you:

  • You are to be paid a salary that is more than the English-language-requirement exempt amount. This amount is set at a gross base salary excluding all deductions. The current amount is listed on the gazetted list of English language exemption.
  • You hold a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America.
  • You have completed at least five years of continuous full-time study in a secondary or higher education institution where instruction was conducted in English.

If your nominated occupation needs a level of English language proficiency for a grant of registration, licence or membership, you need to provide evidence that you have the required level. You can do this by providing evidence that you have the relevant registration, licence or membership.

If you are sponsored by a party to a labour agreement, you must meet the English language ability specified in the agreement.

Health requirements

You must meet certain health requirements. The health examinations you need will depend on your personal circumstances, including your period of stay, country of citizenship, time spent in another country during the last five years and your intended activities in Australia. The results of your health examinations are generally valid for 12 months.

This applies to you and any dependent family members included in your application.

You are able to organise your health examinations upfront before lodging a visa application.

Health insurance

You must have adequate health insurance unless you are covered by Medicare. You should ensure that your insurance will provide at least the level of coverage required for the purpose of your stay. Your health insurer could be in either Australia or your home country.

Attachment A in thehealth insurance standard template letter (138 kB RTF) is a guide to the level of health insurance we will accept as adequate.

Your insurance must cover you and any members of your family who come with you to Australia.

Character requirements

You must meet certain character requirements. You must provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age.

This also applies to all dependent family members in the application who are older than 18 years of age.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.

Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Including family in your application

You can include the following people in your visa application:

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

Your family members must be able to show that they meet health and character requirements.

They must also be able to show they have the same levels of financial support and health insurance as you.

Your sponsor must agree in writing to include them as secondary sponsored persons. They can do this by including the details of your family members in the nomination application, or by providing this information in a letter to be attached to your visa application.

How to apply

Before you can apply for this visa, your employer must apply to be a sponsor and nominate a position.

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

Lodge your application online

You can apply for this visa online at:

You must provide all relevant documents and pay the visa application charge by credit card when you apply.

Upload your documents through your ImmiAccount when you lodge your online application. This will help reduce delays in processing the application.

If you cannot upload your documents, you can scan them and email them as PDF files to your case officer. You will be given the name and contact details of your allocated case officer after you have lodged your application.

Cost

The visa application charges are listed in Fees and charges.

Sponsorship and nomination charges also apply.

Other costs

You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

More information

There is more information to help you prepare your application, which gives advice about certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.

After you have applied

After you have lodged your application and documents, we will let you know that we have received your information.

You can track and manage your online application using your ImmiAccount.

 

Wait for a decision

We have visa processing times for each visa.

Your application could take longer if you need character or health checks (including x-rays), if you need to provide more information, or if your application is incomplete.

Outside Australia:
If you apply for this visa from outside Australia, do not make arrangements to travel to Australia until you are advised in writing that you have been granted a visa. Wait for a decision from us before you leave your job, sell your home or book your travel.

In Australia:
If you apply for this visa in Australia, you could be eligible for a Bridging visa that allows you to stay in the country lawfully while your application is processed. If you are given a Bridging visa A, you can apply for a Bridging visa B (BVB) to travel outside Australia while you wait for a decision.

Provide more information

You can provide more information to us at any time until a decision is made on the application. If you want to correct information you provided, use:

  • Form 1023 Notification of incorrect answer(s) (99KB PDF).

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

If you applied online, you can submit any additional information, including Form 1023, through your ImmiAccount.

If another person gives us information that could result in you being refused a visa, we will usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

To help us locate your application quickly, include the following with any information you give us:

  • your name and date of birth
  • the transaction reference number we gave you when you lodged your application.

Report changes in your circumstances

Tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

You can use the following forms:

  • Form 929 Change of address and/or passport details (86 kB PDF) — if you move to a new address or change your passport
  • Form 1022 Notification of changes in circumstances (77 kB PDF) — if there are other changes in your circumstances.

These forms can be submitted to us through your ImmiAccount.

If you do not provide us with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

 

Withdrawing your application

You can withdraw the application at any time before we make a decision about it. To do this, send us a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include the number we gave you when you applied, if you know it – this could be a file reference number, client ID, or a Transaction Reference Number.

If you are 18 years of age or older, you must sign the letter of withdrawal or send a separate email or letter.

Visa decision

If the visa is granted, we will let you know:

  • when you can use the visa
  • the visa grant number
  • any conditions attached to the visa.

You will not have a visa label placed in your passport.

If the visa is not granted, we will let you know:

  • why the visa was refused
  • your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
  • the time limit for lodging an appeal.

Document checklist for visa applicants

You need to provide documents to support your application for this visa. We can make a decision using the information you provide when you lodge your application. It is in your interest to provide as much information as possible with your application.

Provide certified copies of original documents. Do not include original documents unless we specifically ask for them. Police certificates should be original documents. Documents not in English must be accompanied by accredited English translations.

If you applied online, certified copies of original documents can be scanned and attached to your visa application through your ImmiAccount.

Use this checklist to make sure your application is complete.

Forms

Charges

Documents about your occupation and skills

  • A 457 Skills Assessment conducted by a registered training organisation approved by Trades Recognition Australia, if required.
  • If you were nominated in either the occupation Project and Program Administrator or Specialist Manager not elsewhere classified: a VETASSESS skills assessment for migration purposes. You cannot use the results of a VETASSESS skills assessment for Skilled General (Temporary) visa (subclass 485).
  • Qualification certificates (professional and educational).
  • Registration, licensing or professional membership, if required. Documents from the relevant Australian registration and licensing authorities that show you hold, or will be able to meet, necessary registration and licensing requirements. The documents must specify both of the following:
    • the type of registration or licensing held
    • the name and contact details for the registration or licensing authority.

You could be required to take an English language test as part of the licensing and registration requirement, or if required by the relevant authority.

  • References from previous employers that cover a period sufficient to demonstrate the relevant skill level. These should be on the letterhead of the employer and include:
    • the name, title and contact details of the referee
    • details of your position and dates of service.
  • Your curriculum vitae (CV) or resumé, covering at least the last five years, showing:
    • full employment and educational history
    • dates and positions held
    • the name, title and contact details of referees.
  • Documents to show your level of English language proficiency, such as:
    • IELTS test results (must meet English language requirements)
    • OET test results (must meet English language requirements)
    • Education undertaken in English (based on the completion of five continuous years of study at a secondary or higher institution where the instruction was in English).
  • If you are seeking an exemption from the English language requirement on the basis of completion of five continuous years of study at a secondary or higher institution where the instruction was in English, provide the following information:
    • name and location of the institution
    • level of qualification
    • official transcript from the secondary or tertiary institution
    • number of contact hours of instruction per week delivered in English
    • number of years of continuous study.

Personal documents

Your identity

  • Certified copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder's photo and personal details and the issue/expiry dates).
  • One recent passport sized photograph (45 mm x 35 mm) of each person included in the application.
    • These photographs should be of the head and shoulders only against a plain background.
    • Print the name of the person on the back of the photograph.
  • If your name has changed or the name of anyone included in your application has changed: a certified copy of evidence of the name change.

Your relationships

  • If you are living in a de facto relationship: independent evidence that you have been in the relationship for at least 6 months (for example, joint bank account statements or billing accounts in joint names).
  • Evidence of financial dependency for all your family members aged 18 or older:
    • a certified copy of their birth certificate and proof of their relationship to you
    • proof that they live in your household
    • proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application.
  • If relevant, a certified copy of the identification pages of at least one of the following documents:
    • family register document
    • identification document issued by the government.

Your children

  • If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia, such as:
    • certified copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order
    • a statutory declaration giving their permission
    • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years (93 KB PDF).
      If you use Form 1229 or a statutory declaration, you will have to attach a certified copy of the other parent’s government-issued identification document (such as a passport or drivers licence) with their photograph and signature.

Health insurance

  • Evidence of adequate health insurance for the duration of your stay in Australia, such as:
    • a certification letter from your health insurer or broker
    • evidence that you have enrolled with Medicare if your country has a reciprocal health arrangement with Australia
    • the health insurance standard template letter (106 KB RTF file) completed by your insurance provider.

Attachment A of the health insurance standard template letter is a guide to the level of health insurance you need.

Contact information

If information needs to be updated contact the relevant processing area.

Location of Sponsoring Head Office Processing centre
Queensland and Northern Territory (NT)
Brisbane
 
Tasmania and Victoria
Melbourne CBD
 
Western Australia
Perth
 
New South Wales, South Australia and Australian Capital Territory

Parramatta
 

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Visa holders

This information is for people who have already been granted a Temporary Work (Skilled) visa (subclass 457). It explains your rights and obligations.

You can use Visa Entitlement Verification Online (VEVO) for free to check your visa details and entitlements.

How long your visa lasts

This visa can be valid for up to four years after it is granted. If your sponsor is a start-up business, then the visa will be granted for 12 months.

What this visa lets you do

This visa allows you to:

  • work in Australia for up to four years
  • bring your family to work or study in Australia
  • travel in and out of Australia as often as you want.

Your obligations

You and your family must comply with all visa conditions and Australian laws.
You must also:

  • report any changes in your circumstances
  • meet the employment conditions of your visa
  • continue to meet the health insurance requirements.

Report changes

You must tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth or death in your family.

You can use the following forms:

  • Form 929 Change of address and/or passport details ( 89KB PDF file) — if you move to a new address or change your passport
  • Form 1022 Notification of changes in circumstances ( 77KB PDF file) — if there are other changes in your circumstances.

Children born in Australia

If your child is born in Australia, you must notify us in writing. The child will then hold a subclass 457 visa.

