Temporary Work (Skilled) Subclass 457 Visa Fact Sheet

Background
The Temporary Work (Skilled) Subclass 457 Visa is a temporary visa that enables Australian (and
overseas) businesses to recruit and sponsor overseas workers to Australia to temporarily fill skilled
positions which cannot be filled from the local labour market.

There are 3 steps in the 457 visa process:

Step 1 – Standard Business Sponsorship (SBS)

This application is lodged by the sponsoring employer and relates to their business background, financial
capacity and commitment to training Australian employees.

Once approved, the business sponsorship will be valid for 5 years from the date of approval and for
an unlimited number of nominations (ie. positions) under the 457 visa programme.

Step 2 – Nomination Application

This application by the sponsoring employer generally relates to the position to be filled and salary to be
paid.

The occupation being nominated must be an eligible occupation and there are 2 eligible occupation lists
for this purpose:

• Medium and Long Term Strategic Skills List – MLTSSL; and

• Short Term Skilled Occupation List - STSOL

SIRVA will work with your sponsoring employer in regards to this step.

Step 3 – Visa Application

This application relates to the individual and any accompanying family members. Matters such as health,
character, English and skill are assessed as part of this application.

Upon receipt of your completed questionnaire, SIRVA will:

• Provide you with a full list of the documents required tailored to your specific circumstances;
• Advise if you or any accompanying family members will be required to undertake health
examinations as part of the visa application process. If health examinations are required, your
visa application cannot be finalised by the Department until the health examinations have been
undertaken and the results have been cleared; and
• Provide instructions for obtaining the relevant police clearances which are now required as part
of the 457 visa process. Your visa application cannot be finalised by the Department until the
police clearances have been provided and assessed.

As such, it is very important to provide SIRVA with your completed questionnaire as soon as
possible.

The validity period of the visa will be determined by whether your nominated occupation falls under the
MLTSSL or STSOL.

If your nominated occupation is on the MLTSSL, your 457 visa will be granted for up to 4 years.

If your nominated occupation is on the STSOL, your 457 visa will be granted for up to 2 years.

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Secondary 457 visa holders have full work and study rights in Australia for the duration of the visa.

Visa Conditions
Primary 457 visa holders are subject to condition 8107 which means that they:
• Must only work for their sponsoring employer (or an associated entity as defined under
s50AAA of the Corporations Act 2001 (Cth)); secondary employment is generally not
acceptable unless exceptions apply
• Must not work in a position which is inconsistent with the approved nominated position
• Must not cease employment with their sponsor for more than 60 days*
• Must depart Australia, or apply for another visa to remain in Australia, within 60 days* of
ceasing employment with their sponsoring company

*The 60 day period applies to all primary 457 visas granted from 19 November 2016 (primary
457 visas granted before 19 November 2016 will have a period of 90 days)

All 457 visa holders (ie. primary and secondary) are subject to condition 8501 which means that they
must maintain adequate arrangements for health insurance for the duration of stay in Australia on the
457 visa. Regardless of who pays the insurance premium, it is the visa holder’s responsibility to
comply with this condition. Coverage under a Reciprocal Health Care Arrangement would also be
sufficient to comply with this visa condition.

Abolition of the 457 Visa from March 2018

On 18 April 2017, it was announced that in March 2018 the 457 visa will be abolished and replaced
with the Temporary Skill Shortage Visa (TSS visa). Existing 457 visas will remain in effect.

The TSS visa programme will be comprised of a Short-Term stream of up to two years and a Medium-
Term stream of up to four years.

TSS visas granted under the Short-Term stream will have the capacity for one visa renewal onshore
only. TSS visas granted under the Medium-Term stream will have the capacity for visa renewal
onshore.

A number of other changes were also announced in regards to Permanent Residence under the
Employer Nomination Scheme and Citizenship. SIRVA can provide consulting services should you
have any queries in regards to your eligibility.

Expected Processing Times

The current 457 processing time is approximately 8 – 10 weeks from the date of lodgement of a
decision ready application (however, this can vary and is outside of SIRVA’s control). Please note that
some sponsors hold ‘Accredited’ status with the Department. If your sponsoring employer is
Accredited, your 457 visa should receive priority processing by the Department.

Important Points to Note:

• Processing times will be prolonged should health, character or bone fide concerns arise which
require further investigation and/or assessment by the Department
• The Department of Immigration and Border Protection has the right to request further
information and/or documents in regards to any aspect of your visa application
• We strongly recommend that you do not finalise travel arrangements, vacate property, ship
goods etc until your visa has been finalised
• Please provide your completed questionnaire and supporting documents as soon as possible

Disclaimer: The information provided herein is of a general nature only and does not constitute legal
or other professional advice. For more detailed and case specific information or advice, please
contact SIRVA Relocation. This information is current as of July 2017 and is subject to change in the
future.

MARN 1067049
Last edited: July 2017

SIRVA Immigration | Melbourne, Sydney and Perth | www.sirva.com

CONFIDENTIAL AND PROPRIETARY ©2016 SIRVA Worldwide, Inc.