SkillSelect

Subclass 457 visa

Features

This visa allows a business to employ someone from outside Australia in a skilled job in Australia.

If you hold this visa, you can:

work in Australia for up to four years
bring your family with you
travel in and out of Australia as often as you want

Requirements

You can apply for this visa if you:

are sponsored by an employer to fill a nominated skilled position
have skills, qualifications, experience and an employment background that match those required for the position
have demonstrated your English language ability
are eligible for any relevant licences or registration required for the nominated position
have health insurance.

Apply now

Before applying

How this visa works

The subclass 457 visa is for skilled workers from outside Australia who have been sponsored and nominated by a business to work in Australia on a temporary basis.

A business can sponsor a skilled worker if they cannot find an appropriately skilled Australian citizen or permanent resident to fill a skilled position listed in the Consolidated Sponsored Occupations List.

The information on this page provides an overview of the sponsorship - nomination - application process. Read the following information before starting any process under this visa:

Sponsoring - how to become a sponsor
Nominating - how to nominate a skilled worker
Applying - how to apply for a visa
After applying - waiting for a decision
Obligations - the conditions and obligations of sponsors and skilled workers under the subclass 457 visa program.

Subclass 457 visa Legislative Instruments

The legislative instruments page provides direct links to ComLaw.

Three stages of a subclass 457 visa

There are three stages to employing a skilled worker under the subclass 457 visa program:

employer applies to be a sponsor
employer nominates a position
employee applies for a visa.

Applications for each of these three stages can be submitted at the same time.

Stage 1: Employer applies to be a sponsor

This is a summary. See 'Sponsoring' for more information.

The employer applies to become a sponsor. This can be through one of two arrangements:

applying for standard business sponsorship
negotiating a labour agreement with the Australian Government.

The employer can be an Australian business or a business outside Australia.

If the sponsorship application is approved, the business becomes an approved sponsor. This is valid for three years.

Stage 2: Employer nominates a position

This is a summary. See 'Nominating' for more information.

The approved sponsor nominates a skilled worker to fill the position. The skilled worker must be paid the appropriate market salary for the position in Australia. The position must be an eligible occupation.

A nomination is valid for up to 12 months unless the sponsorship ceases beforehand.

Stage 3: Employee applies for a visa

This is a summary. See 'Applying' for more information.

The skilled worker applies for a visa to work for the approved sponsor in Australia. The support of a sponsor is needed for an application for a subclass 457 visa to be valid. A visa may be valid for up to four years.

Information to help prepare your application

This information gives advice to help you prepare your application, including certifying and translating documents, providing statutory declarations, communicating with the department, using a migration agent, authorising another person to receive information from the department, receiving assistance with your application, and protecting the privacy of information you provide to the department.

Certifying documents

Every visa application requires various supporting documents such as birth certificates, marriage certificates, and proof of identity.

Unless asked to do otherwise, you should provide certified copies of original documents, rather than the original documents.

Certified copies have been authorised (or stamped) as being true copies of originals, by a person or agency recognised by the law of the country in which you live. All departmental offices outside Australia have a person who can certify or witness documents. You may have to pay for this service.

Police certificates are the exception. You must provide original police certificates with your application.

Making statutory declarations

Only certain people may witness Commonwealth statutory declarations. All departmental offices outside Australia have a person who can witness statutory declarations.

Translating documents into English

Any document in a language other than English must be accompanied by a certified English translation.

A translator in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.
A translator outside Australia does not need to be accredited, but they must endorse the translation with their full name, address, telephone number, and details of their qualifications and experience in the language being translated.

National Accreditation Authority for Translators and Interpreters has more information.

Communicating with the department electronically

In processing your application, the department may need to communicate with you. This can be done electronically. If you want the department to communicate with you by email or fax, you must complete Form 1193 Communicating by e-mail with the department.

If you authorise another person to receive documents on your behalf and that person wants to communicate electronically with the department, they must complete Form 1193.

If you want to receive information by post – a slower form of communication – your application may take longer to finalise if the department needs to contact you about it.

If you nominate a migration agent or other third person to receive communication on your behalf, the department will communicate with them. If your agent or nominated person does not complete Form 1193, all written communication will be sent to their postal address.

Getting help with your application

You can ask someone to help you with your application. They can also help you with other immigration advice.

If you want to appoint or change an authorised recipient, you must complete Form 956 Advice by a migration agent/exempt person of providing immigration assistance.

In Australia, a person who helps you with your application must be a registered migration agent, unless they are an exempt person. It is a criminal offence for an unregistered person, or someone who is not exempt, to give immigration assistance and advice.

You are not required to use a migration agent. If you want to use one, you should read Using a migration agent.

You are responsible for any information provided in your application, whether you complete the application or someone completes it on your behalf.

Appointing an authorised recipient

An authorised recipient is a person you appoint to receive written communications from the department about your application. Such a recipient must be a real person, such as a family member, friend, migration agent or lawyer. A business, corporation or organisation cannot be an authorised recipient.

If you want to appoint or change an authorised recipient, you must complete Form 956 Advice by a migration agent/exempt person of providing immigration assistance. You can appoint only one authorised recipient at a time.

You do not need to complete this form if a migration agent is acting on your behalf and they have completed the relevant forms.

The department will send your authorised recipient any written communications relating to your visa application that would otherwise have been sent to you. The department may provide you with copies of these communications if you ask for them.

When the department makes a decision about your application, the department will communicate with you directly. Your authorised recipient will no longer be able to receive communications on your behalf.

Privacy – disclosure of information to other parties

The department respects your privacy. We collect your personal information only for the purposes of making decisions under the Migration Act 1958 and the Migration Regulations 1994.

Laws stop the department from giving your personal information to others unless you agree to it or we are required to by law. Laws also mean the department may give your details to other Australian Government agencies such as the Australian Taxation Office or Fair Work Australia.

Form 993i Safeguarding your personal information has more information.

Costs

You may be required to pay a visa application charge. This charge is usually not refunded if your application is unsuccessful.
See: Visa charges (96KB PDF file)

There are limited circumstances in which the nomination charge may be refunded:

The list of eligible occupations has changed and the occupation that you have nominated no longer meets the description of that occupation in the Consolidated Sponsored Occupation List. You must withdraw the nomination before a visa is decided for that nomination to get the refund. This does not apply if the nominated occupation was not on the list to begin with.
As a sponsor who is party to a labour agreement, you may have your nomination fee refunded if you withdraw your nomination before a decision is made under the following circumstances:
you have nominated an occupation that is not permitted by the labour agreement, or
you make a nomination after you have already reached the number of approved nominations for that year.

Other costs

You may have to pay other costs, such as the costs of health assessments, English language tests, skill assessments and police certificates, if required.