You must provide a copy of your child’s Australian birth certificate and the personal details page of their passport. This is particularly important if you are intending to travel outside Australia after the birth.

Employment conditions

You must continue to meet the conditions of your employment while on a subclass 457 visa. This includes:

  • working in the occupation for which you were nominated
  • working for the sponsor who nominated the position you are working in, or an associated entity of the sponsor (if your sponsor is a standard business sponsor in Australia)
  • not ceasing employment for more than 90 consecutive days.

Skilled workers on a subclass 457 visa are considered to have ceased employment when either you or your employer notifies us.

If you stop working for your sponsor, you must do one of the following within 90 days:

  • find another employer to sponsor you (they need to lodge a nomination)
  • apply for a different visa
  • make arrangements to leave Australia.

You must apply for another subclass 457 visa if your visa is about to expire and you want to keep working in Australia.

Registration, licensing or professional membership

Registration, licensing or professional membership is mandatory in the states and territories for some occupations. If this is the case, then you must have sought the relevant registration, licence or membership within 28 days of arriving in Australia.

Medical practitioners and general managers

Medical practitioners and general managers must still work in their nominated occupation but they can work for employers other than their sponsor or an associated entity of their sponsor.

The specific occupations that this applies to are listed in Exemption from the requirement to work directly for the sponsor.

Employee rights in Australia

All employees in Australia are covered by the Fair Work Act 2009. This includes workers employed on  subclass 457 visas.

You are entitled to fair pay and to basic rights and protections in the workplace. Your sponsor must provide you with the same terms and conditions as Australian workers performing the same work in the same work location.

Your sponsor must:

  • show that they are providing you equal pay and conditions of employment to Australian workers performing equivalent work in the same location
  • not make deductions from your pay (other than tax) without your permission
  • only employ you in your approved skilled occupation
  • pay reasonable and necessary travel costs to allow you and your family members to leave Australia, if requested in writing by you, by your family or by us on your behalf
  • not ask you to pay back the cost of your recruitment, including migration agent costs or the costs associated with becoming an approved sponsor
  • make sure that you do not work for other employers
  • not pay you in cash.

For more information contact the Fair Work Ombudsman on 131 394 or Unions Australia on 1300 486 466.

Payment

What you are entitled to be paid depends on factors including which state or territory you work in, your age, what award you are covered by and the details of your workplace agreement. Your employer must pay you regularly. Your employer must not make deductions from your salary (other than for tax purposes) without your permission.

Conditions of employment

All workers in Australia have minimum conditions of employment. These standards cover things such as working hours, payment for overtime, rest breaks, sick leave and holidays.

Paying tax in Australia

In Australia, tax is paid out of money you earn from a job, business or investment. The Australian Taxation Office  (ATO) collects taxes from individuals and businesses to pay for important community services like hospitals, schools and roads. If you are working, your employer automatically takes tax out of your pay.

Before you start work, you should apply for a tax file number (TFN) from the ATO. If you do not have a TFN, your employer must take the maximum amount of tax from your pay. Be sure to keep your TFN secure. Allowing someone else to use your TFN can cause serious problems.

Rights to representation

All workers in Australia have the right to join and be represented by a trade union. Unions provide their members with advice on wages, employment conditions and workplace rights. They help with workplace problems, and bargain with employers about members’ pay and employment conditions.

You do not have to tell your employer you are a union member. Your employer must not treat you unfavourably or dismiss you because you are a member of a union.

If you want to join a union but do not know which union to join, contact Unions Australia on 1300 486 466.

Unfair treatment at work

You have the right not to be dismissed unfairly. You have the right not to be discriminated against for reasons of your race, religion, sex, pregnancy, sexual orientation, disability or for being a member of a trade union.

Other workplace rights

You have the right to work in a safe and healthy workplace. If you have been injured at work, you could be entitled to workers compensation. Your employer cannot treat you unfavourably or dismiss you because you make an inquiry or complaint about your employment (to your employer or to anyone else) or because you seek to enforce your rights.

Useful organisations

To check you are receiving the correct pay, conditions and workplace rights, or to make a complaint about your employer, you can contact:

  • Fair Work Ombudsman on 13 13 94
  • Unions Australia Helpline on 1300 486 466.

If you believe your workplace is unsafe, you can contact your union or the relevant state authority below.

  • New South Wales – WorkCover NSW 13 10 50
  • Victoria – WorkSafe Victoria 1800 136 089
  • Queensland – WorkCover Queensland 1300 362 128
  • Western Australia – WorkCover Western Australia 1300 794 744
  • South Australia – SafeWork SA 1300 365 255
  • Tasmania – Workplace Standards Tasmania 1300 366 322
  • Australian Capital Territory – WorkCover ACT (02) 6205 0200
  • Northern Territory – NT WorkSafe 1800 019 115.

Contact information

If information needs to be updated contact the relevant processing area.

Location of Sponsoring Head Office Processing centre
Queensland and Northern Territory (NT)
Brisbane
 
Tasmania and Victoria
Melbourne CBD
 
Western Australia
Perth
 
New South Wales, South Australia and Australian Capital Territory

Parramatta
 

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Sponsors

Search SkillSelect

This information is for employers who want to sponsor a skilled worker from outside Australia for a Temporary Work (Skilled) visa (subclass 457). As an approved sponsor, there is no limit to the number of eligible skilled positions you can nominate.

You can use Visa Entitlement Verification Online (VEVO for Organisations) to check the visa details and entitlements of a person that you have sponsored.

Who can become a sponsor

To become a sponsor, you must be able to show that your business:

  • is a lawfully operating business
  • meets training requirements (Australian businesses only)
  • agrees to the number of subclass 457 workers to be nominated
  • have no relevant adverse information against your business.

Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices.

There are two ways you can become an approved sponsor:

  • Option 1: Apply to be a standard business sponsor
  • Option 2: Negotiate a labour agreement.

Option 1: Apply to be a standard business sponsor

The standard business sponsorship arrangement is the most common way to sponsor a skilled worker using the subclass 457 visa program. You must lodge an application to become a standard business sponsor.

You can have only one standard business sponsorship approved at any given time (that is, one sponsorship approval per Australian Business Number if your business is in Australia) which is usually valid for three years. You can apply to extend your sponsorship at any time during this three-year period by lodging a variation application.

The requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia.

Business in Australia

You must attest that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you have a strong record of, or demonstrated commitment to non-discriminatory work practices.

Make the attestation and the declaration about your workplace record in your sponsorship application form.

You must also meet training requirements. This means you must either:

  • meet the training benchmarks if you have traded in Australia for 12 months or more
  • have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months.

Business outside Australia

You must be seeking to employ a skilled worker to either:

  • establish, or help establish, a business operation in Australia
  • fulfil obligations for a contract in Australia.

If your business does not yet have an operating base in Australia, you are not required to satisfy the training requirement.

Option 2: Negotiate a labour agreement

A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. You might be able to enter into a labour agreement if you are in one of the following situations:

You must be able to provide evidence that:

  • there is a genuine and systemic shortage of skilled workers
  • there are no suitably qualified Australian workers available
  • you have a commitment to training Australians.

A labour agreement comes into effect when it has been signed by all parties involved in the negotiations. A labour agreement is typically valid for three years.

How to propose a labour agreement

You need, among other things, to:

  • identify the relevant skills shortage in the business and why these vacancies cannot be filled by Australian workers (you need to show you have tried to recruit in Australia)
  • specify the number of skilled workers needed from outside Australia
  • specify the skill and English language requirements that relate to the nominated occupations. Semi-skilled occupations can be considered provided they are specialised and in demand
  • include copies of correspondence showing that relevant stakeholders have been consulted.

You might be able to use a template labour agreement if there is one for your industry or your worker’s occupation. A template labour agreement is a set of standard parameters for similar employers: it does not guarantee an agreement will be approved.

If the template does not suit your needs, you may be able to negotiate an individual agreement.

Labour agreements include a requirement to provide training to Australian employees.

When you have a labour agreement in place, you are an approved sponsor for the term of operation of the agreement. You can then nominate skilled workers from outside Australia under the terms of the labour agreement.

You will also need to meet your sponsorship obligations and any other terms and conditions specified in the agreement.  If you breach the terms and conditions of your agreement, we could suspend or terminate it.     

To find out more about the labour agreement process, contact us by email labour.agreement.section@immi.gov.au.

Standard business sponsors

To sponsor a worker as a standard business sponsor, you must:

  • be a lawfully operating business
  • meet training requirements (Australian businesses only)
  • agree to the number of subclass 457 workers to be nominated, if applicable
  • have no relevant adverse information against your business.
  • Australian businesses must also demonstrate their commitment to employing local labour as well as non-discriminatory recruitment practices.

You can use Visa Entitlement Verification Online (VEVO for Organisations) to check the work entitlements of your prospective employees.

A lawfully operating business

You must be a lawfully operating business to apply to be a standard business sponsor. This applies to businesses both in and outside Australia.

To demonstrate this you must show both of the following:

  • your business is legally established
  • your business is actually operating.

A business that exists only on paper cannot satisfy this sponsorship requirement.

If you do not operate in Australia, you must be able to show that you need a skilled worker to:

  • come to Australia to establish, or help establish, a business operation with connections with a business located outside Australia
  • fulfil, or help in fulfil, a contractual obligation.

If your business is new, you can still satisfy this requirement if you can provide evidence that your business is in fact operating, even if this has been for only a short period of time.

Examples of the documents you can use to show that your business is legally established and operating are in the Document checklist.

Training requirements

You must show that you have contributed to the training of Australian workers by providing evidence of meeting the training benchmarks. These benchmarks were introduced to ensure that the employment of workers from outside Australia is not seen as an alternative to training Australian workers.

