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How to Hire a Foreign a

Worker through the 457


Visa Scheme
Hiring a worker through the 457 Visa Scheme is
basically a 3 Step Process.

Step 1. Sponsorship

Step 2. Nomination

Step 3. Visa Application


Sponsorship
Step 1. The Employer requires an Overseas
Worker to fill a nominated skilled position in
Australia as they have advertised locally and have
been unable to fill the position.

• Note: You may be required to provide proof that this position was advertised.
• This is to ensure fair and equal opportunity to Australia employees.

Step 2. The Employer checks the DIAC website to


see if this position is in demand in Australia.

• Please see our Applicants/Australia/Skills in Demand page or


• Follow this link: http://www.immi.gov.au/skilled/general-skilled-migration/skilled-
occupations/occupations-in-demand.htm
(This the current list for Occupations in Demand in Australia, courtesy the Department
of Immigration)
Sponsorship
Step 3. The Employer must meet the following
Criteria:

• Employers must only employ a worker who is listed to work for that Employer, who
has a current 457 visa, for the position that they are nominated for.
• Employers must notify the Department of Immigration once the Employee ceases
employment.
• If the Employer has previously sponsored employees to Australia, they must have a
satisfactory record of complying with immigration laws
• There must be nothing adverse known about the business
• The Employer must be lawfully operating a business that is actually and actively
engaged in business activities.
• The activities of the business must not be illegal in Australia.
• New businesses or business proposals may be considered if there is clear evidence of
intention to establish the business.

Step 4. For groups of related companies, the direct


Employer can be related to the approved sponsor.

• For example, the head company of a corporate group of companies in Australia may be
approved as a sponsor while a subsidiary company is the direct Employer.
Sponsorship
Step 5. The Employer must agree to cooperate with the
Department of Immigration’s monitoring requirements.

Step 6. The Employer must agree to meet costs and other


obligations as part of the program.

• Please see the *Minimum Wages Breakdown below.


• Employers must either be willing to provide payment for the worker to return home
should this be required or negotiate with the worker for this cost
• Employers must meet all costs incurred in a public hospital (where not covered by
health insurance arrangements)

Step 7. The employment of skilled workers from overseas


must benefit Australia. For example, the arrangement
could

• Improve business links with international markets


• Expand Australian trade in goods or services
• Provide employment for Australian citizens or Australian permanent residents
• Improve competitiveness within the sectors of the Australian economy
Sponsorship
Step 8. The Employer requires an Employee for a period
between 3 months and 4 years.

Step 9. The Employer applies to be a Sponsor through the


Department of Immigration.

• The Employer applies to be a Sponsor to recruit overseas workers.


• The Employer is required to fill in the Sponsor Checklist:
http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-sponsor-checklist.pdf
(This is the Department of Immigration Sponsor Checklist)
Sponsorship
Sponsorship Checklist
This will include information such as:

The The Companies Proof of in Any relevant


Employment Employment house training information in
Contract for the Profit and Loss ect regards to other
new Employee statement for Overseas
the previous Employees
year or tax
returns for the
previous year.
Sponsorship
As the Direct Employer your Company The Employer must also demonstrate that
their Australian business operations will meet
would be responsible for the following: one of the following requirements:

• Payment of Employee • Introduce, use or create new


Salaries business skills
• PAYG Tax Instalments • Introduce, use or create new
• Employee Superannuation or improved technology
• Conditions of employment • Have a satisfactory record of,
• Day-to-day supervision of the or a demonstrated
employee commitment towards training
Australian citizens and
Australian permanent
residents.
Nomination
The Employer nominates the positions they
want to fill.
• It must be a Skilled Position. This is determined by the Australian Standard
Classification of Occupations (ASCO) code of the occupation (available on
Australian Bureau of Statistics website:
http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/8D5A
0D315B5E6833CA2571E200835600?opendocument
• Breakdown of Occupation Group Numbers and Listings
• This gives a breakdown of all Occupations and what section they fall
under and gives each occupation a 4 - 6 digit number that corresponds
according to the group and sub group the position fall under.
• For example: An Employee may fall under: Major Group 3. Technicians
and trades workers.
• This Group is then divided up into sub-groups such as: Sub Major Group
32. Automotive and Engineering Trade Workers and Construction and
Trades Workers according to their skill set ect.
Nomination
Major Groups
1. Group 1. Managers Group 2. Professionals Group 3. Technicians and Trades Workers Group 4.
Community and Personal Service Workers Group 5. Clerical and Administrative Workers Group 6.
Sales Workers Group 7. Machinery Operators and Drivers Group 8. Labourers