Before you ask for more help

Before you ask for additional help about this visa, you should read all the available information about this visa on the department's website.

More information about the Subclass 457 - Temporary Work (Skilled) visa is available in Booklet 9 - Temporary Work (Skilled) visa (subclass 457).

If you have read all the available content for this visa, and you still require assistance, contact a Centre of Excellence in Australia.

Sponsoring

Become a sponsor

This information explains how a business can sponsor skilled workers from outside Australia.

The purpose of the sponsorship stage is to confirm that the business wanting to employ the skilled worker:

is a lawfully operating business
has no adverse information about it or any of its directors
meets the department's training requirements (Australian businesses only).

Australian businesses must also demonstrate their commitment to employing local labour and non-discriminatory employment practices.

As an approved sponsor, you can nominate an unlimited number of subclass 457 visa applicants (or visa holders) as long as your standard business sponsorship or labour agreement is valid.

If you are not familiar with the subclass 457 visa process, read the following information pages to understand the sponsor application process. Lodging an incomplete or incorrect sponsorship application could lead to substantial delays.

If you are familiar with the eligibility requirements and employer obligations for the subclass 457 visa, you can go directly to Prepare and lodge your sponsorship application.

Options for becoming an approved sponsor

Provided you are an eligible business, there are two ways you can become an approved sponsor:

apply to be a standard business sponsor
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 ABN 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: you must use the same form as you would if you were applying to become a standard business sponsor for the first time.

Provided you are an eligible business, the requirements for approval as a standard business sponsor differ for businesses that are outside and in Australia as follows:

Business in Australia

You must attest to your workforce record. This means you must declare you have a strong record of, or a demonstrated commitment to, both of the following:
employing local labour
non-discriminatory work practices.

The attestation is in your sponsorship application form. If you do not make this declaration, you will be unable to sponsor applicants for a subclass 457 visa because you do not meet the requirements to be a sponsor.

You must meet training requirements. You must either:
- meet the training benchmarks if you have traded in Australia for 12 months or more, or
- 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, or
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 agreement between the Australian Government and an Australian business. You will be required to enter into a labour agreement with the department if:

you are intending to sponsor overseas workers to work in the meat industry
you are intending to sponsor overseas workers to work in the on-hire industries
your company has special requirements that prevent you from sponsoring skilled workers as a standard business sponsor.

Most 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.

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

Be a lawfully operating business

You must be lawfully operating a business to apply to be a sponsor, regardless of whether your business is in or 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 your business is new, you may 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.

Australian businesses

Australian businesses can demonstrate that they are legally established by providing evidence of their business registration details, such as Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN) or Australian Stock Exchange (ASX) Code.

To show that your business is operating, you should provide the following documents (as relevant to your situation):

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 (BAS).

New businesses can provide:

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 (BAS) for each complete quarter from commencement of operations to date of lodgement
business bank statements covering the period of operation.

Businesses outside Australia

If you are operating a business outside Australia, you must show both of the following:

the business is legally established under the laws of the country where the business operates
the business is actively engaged in business activities.

If you don't operate in Australia, you must be able to show that you need a skilled worker to:

establish, or help establish, a business operation on your behalf in Australia with overseas connections
fulfil, or help in fulfil, a contractual obligation.

Examples of types of evidence which may be considered include, but are not limited to:

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.

Meet training requirements

To use the 457 program to sponsor overseas workers, you must demonstrate your contribution 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:

meet the training benchmarks if you have traded in Australia for 12 months or more, or
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 generally have to meet a similar training requirement as part of the agreement.

What are the training benchmarks and how can you meet them?

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. You can choose which benchmark you will meet:

A: recent expenditure to the equivalent of at least 2 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
B: recent expenditure to the equivalent of at least 1 per cent of the payroll of the business, in the provision of training to employees of the business who are Australian citizens and Australian permanent residents (your Australian employees).

For the two training benchmarks, A and B, you must also show a commitment by your business to maintain that level of expenditure in each fiscal year for the term of approval as a sponsor.

What is included in '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) or 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.

What is 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.

What is an industry training fund?

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 training that is:

delivered on-the-job, other than on the job training which meets the requirements outlined above under the heading 'expenditure that can count towards this benchmark'
confined to only one or a few aspects of the businesses broader operations, unless the training is in the primary business activity
only undertaken by persons who are not Australian citizens or permanent residents
only undertaken by persons 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.

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

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.

Expenditure on apprentices and trainees

Apprenticeships and traineeships are, by definition, 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.

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 immediately before you lodge your application to become a standard business sponsor.

Training provided by a franchise head office for franchisees

For training provided to employees of franchisees to be counted towards training benchmark B, you must:

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.

What needs to be included in an auditable plan?

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, the intended expenditure towards training benchmark A or training benchmark B, and 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.

No adverse information

The department may take into account the existence of 'adverse information' whenever it is making particular decisions about sponsors. The information on this page answers the following questions about adverse information:

What is adverse information?
When is adverse information relevant?
What does the department do with adverse information?

What is adverse information?

Adverse information includes a conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. Adverse information includes information 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.

When is adverse information relevant?

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

Adverse information is relevant to a person's suitability as an approved sponsor when it is:

clearly relevant to the suitability of the business or person as an approved sponsor
current (the information must relate to something that happened in the previous three years)
known to the department.

There are limits to the extent of adverse information that is relevant to the suitablility of the person or business's suitability as an approved sponsor. For example, the Commonwealth, state or territory law mentioned above must relate to one or more of the following matters:

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.

For example, information that a company has received a fine for having an unregistered vehicle on a public road is most unlikely to meet the relevance test. On the other hand information that the managing director of a company was being investigated for people trafficking offences would clearly be relevant.

What does the department do with adverse information?

When the department becomes aware of adverse information, it can:

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

Prepare and lodge your sponsorship application

This information explains how to prepare and lodge your application to be a standard business sponsor.

There are two ways a business can become a sponsor – apply to become a standard business sponsor or negotiate a labour agreement. Most businesses wanting to employ a skilled worker from outside Australia will need to lodge this application. If you do not meet the requirements to be a standard business sponsor, contact the department by email labour.agreement.section@immi.gov.au to discuss the option of negotiating a labour agreement.

If you apply to be a standard business sponsor, you must do so in the correct manner. This means you need to complete the correct form, provide relevant details about your business, and pay the correct fee. Incomplete applications can be delayed or refused.

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

Provide all relevant documents

Prepare all the documents you need to support the application. The documents you need are listed in the Document checklist for sponsors. This checklist explains whether you need to provide original documents or, more usually, certified copies of documents.

Any document in a language other than English must be accompanied by an official certified English translation.