To be approved as a standard business sponsor, you must either:

  • meet the training benchmarks if you have traded in Australia for 12 months or more
  • have an auditable plan to meet the training benchmarks if you have been trading in Australia for less than 12 months.

If you negotiate a labour agreement, your business will have to meet a similar training requirement as part of the agreement.

Training benchmarks

If your business has been trading in Australia for more than 12 months, you must show you have contributed to the training of Australians.

You show this by meeting one of two benchmarks. This can be either:

  • Training benchmark A: recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business 
  • Training benchmark B: recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens or Australian permanent residents.

You must provide evidence of expenditure relating to the training benchmarks when you submit your sponsorship application. Not providing evidence can cause a significant delay in processing your application.

Businesses that do not yet have an operating base in Australia do not need to meet the training benchmarks.

Payroll

Payroll is the amount of money an employer pays in wages to their employees in the 12 months immediately before you lodge your application for sponsorship.

Payroll expenditure includes any:

  • wages
  • remuneration
  • salary
  • commission
  • bonuses
  • allowances
  •  superannuation contributions (mandatory or otherwise)
  • eligible termination payments that are defined as wages in the Act relating to payroll tax in the relevant state or territory.

Payments to contractors or sub-contractors count as payroll if the contractor provides some labour services in fulfilling the requirements of the contract. For example, if your contractor is a bricklayer or a carpenter, any payments you make to them should be included as payroll expenditure.

Recent expenditure

For expenditure to qualify as recent, it must have occurred in the 12 months immediately before you lodge your application. This applies to both benchmarks.
If you include payments to contractors in your payroll expenditure, you can also count any eligible training expenditure on them towards the benchmarks.

Industry training funds

Industry training funds are statutory authorities responsible for providing funding for training of eligible workers in certain industries, such as construction and mining.

You should contribute to a fund that operates in the same industry as your business. If your industry does not have an eligible training fund, you can contribute to:

  • a recognised industry body that provides training opportunities for its members, provided they reserve the funds contributed for training
  • a recognised scholarship fund at a university or TAFE college that supports education or training for Australians in the same or a similar industry as your business.

Examples of ways to meet the training benchmarks

You can show you meet the training benchmarks in relation to your Australian employees by:

  • paying for a formal course of study for your Australian employees
  • funding a scholarship in a formal course of study approved under the Australian Qualifications Framework for your Australian employees
  • employing apprentices, trainees or recent graduates on an ongoing basis in numbers proportionate to the size of the business
  • employing a person who trains your Australian employees
  • paying external providers to deliver training for Australian employees
  • providing on-the-job training that is structured with a timeframe and clearly identified increase in the skills at each stage, and demonstrating all of the following:
  • the learning outcomes of the employee at each stage
  • how the progress of the Australian employee will be monitored and assessed
  • how the program will provide additional and enhanced skills
  • the use of qualified trainers to develop the program and set assessments
  • the number of people participating and their skill and occupation.

Expenditure that cannot count towards this benchmark includes expenditure for training that is:

  • delivered on the job, other than on-the-job training that meets the requirements outlined above
  • confined to only one or a few aspects of the businesses broader operations, unless the training is in the primary business activity
  • only done by people who are not Australian citizens or permanent residents
  • only done by people who are principals in the business or their family members
  • only relating to a very low skill level having regard to the characteristic and size of the business
  • wages paid to staff for the time they spend at training.

Expenditure on apprentices and trainees

Apprenticeships and traineeships are training positions. You can count 100 per cent of the salary provided to an apprentice or trainee towards training benchmark B if:

  • they are employed under a formal agreement (known as a training contract)
  • the training contract has been lodged with the relevant state or territory government authority.
  • If you employ an apprentice through a Group Training Organisation you cannot include any commission paid to third parties but you can still include 100 per cent of their salary.

Expenditure on graduates who are part of a formal training program

One hundred per cent of a graduate’s salary can be counted towards training benchmark B if the graduate’s position is part of a formal, structured graduate program of up to two years, or if it is part of a professional year following their graduation. The occupation in which the graduate is working must be relevant or related to the subject of their recently completed qualification.

Expenditure on graduates who are not part of a formal training program

Graduate positions that are not part of a formal, structured graduate program are considered differently because they are already fully qualified for their positions and they can already perform all their duties:

  • you can count only the expenditure that is for the formal training aspects of the graduate position towards training benchmark B
  • you cannot count the total salary of these graduates because graduate positions are not, in themselves, considered to be wholly training positions.

A recent graduate is someone who has completed their higher education studies within the 24 months before you lodge your application to become a standard business sponsor.

Training provided by a franchise head office for franchisees

Training provided to employees of franchisees can be counted towards training benchmark B if you:

  • submit quantifiable evidence of structured training provided to your employees (for example, session plans, learning objectives)
  • make a commitment to continue to provide training to your employees
  • quantify the actual expenditure on training.

If the franchise head office provides the training, you must provide documents that show exactly what percentage of the franchise fee is attributed to training. An estimate of the training component will not be accepted; neither will the entire franchise fee.

Auditable plans

An auditable plan must clearly identify how the applicant intends to meet one of the training benchmarks. An auditable plan must:

  • relate to the immediate future (within the next 12 months)
  • clearly articulate the forecast payroll for the next 12 months
  • show the intended expenditure towards training benchmark A or training benchmark B
  • show a clear intent to implement the plan.

An auditable plan to meet training benchmark B must clearly articulate the type and duration of training, and the estimated cost of delivering the training.

Agree to the number of subclass 457 workers to be nominated

In your sponsorship application, you must tell us the number of people that the business proposes to nominate during the period of approval as a sponsor. You will need to justify why you are proposing that number. The visa processing officer could use the information in your application to propose an alternative number of people to you. You must agree in writing to a number for the sponsorship agreement to be approved.

After your agreement is approved, if your business circumstances change and your need more people than you have agreed to, you must apply to vary the terms of the sponsorship agreement.

Sponsorship accreditation

You can apply for accreditation if you have a long history of good dealings with us. This includes lodging a high volume of good quality, decision-ready applications and an excellent record of compliance with relevant laws.

The advantages of accreditation are:

  • it doubles the time a business can be a subclass 457 sponsor
  • your sponsorship is valid for six years
  • you will receive priority processing of all nomination and visa applications.

Your accredited status can be revoked if you no longer meet the required characteristics. This means you will no longer receive priority processing. Your accreditation will still remain valid for six years.

How to apply for sponsorship accreditation

Accredited status can be applied for by either submitting a new sponsorship application or applying for a variation of a current sponsorship agreement.

You can apply for accredited status using the same forms you use to apply to become a standard business sponsor. If you do not meet the characteristics for accredited status, your application for standard business sponsorship will still proceed and be assessed in the usual way.

Who can apply for accreditation

To be approved for accredited status, you must meet the standard sponsorship requirements at the time of application as well as all of the following characteristics:

  • be a government agency, a publicly-listed company, or a private company, with a minimum of AUD4 million turnover per year for the last three years
  • have been an active subclass 457 visa sponsor for the past three years (with a break of no more than six months, not due to any sanction)
  • have no adverse information known about you based on monitoring by us and the Department of Education, Employment and Workplace Relations
  • have had at least 30 primary subclass 457 visa holders granted in the previous 12 months
  • have lodged a high level of decision-ready applications over the previous two years
  • have a non-approval rate of less than three per cent for the previous three years
  • have Australian workers comprising at least 75 per cent of your workforce in Australia and a commitment to maintain this level.

How long the sponsorship lasts

We will tell you how long your standard business sponsorship lasts in the approval letter we send you. The approval will be for a certain time or until the number of approved nominations agreed to is reached, whichever occurs earlier:

  • standard business sponsorships will be valid for three years
  • if your business is a start-up business, its sponsorship is valid for 12 months
  • if your business gains sponsorship accreditation, it is valid for six years. Accredited sponsors do not need to agree to a certain number of approved nominations.

If you have a labour agreement in place, you are an approved sponsor for the term of the agreement.

Applying to be a sponsor

This information explains what you need to do to apply to become a sponsor for a Temporary Work (Skilled) visa (subclass 457).

There are two ways an eligible business can become an approved sponsor:

  • negotiate a labour agreement  –  contact us by email at labour.agreement.section@immi.gov.au to ask for an information pack about becoming a labour agreement sponsor
  • apply to be a standard business sponsor using the forms listed below.

You can lodge your sponsorship application at the same time as a nomination and visa application.

Prepare all relevant documents

You need to provide documents to prove the claims you make in the application. These documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have all the required documents ready when you lodge your application to reduce any delays in processing.

Lodge your application to be a standard business sponsor

You can apply to become a standard business sponsor online at:

You must provide all relevant documents and pay the visa application charge by credit card when you apply. Upload your documents through your ImmiAccount when you apply. This will help reduce delays in processing your application.

Report changes in your circumstances

You must tell us if your circumstances change. Use the following forms:

  • Form 929 Change of address and/or passport details ( 89KB PDF file) — if you move to a new address or change your passport
  • Form 1022 Notification of changes in circumstances ( 77KB PDF file) — if there are other changes in your circumstances.

These forms can be submitted to us through your ImmiAccount.

The types of changes that must be notified are:

  • a change to your business trading name, your ABN, or other business details
  • a change to your contact or address details
  • corrections to information you provided in your application.

Sponsorship decision

If your application to be sponsor is approved, we will send you a letter with:

  • the date your sponsorship ceases
  • your sponsorship agreement number
  • the obligations you have as a sponsor.

In our decision, we will also tell you the number of subclass 457 workers you can sponsor over the term of your sponsorship agreement, if applicable.

