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Subclass 457 visa 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.

These legislative instruments are essentially legal documents that describe particular rules of the subclass 457 visa program that may be changed by the Minister for Immigration and Citizenship. Legislative instruments are published on the ComLaw website.

This page lists and links to these legislative instruments and gives a brief description of what is contained in the instrument. For more information on any of the requirements these instruments refer to please booklet 9, Temporary Work (Skilled) (subclass 457) visa (649KB PDF).

The explanations and names for the instruments listed here are in plain English to assist with understanding what each instrument does. For the precise legal definition of the role of the instrument and its Federal Register of Legislative Instruments number, please refer to the instrument itself.

Subclass 457 visa eligible occupations

Occupations listed in both Schedule 1 and Schedule 2 to this instrument are eligible for subclass 457 visas.
See: Specification of occupations, a person or body, a country or countries

The list is known as the Consolidated Sponsored Occupation List and a simpler version is available.
See: Skilled Occupation Lists

These occupations are described in accordance with the Australian and New Zealand Standard Classification of Occupations.
See: Australian and New Zealand Standard Classification of Occupations

English language tests, scores and exemptions

This instrument lists the tests and scores that are required to demonstrate English language proficiency for subclass 457 applicants and also the occupations and salary levels where a subclass 457 visa applicant is not required to demonstrate their English proficiency.
See: English Language Exemptions

Training Benchmarks

This instrument lists the requirements to meet the required training benchmarks to be eligible for sponsorship under the subclass 457 visa program.
See: Specification of Training Benchmarks

Terms and conditions of employment (Market salary rates)

This instrument lists the dollar amounts for the Temporary Skilled Migration Income Threshold (TSMIT) and the exemption from the requirement to demonstrate equivalent terms and conditions of employment (market salary rates).
See: Temporary Skilled Migration Income Threshold (TSMIT) and market rates exemption level

This instrument specifies the method for determining the terms and conditions of employment (market salary rates) where there is no equivalent Australian worker in that location.
See: Specification of method to determine terms and conditions of employment

Exemption from the requirement to work directly for the sponsor

This instrument lists the occupations where the requirement to work directly for the sponsor is waived.
See: Specification of Occupations for Nominations in Relation to Subclass 457 for Positions other than in the Business of the Nominator

Labour market testing

This instrument specifies the period in which labour market testing must be undertaken.
See: Specified period in which labour market testing must be undertaken

This instrument specifies the occupations which are exempt from labour market testing.
See: Specification of occupations exempt from labour market testing

This instrument lists the international trade obligations which are inconsistent with the labour market testing requirement (i.e. where labour market testing is not required).
See: Determination of international trade obligations relating to labour market testing

Last reviewed Wednesday 27 August 2014