Providing documents electronically

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

If you cannot upload documents through the department's website, you can scan your documents and email them to your case officer. If you send a scan of the original document, it should be in PDF format.

You will be provided with the name and contact details of your allocated case officer after you have lodged your application.

Lodging decision-ready applications

It is important that you lodge your application with all relevant information and required supporting documentation. Lodging decision-ready applications can help reduce processing times because they take less time than those that need following up.

When you lodge an application, you can help ensure it is decision-ready by:

providing submissions that clearly explain the relevance of information and documentation included in the application
completing the application form correctly
using the appropriate document checklists to ensure that all required information and documentation is included.

Complete the application forms

You must complete one of the following application forms in English. You must truthfully answer all the questions on the form, otherwise your application could be refused.

Australian businesses can apply online by completing:

eVisa application 1196 – Employer Sponsored Workers (e457)

Businesses outside Australia must complete a paper form:

Form 1196S – Sponsoring overseas employees to work temporarily in Australia (325kB PDF file)

Australian businesses can also use the paper form, but online forms are given priority in processing.

Use helpful information

There is more Information to help prepare your application, which gives advice about certifying and translating documents, communicating with the department, using a migration agent, authorising another person to receive information from the department, receiving assistance with your application, and how the department protects the privacy of information you provide in your application.

Lodge your application

Lodge the appropriate application forms, together with all necessary supporting documentation and application charges.

Options for lodging your application

Australian businesses can submit sponsorship applications online, in person, by post or by courier. You can pay the application charge by credit card, debit card, bank cheque or money order made payable to the Department of Immigration and Citizenship.
Overseas businesses can submit sponsorship applications by post or by courier only. Contact your nearest immigration office to ask how you should pay the application charge.

Check that your application contains only correct information. If you provide false or misleading information you may have committed a criminal offence and your application could be refused.

Applying for accreditation

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

If you gain accreditation, your sponsorship is valid for six years. This is double the usual validity period for sponsors.

You will also receive priority processing of all nomination and visa applications during this period.

Your accredited status can be revoked if you no longer meet the required characteristics. While priority processing is then retracted, the validity period is not reduced from 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 is eligible to 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 the department 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.

Document checklist for sponsors

The documents you must provide with your sponsorship application are in the Document checklist for sponsorship applications. You can use it to make sure your application is complete.

The department does not usually need original documents. Do not send original documents unless the department asks you for them. When you send copies of your documents, ensure that they are certified copies.

Any document in a language other than English must be accompanied by an accurate English translation.

You must truthfully answer all the questions on the form, otherwise your application could be delayed or refused. Providing false or misleading information, documents or statements is a serious offence, with a maximum penalty of 10 years imprisonment or 1000 penalty units, or both.

If you lodged your application electronically, you should upload your documents through the department’s website. Doing this helps the department process your application.

If you are unable to upload documents through the website, you can scan your documents and email them to your case officer. If you do send a scan of the original document, it should be in PDF format. You will be provided with the name and contact details of your allocated case officer once you have lodged your application.

Nominating

Nominate a skilled worker

Nomination is the process of identifying an eligible occupation in a business to be filled by a skilled overseas worker. The nomination process is required for both standard business sponsors and parties to a labour agreement.

The purpose of the nomination process is to identify all of the following:

the occupation 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
the location where the employee will be working.

If you are not familiar with the subclass 457 visa process, please read the following information pages to understand the nomination process. Lodging an incomplete or incorrect nomination application could lead to substantial delays.

If you are familiar with the eligibility requirements and employer obligations for the subclass 457 visa, you can go directly to Prepare and lodge your application.

Requirements for nominating a skilled worker

To lodge a nomination for a subclass 457 visa 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.

For a nomination to be approved, you must meet the following requirements:

the skilled worker: name the person who will work in the nominated occupation and where they will work in Australia
nominate an eligible occupation
meet direct employer requirements
provide employment terms and conditions that meet certain requirements.

The skilled worker

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.

Eligible occupations

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 Consolidated Sponsored Occupations List. This list includes a number (an ANZSCO Code) and an Occupation Title.

A description of the qualifications and experience required for each of the eligible occupations is on the website of the Australian Bureau of Statistics (ABS)
1220.0 - ANZSCO - Australian and New Zealand Standard Classification of Occupations, First Edition, Revision 1.

This opens a search page to help you find an occupation. It will help you identify the tasks your nominee would be expected to perform in the position you are nominating them for qualifications and amount of work experience they would be required to have.

For example a Chef (ANZSCO code 351311) will have either a relevant associate degree, advanced diploma, or diploma (or equivalent) or at least three years relevant experience. Tasks may include planning menus, preparing and cooking food and possible selection and training of staff.

Sponsors who want to employ subclass 457 visa holders in an occupation which is not on the Consolidated Sponsored Occupations List must do so under a labour agreement.

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 may result in sanctions, barring or cancellation from the subclass 457 visa program.

Some occupations are exempt from this requirement. They are listed in Exemption from the requirement to work directly for the sponsor – Legislative Instrument IMMI 10/030.

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. The primary sponsored person is 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 (market salary rates)

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 labour agreement.

The way you can demonstrate the market salary rate depends on whether:

there is an Australian performing equivalent work in the workplace
there is no Australian performing equivalent work in the workplace.

There is an Australian performing equivalent work in the workplace

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) then this 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, then the terms and conditions in the common law contract may be used to demonstrate the market salary rate.

There is no Australian performing equivalent work in the workplace

You can 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. Some relevant evidence may 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.

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

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 AUD180 000 (the exemption rate).

The Temporary Skilled Migration Income Threshold

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 wish to fill does not exceed the TSMIT, you will not be able to access the subclass 457 visa program.

At present the TSMIT is set at AUD51 400 and is indexed annually.

You can check the TSMIT instrument for the current TSMIT level before lodging a nomination application.

If the market salary rate for the position you want to fill is below the TSMIT, you can not pay the overseas worker the TSMIT or more simply to access the program. The TSMIT does not determine the salary you should pay your worker from outside Australia.

Should subclass 457 visa holders be paid the TSMIT?

The TSMIT has no bearing on what the subclass 457 visa holder should be paid in the workplace and should not be considered as the applicable market salary rate if you do not currently employ an equivalent Australian citizen or permanent resident. It is the market salary rate for the nominated occupation, not the nominated worker’s proposed salary, which is compared to the TSMIT. Therefore, it is not possible for a 457 sponsor to inflate a nominated worker's proposed salary in order to meet the TSMIT requirement.

Example: If the market salary rate for an occupation is AUD39 500 – that is, the market salary rate amount that is paid to an equivalent Australian in the sponsor's workplace – then the nomination is likely to be refused, as the market salary rate is below the TSMIT. Even if the sponsor decided to offer the nominated worker a salary of AUD51 400, then the nomination would still be refused, as it is the market salary rate that the department compares to TSMIT, not the actual salary proposed.