If your application is not approved, we will send you a letter stating:

  • why your application was refused
  • your rights (if any) to a merits review of the decision and relevant time limits.

Sponsor obligations

Approved sponsors are required to meet certain sponsorship obligations. Some obligations apply beyond the term of sponsorship approval.

These obligations help protect overseas skilled workers from exploitation. The obligations also ensure the program is being used to meet genuine skills shortages, and not to undercut local labour wages and conditions.

As a sponsor you must:

  • cooperate with inspectors
  • ensure equivalent terms and conditions of employment
  • keep records
  • provide records and information to the Minister
  • tell us when certain events occur
  • ensure  the visa holder  participates in the nominated occupation, program or activity
  • not recover from, transfer or charge certain costs to another person
  • pay travel costs to enable sponsored people to leave Australia
  • pay costs  to remove unlawful non-citizens
  • provide training to Australians and permanent residents.

Cooperate with inspectors

You must cooperate with inspectors appointed under the Migration Act 1958 (the Act) who are investigating whether:

  • a sponsorship obligation is being, or has been, complied with
  • you have hired an illegal worker
  • there are other circumstances in which we could take administrative action.

This obligation:

  • starts on the day the sponsorship is approved or work agreement commences
  • ends five years after the day the approved sponsorship ends  or work agreement ceases.

Cooperating with inspectors can include (but is not limited to):

  • providing access to premises 
  • producing and providing documents within the requested timeframe  
  • not preventing  or attempting to prevent ,access to a person who has custody of, or access to, a record or documents 
  • providing officers with access to interview any person on their premises.

Ensure equivalent terms and conditions of employment

If you are a standard business sponsor, the  terms and conditions of employment for the person you have sponsored must be no less favourable than those you provide, or would provide to an Australian performing equivalent work in the same location. Further, if you are a standard business sponsor, the terms and conditions of employment for the person you have sponsored must be no less favourable than the terms and conditions you advised you would be providing to the sponsored person at the time of the nomination.

This obligation does not apply to a sponsor if the annual earnings of their sponsored visa holder are equal to, or greater than AUD250000.

If you sponsor someone under a work agreement, you must ensure that the people you sponsor are paid the amount specified in the work agreement.

This obligation starts on the day (whichever is the earliest):

  • the person you have sponsored is granted a subclass 457 visa
  • your nomination is approved (if they already hold a subclass 457 visa when your nomination was approved)

This obligation ends either:

  • on the day the sponsored visa holder stops working for you, or 
  • on the day they are granted a further visa other than another subclass 457 visa, or a bridging visa, a criminal justice visa, or an enforcement visa.

If the sponsored visa holder is granted another subclass 457 visa to continue to work for you, this obligation continues.

Keep records

You must keep records that show your compliance with your sponsorship obligations. All of the records must be kept in a reproducible format and some must be capable of verification by an independent person. Records that must be kept, in addition to records that must be kept under other Australian Government, and state or territory laws, include the following:

  • written requests for payment of outward travel costs for a sponsored visa holder  or their family, including when the request was received 
  • how the outward travel costs were paid for a sponsored visa holder or their family, how much was paid, for whom they were paid, and when they were paid 
  • notifying us of an event required to be reported to us, including the date and method of notification and where the notification was provided 
  • tasks performed by the sponsored visa holder  in relation to the nominated occupation and where the tasks were performed 
  • money paid to the sponsored visa holder (unless the sponsored visa holder earns over AUD250 000)
  • money applied or dealt with in any way on behalf of the sponsored visa holder  or as the sponsored visa holder directed (unless the sponsored visa holder earns over AUD250 000)
  • non-monetary benefits provided to the sponsored visa holder , including the agreed value and the time at which, or the period over which, those benefits were provided (unless the sponsored visa holder earns over AUD250 000)
  • if there is an equivalent worker in your workplace, a record of the terms and conditions that apply to the equivalent worker, including the period over which the terms and conditions applied (unless the sponsored visa holder earns over AUD250 000)
  • the written contract of employment each sponsored visa holder is engaged under
  • if you were lawfully operating a business in Australian at the time of your approval as a standard business sponsor or variation of the terms of your approval as a standard business sponsor—how you are complying with the training obligation
  • if you are a party to a work  agreement, the records required to be kept under the work  agreement.

The obligation starts the day the sponsorship is approved or work agreement begins.

This obligation ends two years after both of the following:

  • your sponsorship or the work agreement ceases 
  • you are no longer sponsoring anyone. 

Provide records and information to the Minister

You must provide records or information, if they are requested by a departmental officer that goes to determining whether:

  • a sponsorship obligation is being or has been complied with, and 
  • determining whether other circumstances, in which the Minister may take administrative action, exist or have existed,
    in the manner and timeframe requested by the department.

We may ask you in writing to provide records or information which relate to your sponsorship obligations, and any other matters that relate to your sponsorship of Subclass 457 visa holders. You must provide the records or information requested if it is a record or information that:

  • you are required to keep under Commonwealth, state or territory law
  • you have an obligation to keep as a sponsor.

This obligation starts to apply on the day the sponsorship is approved or work agreement commences.

This obligation ends two years after:

  • your sponsorship or work agreement ceases, and
  • you no longer have a sponsored visa holder.

Tell us when certain events occur  

You must tell us in writing when certain events occur. Send the information by registered post or electronic mail to a specified address and within certain timeframes of the event occurring.

Examples of events include (but are not limited to):

  • a change to your address or contact details
  • the end or expected ending of a primary sponsored visa holder’s employment, program or activity
  • a change to the duties carried out by the primary sponsored visa holder.

This obligation starts to apply on the day the standard business sponsorship is approved or the work agreement commences.

This obligation ends two years after:

  • your sponsorship or the work  agreement ends, and 
  • you are no longer sponsoring anyone.

Changes or events that all sponsors must notify within 10 working days

You must notify us within 10 working days if:

  • the sponsored visa holder’s employment ends, or is expected to end(the sponsor must tell  us if the end date changes) 
  • there are changes to the work duties carried out by the sponsored visa holder 
  • you are a standard business sponsor and there is a change to the information in the sponsorship application or the application to vary a term of sponsorship approval relating to the training requirement and the sponsor’s address and contact details
  • if you are a party to a work agreement and there is a change to the address and contact details or the training information provided in the work  agreement
  • you have paid the return travel costs of a sponsored visa holder  or any of their family members in accordance with the obligation to pay return travel costs
  • you have become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
  • your business ceases to exist as a legal entity.

If your business is a company

A company must also notify us of the following changes or events within 10 working days if:

  • a new director is appointed
  • an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001
    • the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001
    • a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001
    • a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001
    • a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001
    • the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001
    • procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001.

If you are an individual

If you operate your business as an individual, you must also notify us of the following changes or events within 10 working days:

  • you enter into a personal insolvency agreement under Part X of the Bankruptcy Act 1966
  • you enter into a debt agreement under Part IX of the Bankruptcy Act 1966
  • a sequestration order is made against your estate under Part IV of the Bankruptcy Act 1966
  • you become a bankrupt by virtue of the presentation of a debtor’s petition under Part IV of the Bankruptcy Act 1966
  • you present a declaration of intention to present a debtor’s petition under Part IV of the Bankruptcy Act 1966
  • a composition or scheme of arrangement is presented in relation to you in accordance with Division 6 of Part IV of the Bankruptcy Act 1966.

If your business is a partnership

You must also notify us of the following changes or events within 10 working days:

  • a new partner joins the partnership
  • any of the events listed for an individual or a company occurs.

If your business is an unincorporated association

An unincorporated association must also notify us within 10 working days if:

  • a new member is appointed to the managing committee of the association
  • any of the events listed for an individual or a company occurs.

Where to send a notice of an event or change

You must send details of these events to one of our offices in the state or territory in which the head office of your organisation is located.

Ensure that the visa holder participates in the nominated occupation, program or activity

You must ensure that the person you have sponsored  participates only in the  occupation, program or activity for which you nominated them. If you want to engage a visa holder for  a different occupation, program or activity, you must lodge a new nomination application. This obligation starts on the day the person you have sponsored is granted a visa. If they already hold a visa when you nominate them, your obligation starts on the day the nomination is approved.

This obligation ends on the day (whichever is the earliest):

  • the sponsored visa holder has a nomination approved for another approved sponsor
  • the sponsored visa holder is granted another  substantive visa of a different type for which you sponsored them (unless that other visa is a bridging visa, criminal justice visa or enforcement visa  
  • the sponsored visa holder  has left Australia and  the relevant visa (and any subsequent bridging visa) is no longer in effect.

If you are a standard business sponsor, you must employ the person you have sponsored under a written contract of employment. They cannot work for another business, and you cannot supply them to another business.  If you were lawfully operating a business in Australia at the time you were approved as a standard business sponsor, the person may work for an associated entity.

You cannot engage in activities related to the recruitment or hire of the sponsored visa holder to another business unless it is an associated entity and you lawfully operated a business in Australia at the time you were approved as a standard business sponsor (or at the time the terms of your approval were last varied).

The only exception to this rule is if the sponsored visa holder’s occupation is an exempt occupation for the purposes of this obligation.  For a complete list of exempt occupations and their relevant Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The obligation ends on the day the sponsored visa holder  is granted another substantive visa of a different subclass from the one they last held. The obligation continues if the sponsored visa holder is granted another subclass 457 visa to continue to work for you. 

Not recover, transfer or charge certain costs to another person

You must not take any action or seek to take any action that would result in the transfer or charging of costs  (including migration agent costs) to another person, such as a sponsored visa holder or their sponsored family members this includes costs that relate to:

  • the recruitment of  the person you sponsored 
  • becoming or being a sponsor or former approved sponsor.