No adverse information

The department may take into account the existence of adverse information whenever it is 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.

No adverse information for sponsors provides more information.

Prepare and lodge your application

This information explains how you prepare and lodge your application to nominate a skilled worker from outside Australia for a subclass 457 visa.

You must nominate a worker in the correct manner. This means you need to complete the correct form, provide relevant details about your business, and pay the correct fee. Incomplete applications can be delayed or refused.

You can lodge the nomination form at the same time you lodge a sponsorship application and visa application.

You need to lodge a new nomination for each occupation and position you seek to fill.

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

Provide all relevant documents

Prepare all the documents you need to support the application. The documents you need are listed in the Document checklist for nominators. This checklist explains whether you need to provide original documents or, more usually, certified copies of documents.

Any document in a language other than English must be accompanied by an official certified English translation.

If you are nominating a medical practitioner from outside Australia, you should start the licensing and registration process before lodging your nomination application with the department.

Providing documents electronically

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

If you cannot upload documents through the department's website, you can scan your documents and email them to your case officer.. If you send a scan of the original document, it should be in PDF format.

You will be provided with the name and contact details of your allocated case officer after you have lodged your application.

Lodging decision-ready applications

Lodging decision-ready applications can help reduce processing times because they take less time than those that need following up.

It is important that you lodge your application with all relevant information and required supporting documentation.

When you lodge an application, you can help ensure it is decision-ready by:

providing submissions that clearly explain the relevance of information and documentation included in the application
completing the application form correctly
using the appropriate document checklists to ensure that all required information and documentation is included.

Complete the application form

Complete one of the following application forms in English. You must truthfully answer all the questions on the form, otherwise your application could be refused.
Australian businesses can apply online by completing:

eVisa application 1196 – Employer sponsored workers (e457)

Businesses outside Australia must complete a paper form:

Form 1196N – Nominating overseas employees to work temporarily in Australia

Australian businesses can also use the paper form, but online forms are given priority in processing.

Use helpful information

Lodge your application

Lodge the appropriate application forms, together with all necessary supporting documentation and application charges.

Options for lodging your application

Australian businesses can submit nomination applications online, in person, by post or by courier. You can pay the application charge by credit card, debit card, bank cheque or money order made payable to the Department of Immigration and Citizenship.
Overseas businesses can only submit applications by post or by courier. Contact your nearest immigration office to ask how you should pay the application charge.

Check that your application contains only correct information. If you provide false or misleading information you may have committed a criminal offence and your application could be refused.

Certification

You will be required 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 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.

Nomination validity

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

the day the department receives 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.

Document checklist for nominators

The documents you must provide with your nomination application are listed in the Document checklist for nomination applications. You can use this list as a checklist to make sure your application is complete.

Any document in a language other than English must be accompanied by an accurate English translation.

If you lodged your application electronically, you should upload your documents through the department’s website. Doing this helps the department process your application.

If you lodge your application electronically, you should upload your documents through the department’s website. Doing this helps the department process your application.

Applying

Apply for this visa

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

If you want to lodge an application to sponsor or nominate a skilled worker for a subclass 457 visa, you should read the information about:

Sponsoring
Nominating

The time taken for an application to progress and for the department to make a decision varies. Do not make arrangements to move to Australia. Do not leave your employment, sell your home or book travel arrangements until you are advised in writing that you have been granted a visa.

In this visa:

the skilled worker from outside Australia is known as the primary sponsored person
dependants that are applying with the primary sponsored person are known as secondary sponsored persons.

Requirements for skilled workers (primary visa applicants)

You can apply for a subclass 457 visa if:

you have relevant skills and you been nominated by an approved business to work in an eligible occupation in Australia, and you:
- are working for the company for the first time
- are being transferred from another position within the same company outside Australia
- currently hold a subclass 457 visa which is about to expire
you are a member of the family unit of a skilled worker who has been nominated for this visa.

Eligible 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 Consolidated sponsored occupations list. This list includes a number (an ANZSCO Code) and an Occupation Title.

A description of the qualifications and experience required for each of the eligible occupations is at
1220.0 - ANZSCO - Australian and New Zealand Standard Classification of Occupations, First Edition, Revision 1.

This opens a search page to help you locate your nominated occupation. This will help you identify the level of qualifications and work background you are required to have.

For example an Engineering Manager (ANZSCO code 133211) will have either a relevant bachelor degree or higher qualification (or equivalent) or at least five years relevant experience.

Skill requirements

Subclass 457 visa applicants are required to demonstrate that they have the skills and experience necessary to perform the nominated occupation.

The evidence that you can provide is listed in the Document checklist for visa applicants.

If your nominated occupation is a trade occupation you may be required to undertake a skills assessment. To determine if you will be required to do so, refer to the Trades Recognition Australia website.

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 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

Evidence of an IELTS score must be produced if required when submitting a visa application. It is important that you can speak, write and understand a sufficient level of English while you are in Australia. The department uses the International English Language Testing System (IELTS) to determine your level of English language proficiency.

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

If you are sponsored by a Standard Business Sponsor, you must demonstrate 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.

You do not need to show that you meet this requirement if any of the following apply to you:

You are to be paid a salary that exceeds the English language requirement exempt amount and the grant of the visa is in the interests of Australia. This amount is currently set at a gross base salary of AUD92 000 excluding all deductions.
Your nominated occupation does not need a level of English language proficiency for grant of registration, licence or membership, and:
you are a passport holder from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America
your nominated occupation is a highly skilled occupation that is on the gazetted list of English language exempt occupations
you have completed at least five years of continuous full time study in a secondary and/or higher education institution where instruction was conducted in English.
You are nominated for an occupation which will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia.

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, you should also provide the following information with your visa application:

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.

If your nominated occupation needs a level of English language proficiency for 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.

Requirements for family members (secondary visa applicants)

Your family members can also apply for a subclass 457 visa.

They are called secondary visa applicants for the purpose of this visa, and your sponsor must agree in writing to include them as secondary sponsored persons. Your employer 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 their visa application.

Family members include your:

partner (married or de facto)
dependent child
other dependent relatives.

They will need to provide evidence of the relationship, such as marriage certificates, birth certificates, joint bank accounts and other relevant documents.
Your family members can apply:

at the same time on the same form as the worker, and pay the one visa application charge for the entire application
at a later time, in which case they must complete a separate visa application and pay another visa application charge.

Your family members must meet all of the following eligibility requirements for this visa, as well as the general requirements applying to all applicants for a 457 visa.

Your partner

Your partner can be included in your application if they are married to you or if they are your de facto partner, provided:

the relationship is genuine and continuing
the partner is at least 18 years of age when the application is lodged
you and your partner do not have a have a parent in common and you are not an ancestor or descendant of one another.

For a married partner, the marriage must be legal under Australian law.

Your dependent child

Your child or stepchild is considered to be dependent if they are:

are younger than 18 years of age
are not married, engaged to be married or in a de facto relationship.

If they have turned 18 years of age, they can still be considered to be dependent if they:

are wholly or substantially reliant on you or your partner for their basic needs (food, clothing and shelter)
have a mental or physical disability which stops them from earning a living to support themselves.

If your child is born after you lodge your application (but before it is decided), tell the department as soon as possible and the child can be added to the application.
If your child turns 18 years of age while they are in Australia with you, but are no longer financially reliant on you, they can still be considered a member of your family unit for the purposes of a subsequent subclass 457 visa application if they are:

younger than 21 years of age; and
not married or in a de facto relationship.

If your child is granted a subclass 457 visa under this regulation it will only be valid until the day before their 21st birthday.

Other dependent relatives

Your other relatives may be considered dependent if all of the following apply:

they do not have a spouse or de facto partner
they usually live with you
they are wholly or substantially reliant on your financial support for their basic living needs (food, shelter and clothing)
they are more reliant on you for support than on any other person or source
they have relied on you for a substantial period.

General eligibility requirements for all visa applicants

You and any dependents included in your application must also meet other requirements that apply to most visa applications.

Proof of identity

The department will ask for proof of your identity and, if appropriate, the relationship to family members applying for a subclass 457 visa (either as employees or as family members).

Health insurance

You are responsible for all health costs for yourself and your family. Under Australian law, you must provide evidence that you have made adequate arrangements for health insurance for yourself and all accompanying family members.

Under visa condition 8501, when your visa is granted, you must maintain your insurance for the period of your stay in Australia. This obligation is described in more detail in Rights and obligations of a subclass 457 visa (under the Obligations tab).

Health requirements

You must meet certain health requirements to be granted this visa. This applies to all the dependent family members listed in your application.

Health examinations will depend on your circumstances, your intended activities in Australia, your intended period of stay and your country of origin or residence.

Health examinations for visa applicants outside Australia must be conducted by an approved Immigration panel physician.

If you are applying in Australia, visit Medibank Health Solutions. If you live in a regional area, contact Medibank Health Solutions for the details of a local doctor who is approved to do the required examination.

More information about this process is available:

Fact Sheet 22 - The Health Requirement.
Information Form 1163i Health requirements for temporary entry to Australia (54KB PDF file)

Character requirements

You must meet certain character requirements.

Provide this information as a signed declaration with your application. You may be asked for police certificates, but do not provide them unless you are asked to by the department.

Debts to the Australian Government

You must repay, or have made arrangements to repay, any outstanding debts to the Australian Government, before a decision can be made on your application. If you do not pay these debts, your application could be refused.

Australian values statement

All visa applicants who have turned 18 years of age must sign an Australian values statement as part of their visa application.

When you might not be eligible for this visa

If you are in Australia, you might not be able to apply for this visa due to Limitation on applications in Australia (52KB PDF file).

Prepare and lodge your application

Provide all relevant documents

Prepare all the documents you need to support your application. The documents you need are listed in the Document checklist. This checklist explains whether you need to provide original documents or, more usually, certified copies of documents.

Some of the documentation that you must provide may take you several weeks to obtain. You should have all the required documents ready to lodge with your application to reduce any delays in processing.

Providing documents electronically

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

If you cannot upload documents through the department's website, you can scan your documents and send them to your case officer by email. If you send a scan of the original document, it should be in PDF format.

You will be provided with the name and contact details of your allocated case officer once you have lodged your application.

Translate documents not written in English

Any document in a language other than English must be accompanied by an official certified English translation:

A translator in Australia must have been accredited by the National Accreditation Authority for Translators and Interpreters (NAATI).
A translator outside Australia does not need to be accredited, but they should endorse the translation with their full name, address, telephone number, and details of their qualifications and experience in the language being translated.

Lodge a decision-ready application

Lodging decision-ready applications can help reduce processing times because they take less time than those that need following up.

It is important that you lodge your application with all relevant information and required supporting documentation.

When you lodge an application, you can help ensure it is decision-ready by:

providing submissions that clearly explain the relevance of information and documentation included in the application
completing the application form correctly
using the appropriate document checklists to ensure that all required information and documentation is included.

Complete the application forms

Complete the following application forms to apply for this visa:

If you are sponsored by an Australian business you can apply online by completing the following form:

eVisa application 1066 Employer sponsored workers (e457)

If you are sponsored by a business that operates outside Australia you must apply on a paper application, by completing the following form:

Form 1066 Application for a Subclass 457 - Temporary Work (Skilled) visa(325KB PDF file)

The forms must be completed in English. You must truthfully answer all the questions on the forms, otherwise your application could be refused.

You must also provide details of all children or other dependent relatives aged 18 years or older. For all dependent relatives 18 years of age or over, complete:

Form 47A Details of child or other dependent family member aged 18 years or over (248KB PDF file)

Use helpful information

There is more Information to help prepare your application, which gives advice about certifying and translating documents, communicating with the department, getting help with your application, using a migration agent, authorising another person to receive information from the department, receiving assistance with your application, and how the department protects the privacy of information you provide in your application.

Lodge your application

Lodge the appropriate application forms, together with all necessary supporting documentation and application charges.
To lodge a valid application, you must:

provide your residential address for your application. This is the address of where you intend to live while your visa application is being processed. A post office box is not acceptable and may result in your application being treated as an invalid application.
answer all relevant questions truthfully your application may be refused if you provide incorrect information
pay the correct charge for your application.

Check that your application contains only correct information. If you provide false or misleading information you may have committed a criminal offence and your application could be refused.

Options for lodging your application

If you were nominated by an Australian business, you can either:
- lodge online on the department's website www.immi.gov.au/e_visa/employer-sponsored.htm or lodge at the nearest Australian office of the department
- pay the application charge by credit card, bank cheque or money order made payable to the Department of Immigration and Citizenship.
If you were nominated by a business that is based outside Australia:
- lodge your visa application at an Australian mission overseas
- you must be outside Australia when you lodge your application
- contact your nearest immigration office to ask how you should pay the application charge.

You can lodge your application in person, through a representative, or by post (for paper applications).

Tracking your application

Any application lodged with the department is given an application identifier description. This is a number that identifies your application.

Include your name, date of birth and application identifier description if you write to the department after you lodge your application. This helps the department quickly locate your application.