This obligation:

  • starts on the day the sponsorship is approved or the work agreement commences
  • ends on the following two events: 
    • you cease to be an  approved sponsor or party to a work agreement 
    • you  no longer have a sponsored visa holder.

Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include:

  • cost of sponsorship and nomination charges
  • migration agent costs associated with the lodgement of sponsorship and nomination applications
  • administrative costs and any sundry costs an employer incurs when they conduct recruitment exercises, including:
    • recruitment agent fees
    • migration agent fees
    • the cost of job advertising
    • screening of candidates, short listing, interviews and reference checks
    • salaries of recruitment or human resource staff
    • the cost of outsourcing background checks, police checks and psychological testing where they relate to an employer determining an applicant’s suitability for the position
    • training of new staff
    • responding to queries for prospective candidates, and advising unsuccessful applicants
    • travel costs for the sponsor to interview and/or meet the applicant either overseas or in Australia.  

Pay travel costs to enable sponsored people to leave Australia

You must pay reasonable and necessary travel costs to enable the sponsored person  and their sponsored family members to leave Australia. They  must ask you in writing for you to pay the costs. We can also make a written request  on their behalf.

The costs will be considered reasonable and necessary if they include all of the following:

  • travel from the sponsored persons usual place of residence in Australia to their place of departure from Australia 
  • travel from Australia to the country (for which the sponsored visa holder holds a passport) and intends to travel to
  • economy class air travel or, where that is not available, a reasonable equivalent.

Travel costs must be paid within 30 days of receiving the request.

You will only be required to pay return travel costs once. If a sponsored person returns to Australia (whilst holding the visa for which you sponsored them) after you have paid their return travel costs, you will not be required to pay their return travel costs again.

This obligation starts on the day:

  • the visa is granted (if the sponsored person did not already hold a visa when your nomination of them was approved , or
  • your nomination is approved (if the person already held  a visa in this subclass when your nomination is approved).

This obligation ends on the day (whichever is the earliest):

  • another sponsor has their nomination application for the sponsored person approved
  • the person you sponsored is granted another visa other than a subclass 457 visa, a bridging visa, a criminal justice visa, or an enforcement visa the person you sponsored has left Australia and the relevant visa (and any subsequent bridging visa) is no longer in effect. 

Pay costs to locate and remove an unlawful non-citizen

In the event a primary sponsored person (or any of their sponsored family members) becomes an unlawful non-citizen, you may be required to pay the costs incurred by the Commonwealth in locating and/or removing the primary or secondary sponsored persons from Australia.

You may be liable to pay the Commonwealth the difference between the actual costs incurred by the Commonwealth (up to a maximum of AUD10 000) less any amount which may have already been paid under the obligation to pay travel costs to enable sponsored persons to leave Australia (see ‘Obligation to pay travel costs’ above).

This obligation starts on the day the person you sponsored becomes an unlawful non-citizen. It ends five years after they leave Australia.  This means that the department might, up to five years after the person you have sponsored has left Australia, give you a letter requiring payment of the costs that the Commonwealth paid to locate and remove the person you sponsored prior to their departure from Australia.

Provide training to Australians and permanent residents

If you are a standard business sponsor and you lawfully operated a business in Australia at the time you were approved as a standard business sponsor (or at the time you had your terms of approval varied). You must contribute to the training of Australians by:

  • spending an equivalent of at least two per cent of your payroll in payments to an industry training fund that operates in the same industry as you; or
  • spending an equivalent to at least one per cent of your payroll in the provision of training to employees of your business who are Australian citizens or Australian permanent residents.

The obligation begins on the day you are approved as a sponsor. You must meet this obligation in each 12 month period within which you employ a sponsored visa holder (including if the sponsored visa holder is not employed by you for the full twelve months). Where your approval as a standard business sponsor is varied, you must meet the training requirement if you employ one or more primary sponsored persons.

The obligation ends either:

  • three years after you are approved as a sponsor
  • if you are an accredited sponsor, six years after you are approved as a sponsor.

Monitoring of sponsors and visa holders

You must comply with your obligations as a sponsor. We monitor your compliance with the sponsorship obligations and whether your visa holders are upholding their visa conditions.

We monitor you while you are a sponsor and for up to five years after you cease being a sponsor. We do this routinely and in response to information provided to us, and in three main ways:

  • writing to you to ask for information in accordance with the obligation to provide records and information
  • site visits, usually to the sponsored business premises, with or without notice
  • exchanging information with other Commonwealth, state and territory government agencies, including the Fair Work Ombudsman, the Department of Employment and the Australian Taxation Office.

Your compliance with the sponsorship obligations might be monitored by Immigrations inspectors, Fair Work Inspectors or Fair Work Building Industry Inspectors who have investigative powers under the Migration Act 1958. Failure to cooperate with inspectors is a breach of the sponsorship obligations.

Sanctions for not meeting your sponsor obligations

If you do not meet your obligations, we could take one or more of the following actions:

Administrative

  • you could be barred from sponsoring more people for a specified time
  • you could be barred from applying for approval to be a sponsor, in relation to this visa or another one
  • all of your existing approvals as a sponsor could be cancelled.

Enforceable undertaking

You could be invited to enter into an enforceable undertaking.  Enforceable undertakings require you to promise, in writing, to undertake to complete certain actions to demonstrate that the failures have been rectified and won’t happen again.

Civil

  • we can issue an infringement notice of up to AUD10200 for a body corporate and AUD2040 for an individual for each failure.
  • we can apply to a court for a civil penalty order of up to AUD51 000 for a corporation and AUD10200 for an individual for each failure.

Other circumstances in which administrative action might be taken

In addition, you could also have sanctions imposed if:

  • you provide false or misleading information to us or the Migration Review Tribunal
  • you no longer satisfy the criteria for approval as a sponsor or for variation of a term of that approval
  • you have been found by a court or competent authority to have contravened a Commonwealth, state or territory law
  • the person you have sponsored breaks a law relating to the licensing, registration or membership needed to work in the nominated position.
  • The types of actions that could be taken depend on whether the sponsor is a standard business sponsor or has made  a work agreement.

    If you have sponsored someone under a work  agreement, we could suspend or terminate it in accordance with the clauses of the particular work  agreement.

Adverse information for sponsors

What is adverse information?

Adverse information is information that reveals that a business, or a person associated with the business:

  • has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
  • in relation to a Commonwealth, state or territory law:
    • has been found guilty by a court of an offence
    • has been found to have acted in contravention of the law by a competent authority
    • has been the subject of administrative action (including being issued with a warning) by a competent authority
    • is under investigation, subject to disciplinary action or subject to legal proceedings.

The Commonwealth, state or territory law must be about:

  • discrimination
  • immigration
  • industrial relations
  • occupational health and safety
  • people smuggling and related offences
  • slavery, sexual servitude and deceptive recruiting
  • taxation
  • terrorism
  • trafficking in persons and debt bondage.

When is adverse information relevant to an application?

Adverse information is relevant if it:

  • raises doubts about a person's suitability as an approved sponsor
  • is about something that happened in the previous three years
  • is known to us.

There are limits to what is relevant. For example, information that a business has received a fine for having an unregistered vehicle on a public road is not likely to be relevant. On the other hand, information that the managing director of a company was being investigated for people trafficking offences would clearly be relevant.

What do we do with adverse information?

When we become aware of adverse information, we can:

  • disregard it if it is reasonable to do so
  • refuse an application to sponsor or nominate someone, or refuse their visa application
  • cancel a sponsorship or impose administrative sanctions if the business is already an approved sponsor.

Document checklist for sponsors

You need to provide documents to support your application to become a sponsor. We could ask you for more information, but we can make a decision using the information you provide when you lodge the application. It is in your interest to provide as much information as possible with your application.

You must provide certified copies of original documents. Do not include original documents unless specifically requested by us. Documents not in English must be accompanied by accredited English translations.

Certified copies of original documents can be scanned and attached to your visa application through your ImmiAccount.

Use this checklist to make sure your application is complete.

Forms

Complete an application form:

Charges

  • Pay the visa sponsorship charge.

General business documents

  • Australian business number (ABN) registration certificate.
  • Business names extract (trading name/s).
  • If your business is a company, provide one of the following:
    • Australian Securities and Investment Commission (ASIC) company extract
    • Australian registered body number (ARBN)
    • Australian Stock Exchange (ASX) listing registration (if applicable).
  • If your business operates under a trust arrangement, provide relevant pages of the trust deed (pages listing parties to the trust and the signature page).
  • If you are a franchisee, provide the relevant pages of the franchise agreement (pages listing the parties to the agreement and the signature page).

Documents to show you are lawfully operating a business

Australian business

  • An Australian business must show it is legally established by providing evidence of the business registration details. This could be an:
    • Australian business number (ABN)
    • Australian company number (ACN)
    • Australian registered body number (ARBN)
    • Australian Stock Exchange (ASX) code.
  • To show that your business is operating, you should provide the following documents, where relevant:
    • recent financial reports (profit and loss statements for the most recently concluded financial year)
    • company annual report
    • business tax returns for the most recently concluded financial year
    • business activity statements (BASs).
  • New businesses can show they are operating by providing:
    • a detailed business plan
    • contract of sale relating to the purchase of the business
    • lease agreement relating to business premises
    • contracts to provide services
    • evidence of employment of staff
    • business activity statements (BASs) for each complete quarter from commencement of operations to date of lodgement
    • business bank statements covering the period of operation.