Document checklist for visa applicants

The documents you must provide with your sponsorship application are listed in the Document checklist for visa applications. You can use this list as a checklist to make sure your application is complete.

We do not usually need original documents. Do not send original documents unless the department asks you for them. When you send copies of your documents, ensure that they are certified copies.

Any document in a language other than English must be accompanied by an accurate English translation.

If you lodge your application electronically, you should upload your documents through the department's website. Doing this helps the department process your application.

After applying

Waiting for a decision

The time taken for an application to progress and for the department to make a decision varies, according Temporary work visa processing times.

If you have applied for a visa, do not make arrangements to move to Australia. Do not leave your employment, sell your home or book travel arrangements until you are advised in writing that you have been granted a visa.

Withdrawing your application

You may withdraw your application by advising the department in writing at any time before a decision is made on your application. Any fees that you paid at time of application are usually not refunded.

It is not possible to re-open an application after it has been withdrawn. If you want to re-apply, you must make a new application and meet the requirements that apply at that time and pay a new application fee.

Reporting changes in your circumstances

You must contact your case officer to report any changes in circumstances that could affect the processing of your application.

For employers

For employers, 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.

When you write to the department, you must include:

your business name
your ABN (for businesses in Australia) or other identifier (for businesses outside Australia)
the Transaction Reference Number (TRN) - this is a number the department gives you when you lodge an application online
the application identifier description - this is a number the department gives you when you lodge a paper application.

Providing all this information helps the department quickly locate your application.

For visa holders

You must report any changes in circumstances that could affect the processing of your visa application. Relevant changes include the following:

You move to a new address or change your passport. Report this using:
Form 929 - Change of address and/or passport details (86KB PDF file)
You want to correct information you provided in your visa application. Report this using:
Form 1023 - Notification of incorrect answer(s) (99KB PDF file)
There are other changes in your circumstances. Report these changes using: Form 1022 - Notification of changes in circumstances (77KB PDF file). Examples of the types of changes you can use this form to report include:
you want to add or change the person authorised to act on your behalf in connection with the application
there is a change in your family, such as a birth or death
you or your dependent family members intend to travel to and from Australia while the application is being processed.

When you write to us, make sure you include:

your name (as provided in your visa application)
your date of birth
Transaction Reference Number (TRN) (if lodged electronically)
the client number given to you by the department, or, if you do not have a client number, the department's file number or the application receipt number
if your application was made outside Australia, the name of the Australian overseas mission where you lodged your application.

If you have provided the details of another person as your authorised recipient, then any communication by the department about your visa application will be sent to your authorised recipient, and you will be taken to have received that communication. You should also notify the department in writing of any change of address for your authorised recipient.

Receiving a decision

If your application is not approved, the department 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.

If your application is approved, the department will tell you how long the approval is valid for and what your obligations are as explained below.

Sponsorship decision

If your application is approved, the department will send you a letter as follows:

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

Nomination decision

If this nomination is approved, the department will send you a letter with the:

the date your nomination ceases
nomination approval number.

Visa decision

If this visa is approved, the department will send you a letter with the:

the date your visa ends
visa grant number
any conditions attached to your visa.

Obligations

Your obligations

This information explains the rights and obligations of a subclass 457 visa for:

people who hold a subclass 457 visa – skilled workers and their family members
businesses that have sponsored a skilled worker.

Rights and obligations of a subclass 457 visa

This information explains your rights and obligations after you are granted a subclass 457 visa.
There are two conditions that apply specifically to this visa:

condition 8107 – employment conditions
condition 8501 – health insurance requirements.

There are also certain conditions for:

any of your children who are born in Australia
changing your employer or occupation in Australia.

You must comply with the visa condition or conditions that apply to you, or your visa could be cancelled.
You also have certain rights as an employee in Australia.

Condition 8107 (employment conditions)

You must comply with condition 8107 if you are the primary visa holder. You must:

work in the occupation for which you were nominated
work 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 cease employment for a period of more than 28 consecutive days.

You are considered to have ceased employment when either you or your employer notifies the department you will cease employment.
If you cease working for your sponsor, you must do one of the following within 28 days (the 28 day period starts from the date you cease employment):

find another employer to sponsor you (they need to lodge a nomination)
apply for another type of substantive visa
make appropriate arrangements to depart Australia.

If your visa is about to cease, and you want to apply for another subclass 457 visa, you must lodge a new visa application.

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 are listed in Exemption from the requirement to work directly for the sponsor – Legislative Instrument IMMI 10/030

Condition 8501 (health insurance requirements)

You are responsible for all health costs for yourself and your family. Condition 8501 requires you to maintain adequate arrangements for health insurance while in Australia.
You must comply with this condition if you are:

the primary visa holder (the person employed under this visa)
the secondary visa holder (accompanying dependent family members).

This condition does not apply to you if you hold a subclass 457 visa under either the 'service sellers' stream or the 'privileges and immunities' stream.

Children born in Australia

If your child is born in Australia, notify the department in writing. The child will then automatically hold a subclass 457 visa.
When you notify the department, 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.

Changing your employer or occupation in Australia

If you want to change your employer or occupation you are not required to apply for a new visa (unless your visa is close to expiry).
However, before you can start working for a new employer or in a new occupation, you must be nominated by your proposed new employer and have that nomination approved first.
If you start working for your proposed new employer or in your new occupation before the nomination is approved, you will be in breach of visa condition 8107 and your subclass 457 visa may be cancelled.
The approval of a new nomination only allows you to change your employer or occupation. It does not extend the term of your subclass 457 visa nor does it change the conditions that are attached to your subclass 457 visa.
It is your responsibility to ensure that you have a valid visa to remain in Australia at all times. You can check your visa conditions and expiry date of your visa through Visa Entitlement Verification Online (VEVO).

Employee rights in Australia

All employees in Australia including are covered by the Fair Work Act 2009. This includes workers employed on a subclass 457 visa.
You are entitled to fair pay and to basic rights and protections in the workplace. For more information, see the 457 Visa Holders – Your Rights at Work fact sheet or call 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 taxation 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 don't 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.
If you have any questions about tax, visit the Australian Taxation Office website.

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, phone 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 may 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 the:

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

Family members

Your family members (secondary applicants) are able to work and study if they are granted this visa.

Obligations of businesses sponsoring a skilled worker

All employers of subclass 457 visa holders have obligations as sponsors. Some obligations apply beyond the term of an employer’s approval as a sponsor.
These obligations help ensure that overseas skilled workers are protected from exploitation. Sponsorship obligations also ensure that the program is being used to meet genuine skills shortages, and is not being used to undercut local labour wages and conditions.
This information describes your obligations as a sponsor of skilled workers on a subclass 457 visa.

Obligation: Cooperate with inspectors

You must cooperate with inspectors. Their role is to determine both of the following:

whether you are complying (or have complied) with your sponsorship obligations
whether there are other circumstances in which the department may take administrative action.

Workplace inspections can include:

a desk audit or a visit in person, announced or unannounced, by departmental officers to your workplace
officers perform a number of checks, such as examining financial and payroll records and interviewing sponsors, company directors and staff, including sponsored workers and Australian employees.

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

providing access to premises
producing and providing documents within the requested timeframe
providing officers with access to a person who has custody of, or access to, a record or documents
providing officers with access to interview any person.

Not cooperating may include (but is not limited to):

hindering or obstructing an inspector
concealing or attempting to conceal a person, information, document, or thing from an inspector
preventing or attempting to prevent a person from assisting an inspector
assaulting, intimidating or threatening an inspector or a person assisting the inspector.

Inspectors are appointed under the Migration Act 1958. They will carry appropriate identification.

How long does this obligation apply for?

For standard business sponsors, this obligation starts to apply as soon as the sponsorship is approved and ends five years after the day on which the person or business ceases to be an approved sponsor.
For parties to a labour agreement, this obligation starts to apply on the day on which the labour agreement commences, and end five years after the day on which the labour agreement ceases.

Obligation: Ensure equivalent terms and conditions of employment

If you are a standard business sponsor, you must show that you are providing no less favourable terms and conditions of employment to the skilled worker than you would provide to an Australian performing equivalent work in the same workplace.
This obligation does not apply to the sponsor if the annual earnings of their sponsored visa holder are equal to, or greater than, the exemption level, which is currently set at AUD180 000.
Sponsors who are parties to labour agreements must ensure that overseas workers receive remuneration as specified in the agreement.

How long does this obligation apply for?

This obligation starts to apply on the day the skilled worker is granted a subclass 457 visa. If the skilled worker already holds a subclass 457 visa, this obligation starts to apply on the day their nomination is approved.
This obligation ends on the day the skilled worker stops working for you or on the day they are granted a further substantive visa (other than a subclass 457 visa). If the skilled worker is granted another subclass 457 visa to continue to work for you, this obligation continues.

Obligation: Pay travel costs to enable sponsored persons to leave Australia

You must pay reasonable and necessary travel costs to enable your sponsored workers and their family members to leave Australia. The skilled worker or their family must ask in writing. The department can also ask 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 the place of departure from Australia
travel from Australia to the country (for which the person holds a passport) specified in the request to pay travel costs are paid within 30 days of receiving the request, and
economy class air travel or, where unavailable, a reasonable equivalent.

How long does this obligation apply for?

This obligation starts to apply on one of the following:

on the day the skilled worker is granted a subclass 457 visa
on the day the nomination for the skilled worker is approved if they already hold a subclass 457 visa.

This obligation ends on the earliest of one of the following:

the day you pay the reasonable travel costs
the day another sponsor has a nomination for the skilled worker approved
the day the skilled worker is granted a further substantive visa (other than a subclass 457 visa). If they are granted another subclass 457 visa to continue to work for the sponsor, the obligation continues
the day the skilled worker leaves Australia and no longer holds a visa.

This obligation applies to primary and secondary sponsored persons.

Obligation: Pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen

You are liable for any cost if the skilled worker or any of their family members go missing or will not voluntarily leave the country. In such cases, they will be unlawful non-citizens, and you will have to pay the pay costs of locating and removing them from Australia.

The Minister for Immigration and Citizenship will make a written request for these costs. You will be liable to pay the Australian Government the difference between the actual costs minus any amount you have paid towards the obligatory travel costs. The maximum amount payable is AUD10 000.

How long does this obligation apply for?

This obligation starts to apply on the day on which any of the skilled worker or their family members become an unlawful non-citizen. This obligation ends five years after they leave Australia. You will be liable only for costs incurred from the day they become an unlawful non-citizen up to the point when they leave Australia.

Obligation: Keep records

You must keep records that show compliance with your sponsorship obligations. All of the records must be kept in a reproducible format and 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:

records of written requests for payment of outward travel costs for primary and secondary sponsored persons, including when the request was received
records of how the outward travel costs were paid
records of notifying the department of an event required to be reported to the department, including the date and method of notification and where the notification was provided
records of tasks performed by the skilled worker in relation to the nominated occupation and where the tasks were performed
records of money paid to the skilled worker
records of money applied or dealt with in any way on behalf of the skilled worker or as the skilled worker directed
records of non-monetary benefits provided to the skilled worker, including the agreed value and the time at which, or the period over which, those benefits were provided
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
if you are a party to a labour agreement, the records required to be kept under the labour agreement.

How long does this obligation apply for?

For standard business sponsors, this obligation starts to apply on the day on which the sponsorship is approved.
For sponsors that are party to a labour agreement, this obligation starts to apply on the day the labour agreement commences.
This obligation ends two years after the following two events have both occurred:

the approved standard business sponsorship or the labour agreement ceases
you cease to be a sponsor.

No record needs be kept for more than five years under this obligation.

Obligation: Provide records and information to the Minister

You must provide records or information in a way and in the timeframe requested by the department. The records or information are those that you must keep:

under a law of the Commonwealth, state or territory
under the obligation to keep records
under the terms of the labour agreement (if you are a party to a labour agreement).

How long does this obligation apply for?

This obligation starts to apply on the day the standard business sponsorship is approved or the labour agreement commences.
This obligation ends two years after the following two events have both occurred:

the approved standard business sponsorship or the labour agreement ceases
you cease to be a sponsor.

Obligation: Provide information to the department when certain events occur

You must provide information to the department when certain events occur. This information must be provided by registered post or electronic mail to a specified address and within certain timeframes of the event occurring.

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

You must notify the department of the following changes or events within 10 working days of the change or event occurring:

The skilled worker's employment ceases, or is expected to cease. (The sponsor must notify the department if a cessation date changes)
There are changes to the work duties carried out by the skilled worker.
If you are a standard business sponsor, 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 labour agreement, a change to the address and contact details or the training information provided in the labour agreement.
You have paid the return travel costs of a skilled worker 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.

In addition to the above, there is also an obligation for certain sponsors to provide particular information to the department, depending upon their organisational structure. In all cases, the sponsor must notify the department within 10 working days of the change or event occurring.

If your business is a company

A company must notify the department of the following changes or events within 10 working days of the change or event occurring:

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 a natural person

A natural person must notify the department of the following changes or events within 10 working days of the change or event occurring:

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 notify the department of the following changes or events within 10 working days of the change or event occurring:

A new partner joins the partnership.
Any of the events listed for a natural person or a company occur.