Business outside Australia

  • If you are operating a business outside Australia, you must also show that the business is legally operating and established. This could include:
    • a company or business expansion plan
    • an agreement to enter into a joint venture between you and a party in Australia
    • a contract between you and a party in Australia.

Documents to show your business meets training requirements

  • If you have traded in Australia for 12 months or more, provide documents to show that you meet one of the following training benchmarks:
    • Training benchmark A: recent expenditure to the equivalent of at least two per cent of the payroll of the business, in payments allocated to an industry training fund that operates in the same industry as the business
    • Training benchmark B: recent expenditure to the equivalent of at least one per cent of the payroll of the business, in the provision of training to employees of the business.
    • Examples of documents include:
    • receipts for training expenditure for your employees who are Australian citizens or Australian permanent residents
    • payroll details (salary costs and numbers) for trainees and apprentices and evidence that a Training Contract exists
    • receipts for contributions made to an Industry Training Fund
    • other documents that support your application.
  • If you have traded in Australia for less than 12 months, provide an auditable plan to show how you will meet one of the training benchmarks, including:
    • the forecast payroll for the next 12 months
    • the intended expenditure towards either training benchmark
    • how you will implement the plan
    • for training benchmark B, clearly articulate the type and duration of training, and the estimated cost of delivering the training.

Contact information

If information needs to be updated contact the relevant processing area.

Location of Sponsoring Head Office Processing centre
Queensland and Northern Territory (NT)
Brisbane
 
Tasmania and Victoria
Melbourne CBD
 
Western Australia
Perth
 
New South Wales, South Australia and Australian Capital Territory

Parramatta
 

​​​

Nominate

Nomination is the process of identifying a position to be filled by a skilled worker from outside Australia in an approved business. Nomination is required for both standard business sponsors and parties to a labour agreement.

The nomination process identifies:

  • the occupation is relevant to the position to be filled
  • the skills and experience required for the position
  • the market salary rate for the position and the salary rate to be paid to the prospective overseas employee
  • the name of the prospective overseas employee
  • where the employee will be working.

How long is the nomination valid for?

An approval of a nomination ceases on the earliest of the following:

  • the day we receive notification in writing of the withdrawal of the nomination by the sponsor
  • 12 months after the day the nomination is approved
  • the day the applicant, or the proposed applicant, for the nominated occupation, is granted a subclass 457 visa
  • if the approval of the nomination is given to a standard business sponsor – three months after the day their approval as a standard business sponsor ceases
  • if the approval of the nomination is given to a standard business sponsor, and their approval as a standard business sponsor is cancelled – the day the approval as a standard business sponsor is cancelled
  • if the approval of the nomination is given to a party to a labour agreement – the day the labour agreement ceases.

Who can nominate

To lodge a nomination you must be an approved business sponsor or have lodged a sponsorship application. You can lodge a sponsorship application at the same time as a nomination and visa application.

To nominate an eligible occupation, you must:

  • name the skilled worker to be employed and state where they will work in Australia
  • meet direct employer requirements
  • provide employment terms and conditions that meet certain requirements
  • meet the genuineness criterion
  • meet the Temporary Skilled Migration Income Threshold
  • not be subject to adverse information.

Skilled workers and eligible occupations

The worker you are nominating can be one of the following:

  • a holder of a subclass 457 visa
  • an applicant for a subclass 457 visa
  • a proposed applicant for a subclass 457 visa.

If you are an approved standard business sponsor, the occupation you are nominating must be eligible for the subclass 457 visa program.

The list of eligible occupations is available on the Skilled Occupation Lists (Formerly Known as Form 1121i). This list includes a number (an ANZSCO code) next to each occupation title.

You can use this code to find a more detailed description of the qualifications and experience required for each of the eligible occupations from the Australian Bureau of Statistics.

Sponsors who want to employ a worker in an occupation which is not on the Consolidated Sponsored Occupations List must do so under a labour agreement.

Labour market testing requirement

Labour market testing (LMT) in the Subclass 457 programme was introduced by the Migration Amendment (Temporary Sponsored Visas) Act 2013 which was passed by Parliament in June 2013 and commences on 23 November 2013.

Standard business sponsors are required to test the local labour market prior to lodging a nomination and, on implementation of the LMT condition, must provide information with their nomination about their attempts to recruit Australian workers and how they have determined on the basis of these attempts that there is no suitably qualified and experienced Australian citizen, Australian permanent resident or eligible temporary visa holder available to fill the position.

The LMT requirement does not apply to nominations lodged by parties to a labour agreement.

Eligible temporary visa holders

A person is an eligible temporary visa holder in relation to a nomination if, at the time the nomination is made:

  • the person is the holder of a Subclass 417 (Working Holiday Maker) visa or a Subclass 462 (Work and Holiday) visa; and
  • the person is employed in the agricultural sector by the nominating employer (or an associated entity of that business); and
  • the temporary visa does not prohibit the person from performing that employment.

International trade obligations

LMT will not need to occur where it would conflict with Australia’s international trade obligations, in any of the following circumstances:

  • The worker you nominate is a citizen of Chile or Thailand, or is a Citizen/Permanent Resident of New Zealand.
  • The worker you nominate is a current employee of a business that is an associated entity of your business that is located in an Association of South-East Asian Nations (ASEAN) country (Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam), Chile or New Zealand.
  • The worker you nominate is a current employee of an associated entity of your business who operates in a country that is a member of the World Trade Organisation, where the nominated occupation is listed below as an “Executive or Senior Manager” and the nominee will be responsible for the entire or a substantial part of your company's operations in Australia.
  • Your business currently operates in a World Trade Organisation member country and is seeking to establish a business in Australia, where the nominated occupation is listed below as an “Executive or Senior Manager”.
  • The worker you nominate is a citizen of a World Trade Organisation member country and has worked for you in Australia on a full-time basis for the last two years.

Executive or senior manager occupations

For the purposes of international trade obligations, the following occupations are considered to be Executives or Senior Managers:

Occupation

ANZSCO Code

Chief Executive or Managing Director

111111

Corporate General Manager

111211

Sales and Marketing Manager

131112

Advertising Manager

131113

Public Relations Manager

131114

Corporate Services Manager

132111

Finance Manager

132211

Human Resource Manager

132311

Policy and Planning Manager

132411

Research and Development Manager

132511

Construction Project Manager

133111

Project Builder

133112

Engineering Manager

133211

Production Manager (Forestry)

133511

Production Manager (Manufacturing)

133512

Production Manager (Mining)

133513

Supply and Distribution Manager

133611

Primary Health Organisation Manager

134213

Regional Education Manager

134412

Education Managers nec

134499

Chief Information Officer

135111

ICT Project Manager

135112

ICT Managers nec

135199

Environmental Manager

139912

Laboratory Manager

139913

Quality Assurance Manager

139914

Specialist Managers nec

139999

Corporate Treasurer

221212

World Trade Organization member countries

Countries who are currently members of the World Trade Organization are listed in the following table:

Albania

Germany

Nigeria

Angola

Ghana

Norway

Antigua and Barbuda

Greece

Pakistan

Argentina

Grenada

Panama

Armenia

Guatemala

Papua New Guinea

Australia

Guinea

Paraguay

Austria

Guinea-Bissau

Peru

Bahrain, Kingdom of

Guyana

Philippines

Bangladesh

Haiti

Poland

Barbados

Honduras

Portugal

Belgium

Hong Kong, China

Qatar

Belize

Hungary

Romania

Benin

Iceland

Russian Federation

Bolivia

India

Rwanda

Botswana 

Indonesia

Saint Kitts and Nevis

Brazil

Ireland

Saint Lucia

Brunei Darussalam

Israel

Saint Vincent & the Grenadines

Bulgaria

Italy

Samoa

Burkina Faso

Jamaica

Saudi Arabia, Kingdom of

Burundi

Japan

Senegal

Cambodia

Jordan

Sierra Leone

Cameroon

Kenya

Singapore

Canada

Korea, Republic of

Slovak Republic

Cape Verde

Kuwait, the State of

Slovenia

Central African Republic

Kyrgyz Republic

Solomon Islands

Chad

Lao People’s Democratic Republic

South Africa

Chile

Latvia

Spain

China

Lesotho

Sri Lanka

Chinese Taipei

Liechtenstein

Suriname

Colombia

Lithuania

Swaziland

Congo

Luxembourg

Sweden

Costa Rica

Macao, China

Switzerland

Côte d'Ivoire

Madagascar

Tajikistan

Croatia   

Malawi

Tanzania

Cuba

Malaysia

Thailand

Cyprus

Maldives

The former Yugoslav Republic of Macedonia (FYROM)

Czech Republic

Mali

Togo

Democratic Republic of the Congo

Malta

Tonga

Denmark

Mauritania

Trinidad and Tobago

Djibouti

Mauritius

Tunisia

Dominica

Mexico

Turkey

Dominican Republic

Moldova, Republic of

Uganda

Ecuador

Mongolia

Ukraine

Egypt

Montenegro

United Arab Emirates

El Salvador

Morocco

United Kingdom

Estonia

Mozambique

United States of America

European Union

Myanmar

Uruguay

Fiji

Namibia

Vanuatu

Finland

Nepal

Venezuela, Bolivarian Republic of

France

Netherlands

Viet Nam

Gabon

New Zealand

Zambia

Gambia

Nicaragua

Zimbabwe

Georgia

Niger

Occupation based exemptions from LMT

If international trade obligations do not apply to the nomination, you may be exempt from the requirement to provide evidence of labour market testing depending on the occupation that you are nominating.

Occupations not exempt from LMT

The following list is provided as a guide to the occupations which require labour market testing (any occupations which do not appear in the list below but are eligible for the subclass 457 programme and are described by ANZSCO as being skill level 3 or 4 require labour market testing):

Occupation

ANZSCO Code

Engineering Manager

133211

Nursing Clinical Director

134212

Ship's Engineer

231212

Chemical Engineer

233111

Materials Engineer

233112

Civil Engineer

233211

Geotechnical Engineer

233212

Structural Engineer

233214

Transport Engineer

233215

Electrical Engineer

233311

Electronics Engineer

233411

Industrial Engineer

233511

Mechanical Engineer

233512

Production or Plant Engineer

233513

Mining Engineer (Excluding Petroleum)

233611

Petroleum Engineer

233612

Aeronautical Engineer

233911

Agricultural Engineer

233912

Biomedical Engineer

233913

Engineering Technologist

233914

Environmental Engineer

233915

Naval Architect

233916

Engineering Professionals nec

233999

Midwife

254111

Nurse Manager

254311

Nurse Practitioner

254411

Registered Nurse (Aged Care)

254412

Registered Nurse (Child and Family Health)

254413

Registered Nurse (Community Health)

254414

Registered Nurse (Critical Care and Emergency)

254415

Registered Nurse (Developmental Disability)

254416

Registered Nurse (Disability and Rehabilitation)

254417

Registered Nurse (Medical)

254418

Registered Nurse (Medical Practice)

254421

Registered Nurse (Mental Health)

254422

Registered Nurse (Perioperative)

254423

Registered Nurse (Surgical)

254424

Registered Nurse (Paediatrics)

254425

Registered Nurses nec

254499

Telecommunications Engineer

263311

Telecommunications Network Engineer

263312

Pathology Collector (Aus)/Phlebotomist (NZ)

311216

Electronic Engineering Draftsperson

312411

Mechanical Engineering Draftsperson

312511

Building and Engineering Technicians nec
312999
Automotive Electrician
321111
Motor Mechanic (General)
321211
Diesel Motor Mechanic
321212
Motorcycle Mechanic
321213
Small Engine Mechanic
321214
Blacksmith
322111
Electroplater
322112
Farrier
322113

Metal Casting Trades Worker

322114

Metal Polisher

322115

Sheetmetal Trades Worker
322211
Metal Fabricator
322311
Pressure Welder
322312
Welder (First Class)
322313

Aircraft Maintenance Engineer (Avionics)

323111

Aircraft Maintenance Engineer (Mechanical)

323112

Aircraft Maintenance Engineer (Structures)

323113

Fitter (General)
323211
Fitter and Turner
323212
Fitter-Welder
323213
Metal Machinist (First Class)
323214

Textile, Clothing and Footwear Mechanic

323215

Metal Fitters and Machinists nec

323299

Engraver

323311

Gunsmith

323312

Locksmith
323313

Precision Instrument Maker and Repairer

323314

Saw Maker and Repairer

323315

Watch and Clock Maker and Repairer

323316

Engineering Patternmaker

323411

Toolmaker

323412

Panelbeater

324111

Vehicle Body Builder

324211

Vehicle Trimmer

324212

Vehicle Painter

324311

Bricklayer

331111

Stonemason
331112
Carpenter and Joiner
331211
Carpenter
331212
Joiner
331213

Floor Finisher

332111

Painting trades workers
332211
Glazier
333111
Fibrous Plasterer
333211
Solid Plasterer
333212

Roof Tiler

333311

Wall and Floor Tiler

333411

Plumber (General)
334111
Airconditioning and Mechanical Services Plumber
334112
Drainer
334113
Gasfitter
334114
Roof plumber
334115
Electrician (General)
341111
Electrician (Special Class)
341112
Lift Mechanic
341113
Airconditioning and Refrigeration Mechanic
342111
Electrical Linesworker
342211
Technical Cable Jointer
342212

Business Machine Mechanic

342311

Communications Operator

342312

Electronic Equipment Trades Worker
342313
Electronic Instrument Trades Worker (General)
342314
Electronic Instrument Trades Worker (Special Class)
342315

Cabler (Data and Telecommunications)

342411

Telecommunications Cable Jointer

342412

Telecommunications Linesworker

342413

Telecommunications Technician

342414

Baker

351111

Pastrycook

351112

Butcher or Smallgoods Maker (Excluding the activity of slaughtering animals, or primarily boning, slicing or packaging meat in a non-retail setting.)

351211

Cook

351411

Dog Handler or Trainer

361111

Horse Trainer

361112

Zookeeper

361114

Kennel Hand

361115

Animal Attendants and Trainers nec

361199

Shearer

361211

Veterinary Nurse

361311

Florist

362111

Gardener (General)

362211

Arborist

362212

Landscape Gardener

362213

Greenkeeper

362311

Nurseryperson

362411

Hairdresser

391111

Print Finisher

392111

Screen Printer

392112

Graphic Pre-press Trades Worker

392211

Printing Machinist

392311

Small Offset Printer

392312

Canvas Goods Fabricator

393111

Leather Goods Maker

393112

Sail Maker

393113

Shoemaker

393114

Apparel Cutter

393211

Clothing Patternmaker

393212

Dressmaker or Tailor

393213

Clothing Trades Workers nec

393299

Upholsterer

393311

Cabinetmaker

394111

Furniture Finisher

394211

Picture Framer

394212

Wood Machinist

394213

Wood Turner

394214

Wood Machinists and Other Wood Trades Workers nec

394299

Boat Builder and Repairer
399111
Shipwright
399112

Chemical Plant Operator

399211

Gas or Petroleum Operator

399212

Power Generation Plant Operator

399213

Jeweller

399411

Broadcast Transmitter Operator

399511

Camera Operator (Film, Television or Video)

399512

Light Technician

399513

Make Up Artist

399514

Musical Instrument Maker or Repairer

399515

Sound Technician

399516

Television Equipment Operator

399517

Performing Arts Technicians nec

399599

Signwriter

399611

Diver

399911

Optical Dispenser

399913

Optical Mechanic

399914

Plastics Technician

399916

Wool Classer

399917

Fire Protection Equipment Technician

399918

Technicians and Trades Workers nec

399999

Diversional Therapist

411311

Enrolled Nurse

411411

Mothercraft Nurse

411412

Defence Force Member – Other Ranks

441111

Emergency Service Worker

441211

Fire Fighter

441212

Prison Officer

442111

Driving Instructor

451211

Funeral Workers nec

451399

Flight Attendant

451711

Travel Attendants nec

451799

First Aid Trainer

451815

Diving Instructor (Open Water)

452311

Gymnastics Coach or Instructor

452312

Horse Riding Coach or Instructor

452313

Snowsport Instructor

452314

Swimming Coach or Instructor

452315

Tennis Coach

452316

Other Sports Coach or Instructor

452317

Dog or Horse Racing Official

452318

Sports Umpire

452322

Other Sports Official

452323

Footballer

452411

Golfer

452412

Jockey

452413

Court Bailiff or Sheriff (Aus)/Court Collections Officer (NZ)

599212

Sportspersons nec

452499

Insurance Investigator

599611

Insurance Loss Adjuster

599612

Insurance Risk Surveyor

599613

Clinical Coder

599915

Auctioneer

611111

Stock and Station Agent

611112

Insurance Agent

611211

Business Broker

612111

Property Manager

612112

Real Estate Agent

612114

Real Estate Representative

612115

Retail Buyer

639211

Wool Buyer

639212

Driller

712211

 

Major disasters

If a major disaster has occurred in Australia an exemption from labour market testing may be provided in order to assist disaster relief or recovery.  This exemption can only be granted, in writing, by the Minister for Immigration and Border Protection.

Period in which labour market testing must have been undertaken

Labour market testing must have been undertaken within the previous twelve months prior to lodging a nomination.

Evidence of labour market testing

If you are not exempt from the labour market testing requirement, you must provide evidence of having tested the Australian labour market within the twelve months prior to lodging the nomination.  This evidence must be provided at the time you lodge the nomination. If you do not attach this evidence to your application it cannot be approved and will be refused.

Mandatory evidence

You must provide information with the nomination about your attempts to recruit Australians, including the details and expenses of any advertising you conducted.

You can complete the domestic recruitment table as evidence of your recruitment activities and attach it to your nomination.

See: Domestic recruitment summary table (72kB pdf)

Optional evidence

You can provide other information and evidence about your attempts to recruit Australians, such as labour market research, expressions of support from government employment agencies or information about your participation in job and career expositions.

Redundancies or retrenchments

If an Australian citizen or permanent resident has been retrenched or made redundant in your business, or an associated entity of your business, within the four months prior to lodging your nomination, you must also provide information about those redundancies or retrenchments.

You must have undertaken labour market testing after those redundancies or retrenchments, and you must provide information and evidence of that labour market testing with your nomination.

Direct employer requirements

For a business in Australia

If you are an approved standard business sponsor who operates a business in Australia, the worker you nominate must work directly for your business or for an associated entity of your business.

In either case, you retain ultimate responsibility for the worker you have sponsored, and you must comply with the required sponsorship obligations.

If you fail to comply with any applicable sponsorship obligation, it could result in sanctions, barring or cancellation from the subclass 457 visa program.

Some occupations are exempt from this requirement. They are listed in:

For a business outside Australia

If you do not operate a business in Australia, the worker you nominate must work directly for your business only. They are not permitted to work for a business in Australia even if it is an associated entity of your business.

On-hire arrangements

Employers who propose to supply the services of subclass 457 visa holders to unrelated businesses cannot do so under standard business sponsorship. They can only do this through a labour agreement.

Employment terms and conditions

For standard business sponsors, the obligation to ensure equivalent terms and conditions of employment will mean that you must pay your workers the market salary rate. This requirement is designed to protect skilled overseas workers from exploitation. It is also designed to ensure that skilled overseas workers are not used to undercut local employment conditions and wages.