If your business is an unincorporated association

An unincorporated association must notify the department of the following changes or events within 10 working days of the change or event occurring:

A new member is appointed to the managing committee of the association.
You are a member of a managing committee for an unincorporated association, then notify any of the events listed for a natural person or a company.

Where to send the notice of the event or change

You must send detail of these events to an office of the department in the state or territory in which the head office of your business is located.

Australian Capital Territory
Email: ACT.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 717
Canberra ACT 2601
New South Wales
Email: NSW.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 9984
Sydney NSW 2001
Queensland
Email: QLD.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 9984
Brisbane Qld 4001
Northern Territory
Email: NT.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 864
Darwin NT 0801
South Australia
Email: SA.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 2399
Adelaide SA 5001
Tasmania
Email: TAS.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 794
Hobart Tas. 7001
Victoria
Email: VIC.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
GPO Box 241
Melbourne Vic. 3001
Western Australia
Email: WA.sponsor.monitoring@immi.gov.au
Sponsor Monitoring
Locked Bag 7
Northbridge WA 6865

How long does this obligation apply for?

the approved standard business sponsorship or the labour agreement ceases
you cease to be a sponsor.

Obligation: Ensure the skilled worker works or participates in the nominated occupation, program or activity

You must ensure that the skilled worker does not work in an occupation other than the occupation that was identified in the most recently approved nomination for that person.
If you want to employ a skilled worker in a different occupation, you must have a new nomination approved specifying that occupation.
You must also ensure that you do not engage the skilled worker’s services other than as a direct employee. There are two exceptions to this rule:

a standard business sponsor operating in Australia may employ the skilled worker in an associated entity
the skilled worker’s occupation is an exempt occupation for the purposes of this obligation.

A list of the occupations that are exempt from this obligation is in Specification of Occupations for Nominations in Relation to Subclass 457 for Positions other than in the Business of the Nominator .

How long does this obligation apply for?

This obligation starts to apply on either of:

the day the skilled worker is granted a subclass 457 visa
if the skilled worker already holds a subclass 457 visa, the day your nomination for the skilled worker is approved.

This obligation ends on the earliest of the following:

the day your application to nominate a skilled worker is approved
the day the skilled worker is granted a further substantive visa (other than a subclass 457 visa). The obligation continues if the skilled worker is granted another subclass 457 visa to continue to work for you
the day the skilled worker has left Australia and no longer holds a visa.

Obligation: No recovery of certain costs from a skilled worker or secondary sponsored person

You must not recover, or seek to recover, all or part of the costs (including migration agent costs) from the worker or any of their family members:

if the costs relate specifically to the recruitment of the skilled worker
if the costs are associated with your becoming or being an approved sponsor or former approved sponsor.

How long does this obligation apply for?

This obligation starts to apply on the day you are approved as a standard business sponsor or the day the labour agreement commences. This obligation ends two years after the following two events have both occurred:

the approved standard business sponsorship or the labour agreement ceases
you cease to be a sponsor.

Monitoring of sponsors

The department will monitor your compliance with the sponsorship obligations. The department will also monitor the subclass 457 visa holders you have sponsored, to ensure they are abiding by their visa conditions.
Approved sponsors are routinely monitored. The department also responds to information, such as allegations or media reports. This can take place during the approved sponsorship period and for up to five years after the sponsorship approval ceases.
The department monitors sponsors in three main ways:

by exchanging information with other Australian, state and territory government agencies
through written requests to the sponsor to provide information in accordance with the sponsorship obligations
by visiting businesses with or without notice.

Sanctions for not meeting your sponsor obligations

If you fail to meet your obligations, the department may impose the following sanctions:

you could be barred from sponsoring more people until a specified date
you could be barred for a specified period from applying to be a sponsor until a specified date
one or more of your existing approvals as a sponsor could be cancelled
you may be ordered by a court to pay a fine for each failure of up to AUD33 000 if you are a body corporate and AUD6600 if you are an individual
you could be issued an infringement notice for each failure of up to AUD6600 if you are a body corporate and AUD1320 if you are an individual.

In addition, you could also have sanctions imposed if:

you provided false or misleading information to the department or the Migration Review Tribunal
you no longer satisfy the criteria for approval as a standard business sponsor or for variation 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 sponsored is found to have contravened a law relating to the licensing, registration or membership required in order to work in the nominated occupation.

The type of actions that may be taken varies depending on whether the sponsor is a standard business sponsor or a party to a labour agreement.
If you have sponsored someone under a labour agreement, the department may suspend or terminate the labour agreement in accordance with the clauses of the particular labour agreement.

Last updated: 09 May 2013

Overview

SkillSelect

Subclass 457 visa

Before applying

How this visa works

Subclass 457 visa Legislative Instruments

Three stages of a subclass 457 visa

Stage 1: Employer applies to be a sponsor

Stage 2: Employer nominates a position

Stage 3: Employee applies for a visa

Information to help prepare your application

Certifying documents

Making statutory declarations

Translating documents into English

Communicating with the department electronically

Getting help with your application

Appointing an authorised recipient

Privacy – disclosure of information to other parties

Costs

Other costs

Before you ask for more help

Sponsoring

Become a sponsor

Options for becoming an approved sponsor

Option 1: Apply to be a standard business sponsor

Business in Australia

Business outside Australia

Option 2: Negotiate a labour agreement

Be a lawfully operating business

Australian businesses

Businesses outside Australia

Meet training requirements

What are the training benchmarks and how can you meet them?

What is included in 'payroll'?

What is recent expenditure?

What is an industry training fund?

Examples of ways to meet the training benchmarks

Expenditure on apprentices and trainees

Expenditure on graduates who are part of a formal training program

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

Training provided by a franchise head office for franchisees

What needs to be included in an auditable plan?

No adverse information

What is adverse information?

When is adverse information relevant?

What does the department do with adverse information?

Prepare and lodge your sponsorship application

Provide all relevant documents

Providing documents electronically

Lodging decision-ready applications

Complete the application forms

Use helpful information

Lodge your application

Options for lodging your application

Applying for accreditation

How to apply for sponsorship accreditation

Who is eligible to apply for accreditation

Document checklist for sponsors

Nominating

Nominate a skilled worker

Requirements for nominating a skilled worker

The skilled worker

Eligible occupations

Direct employer requirements

For a business in Australia

For a business outside Australia

On-hire arrangements

Employment terms and conditions (market salary rates)

There is an Australian performing equivalent work in the workplace

There is no Australian performing equivalent work in the workplace

Exemption from demonstrating market salary rates

The Temporary Skilled Migration Income Threshold

Should subclass 457 visa holders be paid the TSMIT?

No adverse information

Prepare and lodge your application

Provide all relevant documents

Providing documents electronically

Lodging decision-ready applications

Complete the application form

Use helpful information