If you are a party to an approved labour agreement, you must pay your overseas workers in accordance with the terms of the agreement.

You must satisfy us that the proposed terms and conditions of employment are appropriate for that location and industry

You can demonstrate the market salary rate by referring to the terms and conditions that apply to an Australian worker, as follows:

  • If the terms and conditions of the Australian performing equivalent work are directly set by an industrial instrument (such as a modern award or enterprise agreement), that instrument may be used to demonstrate the market salary rate. If you are referring to an award to demonstrate the market salary rate, you must provide evidence that Australians performing equivalent work are being paid the award rate.
  • If the Australian worker is not covered by an industrial instrument because they are employed under a common law contract, the terms and conditions in the contract can be used to demonstrate the market salary rate.

You can also demonstrate the market salary rate by referring to an industrial instrument (such as a modern award or enterprise agreement) that directly sets the terms and conditions of Australians performing equivalent work.

Applicable industry awards may be used to demonstrate the market salary rate where the awards directly set the terms and conditions of Australians performing equivalent work.

If there is no equivalent worker or relevant industrial instrument, you must demonstrate the market salary rate. Relevant evidence could include, but is not limited to:

  • data from reputable remuneration surveys
  • published earnings data (for example data from the Australian Bureau of Statistics)
  • evidence of what employees performing equivalent work are paid in similar workplaces in that location.

Exemption from demonstrating market salary rates

A standard business sponsor is not required to demonstrate payment of market salary rate if the proposed annual earnings of the worker is at least AUD250 000 (the exemption rate).

The genuineness criterion

A standard business sponsor is required to certify that the tasks of the position correspond to the tasks of an occupation eligible under the subclass 457 visa program. 

A standard business sponsor could be asked to provide evidence supporting the certification

The Temporary Skilled Migration Income Threshold (TMSIT)

The Temporary Skilled Migration Income Threshold (TSMIT) ensures that your workers will have enough money to be self-reliant while they are in Australia.

You must demonstrate that the market salary rate for the position you are seeking to fill is greater than the TSMIT. If the market salary rate for the position you want to fill does not exceed the TSMIT, you will not be able to access the subclass 457 visa program.

From 1 July 2013, the TSMIT is set at AUD53 900.  It is indexed annually on 1 July.

The current TSMIT level is listed at Temporary Skilled Income Threshold (TSMIT) and market rates exemption level, you can check it before lodging a nomination application.

The TSMIT and market rates

If the market salary rate for the position you want to fill is below the TSMIT, you cannot offer to pay an overseas worker more just to access the program.

  • The TSMIT is compared to the market salary rate for the nominated occupation, not the nominated worker's proposed salary.
  • You cannot inflate a nominated worker's proposed salary to meet the TSMIT requirement.
  • The TSMIT does not determine the salary you should pay your worker from outside Australia. It should not be considered as the applicable market salary rate if you do not currently employ an equivalent Australian citizen or permanent resident.

Adverse information

We can take into account the existence of adverse information whenever we are making particular decisions about sponsors.

The adverse information test is applied whenever you or a skilled worker lodges any application in relation to a subclass 457 visa.

See adverse information for sponsors in the sponsors section for more information.

Lodge your application

This information explains how you prepare and lodge your application to nominate a skilled worker. You must apply or have already applied to be an approved business sponsor.  You need to lodge a new nomination for each occupation and position you seek to fill.

Provide all relevant documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the document checklist

Some of the documents could take some time to obtain. You should have them ready when you lodge your application to reduce any delays in processing.

If your skilled worker already holds a subclass 457 visa, you might be asked to provide evidence that they have the skills required to perform the nominated occupation. This could include asking them to do a formal skills assessment.

Lodge your application online

Australian businesses can apply online by completing:

You must provide all relevant documents and pay the visa application charge by credit card when you apply.

If you lodge your application electronically, you can upload your documents through our website. This will help reduce delays in processing your application.

Certification

You will need to certify certain claims about the position you are nominating. The type of certification that you must make depends on whether you are an approved standard business sponsor, or a party to a labour agreement.

Standard business sponsors

If you are a standard business sponsor you must certify in writing that:

  • the tasks of the position include a significant majority of the tasks of the nominated occupation listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), or the nominated occupation specified in the gazetted list of eligible occupations
  • the qualifications and experience of the skilled worker you are nominating for a position are commensurate with the qualifications and experience specified for the occupation in the ANZSCO, or if there is no ANZSCO code, for the nominated occupation in the gazetted list of eligible occupations
  • if you are lawfully operating a business in Australia, the nominated occupation is for a position within the business, or an associated entity, of the sponsor (unless the nominated occupation is an exempted occupation)
  • if you are a business outside Australia and you do not yet have a base in Australia, the nominated occupation is for a position in your business (unless it is an exempted occupation).

Labour agreement

If you are a party to a labour agreement you must certify in writing:

  • that the tasks of the position include a significant majority of the tasks of the nominated occupation listed in the ANZSCO, or the nominated occupation specified in the labour agreement
  • the qualifications and experience of the nominee identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the ANZSCO, or if there is no ANZSCO code, for the nominated occupation in the labour agreement
  • any additional requirements specified in the labour agreement.

Document checklist for nominations

You need to provide documents to support your application to nominate someone for this visa. We could ask you for more information, but we can make a decision using the information you provide when you lodge the application. It is in your interest to provide as much information as possible with your application.

You must provide certified copies of original documents. Do not include original documents unless specifically requested by us. Documents not in English must be accompanied by accredited English translations.

Use this checklist to make sure your application is complete.

Forms

Charges

  • Pay the visa application charge.

Documents about the nominated position (not about the person being nominated)

  • Job title, duty statement and responsibilities.
  • Other relevant documents.

Documents to show that you provide equivalent terms and conditions of employment

  • A copy of the common law contract, certified agreement or enterprise agreement, or industrial instrument that will apply to the nominated person.  
  • If there are Australian citizens or permanent residents performing equivalent work in your business at the same location, provide:
    • appropriate references to or copies of certified agreements
    • appropriate references to an industrial award
    • copies of relevant employment contracts
    • copies of the relevant Australian worker's pay slips.
  • If there are no Australian citizens or permanent residents performing equivalent work in your business at the same location, provide:
    • appropriate references to or copies of certified agreements
    • appropriate references to an industrial award
    • appropriate references to or copies of remuneration surveys
    • similar job vacancy advertisements
    • appropriate references to the Australian Government’s Job outlook
    • appropriate references to the Australian Bureau of Statistics survey of Employee earnings and hours
    • written advice from employer associations and unions
    • a written statement outlining how you have used the submitted evidence to determine what you would pay an equivalent Australian worker.

Documents to show that you have undertaken labour market testing (if applicable)

If you are not exempt, you must provide evidence to show that you have completed labour market testing in the last 12 months. If you do not attach the following evidence to your application it will be refused.

  • You must provide evidence of your attempts to recruit Australians which includes:
    • copies of job advertisements and payment details
      or
    • domestic recruitment summary table.
  • You might also provide other evidence of your attempts to recruit Australians:
    • copies of references to research published in the last four months relating to labour market trends generally and in relation to the nominated occupation
    • expressions of support from Commonwealth, state or territory government authorities with responsibility for employment matters
    • information about your participation in job or career expos
    • details of fees or expenses paid for recruitment activities
    • details of the results of your recruitment attempts including details of any positions filled as a result.

If you are not required to undertake labour market testing because an international trade obligation applies, you need to provide documents to show that:

  • your nominee is a citizen of Chile or Thailand, or a citizen or permanent resident of New Zealand:
    • copy of the biodata page (personal particulars) of your nominee’s passport
    • copy of your nominee’s citizenship certificate
    • copy of your nominee’s permanent residence visa (New Zealand only).
  • your nominee is currently working for a business that is an associated entity of your business and is located in Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Vietnam, Chile or New Zealand:
    • copy of an employment reference stating who your nominee is currently working for (on company letterhead)
    • copies of your nominee’s current payslips / contract of employment
    • company registration documents to show that your business is associated with your nominee’s current employer.
  • your nominee will be responsible for the entire or a substantial part of your company’s operations in Australia:
    • company organisation chart
    • detailed job description / duty statement.
  • your nominee is a citizen of a World Trade Organisation member country and they have worked for you in the nominated position for the last two years:
    • copy of the biodata page (personal particulars) of your nominee’s passport
    • copy of your nominee’s citizenship certificate
    • copy of your nominee’s current employment contract or letter of offer confirming the date their employment commenced.

Contact information

If information needs to be updated contact the relevant processing area.

Location of Sponsoring Head Office Processing centre
Queensland and Northern Territory (NT)
Brisbane
 
Tasmania and Victoria
Melbourne CBD
 
Western Australia
Perth
 
New South Wales, South Australia and Australian Capital Territory

Parramatta
 

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Estimate the cost of your visa

Will the primary applicant be in Australia when the application is lodged?
* Price will be displayed in Australian dollars unless changed.
The Visa Pricing Estimator requires you to answer the questions as accurately as possible to provide you with an estimate for lodging a visa application. The estimator does not include the second instalment of the visa application charge which is payable for some visas. Please note this is an estimate for a visa application, if you have already lodged your application and you want to change/add applicants please refer to the Visa Pricing Table. The Department of Immigration and Border Protection Visa Pricing Estimator will give you an estimate of the charges you may need to pay to lodge a visa application. This is paid after you have made your application but before the visa can be granted. Read the department's full disclaimer. The Commonwealth of Australia does not guarantee the accuracy, currency or completeness of any material in the Visa Pricing Estimator.

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