Sub-Major Groups Unit Groups


Sub Divisions of the Major Groups Sub Divisions of the Minor Groups
Denoted by 2 Digit Code ( The relevant Major Group Denoted by 4 Digit Code ( The relevant Minor
Code plus 1 digit) Group Code plus 1 digit)
Distinguished from other Sub-Major Groups by Skill Distinguished by finer application of skill
Level or Broad application of skill specialisation
specialisation and if necessary skill level.

Occupations
Minor Groups Subdivisions of the Unit Groups
Sub Divisions of the Sub-Major Groups Denoted by 6 Digit Code (The relevant Unit Group
Denoted by 3 Digit Code ( The relevant Sub-Major Code plus an additional 2 digits)
Group Code plus 1 digit) Distinguished from other jobs in the same unit group
Distinguished from other Minor Groups mainly on the on basis of skill specialisation
basis of less broad skill specialisation Sets of jobs that require the performance of a common
set of tasks
Nomination
All eligible positions are listed on the Department of
Immigration website.
See: http://www.immi.gov.au/skilled/skilled-workers/sbs/occupations.pdf

The Employer acts as a sponsor for the Employee/s


applying for the 457 visa.

When the completed Sponsorship Application is


submitted the Employer will pay the Sponsorship
Charge of $285 AUD
Nomination
The Employer can then choose to appoint a
Migration Agent to receive all written
communications in regards to the Visa Application.

This link will allow


A registered
you to search for a
Migration Agent (See
Recruitment Registered Migration
the Mara website
Workers works with Migration agents will Agent either by name
link) will have a
number of charge a fee that will or location:
strong knowledge of
Registered Migration vary. http://www.them
all of the
Agents ara.com.au/Onlin
requirements for the
e/ARSearch.asp?
visa process.
DeptID=140
Visa Application
The Employer lodges the
The sponsorship,
Sponsorship paperwork
nomination and visa The visa application cannot
through the Department of
application can be lodged at be lodged before the
Immigration. This can be
the same time or sponsorship or nomination
done online, in person, by
separately.
post or courier.

The Sponsorship The nomination cannot be


The Nomination will incur
application will incur a lodged before the
a charge of $60.00 AUD
charge of $250.00 AUD sponsorship

Applications lodged online


will be given greater
priority
Visa Application
Processing the application
will usually begin within 7 Percentage of In Australia Outside Australia
working days of the applications
Department of Immigration (If you were in (If you were outside
processed in this
receiving the application. Australia when your Australia when your
timeframe
application was application was
lodged) lodged)

50% six (6) weeks six (6) weeks


If complete, your application
will be assessed by a case
officer and you will be advised
of any final steps that may
need to be completed prior to 75% three (3) months three (3) months
consideration of the visa
decision.

If incomplete, an initial
The application will then be
assessment of your Important: Processing of your
considered by the
application will be made by a application will not continue
Department of Immigration.
case officer. You will be asked until all outstanding
The Standard Breakdown of
to provide further documentation has been
Visa Application Times are as
information before the received
follows:
application can proceed.
Base Salaries According to Occupation
What this means is that you must pay your sponsored worker the higher of either the
MSL or the industrial instrument (such as an award or collective agreement) that
applies to the position in which they are working. The Minister for Immigration and
Citizenship sets the MSL for sponsored workers. Please follow this link for a detailed
list of all occupations listed under the Schedules listed:
http://www.immi.gov.au/skilled/skilled-workers/sbs/occupations.pdf

Minimum Salary
Schedule Details
Level
Non-Information and Communication Technology Occupations allowable under
AUD
A Standard Subclass 457 arrangements. For example: 4112-11 Fitter, 4113-11
Toolmaker $43,440
Information and Communication Technology Occupation allowable under
AUD
B Standard Subclass 457 arrangements.
For example: 2231-11 Systems Manager, 2231-21 Computer Systems Auditor $59,480
Non-Information and Communication Technology Occupations allowable under
AUD
C Subclass 457 certified regional employment arrangements. Employees from
Groups 1 – 7 excluding those listed in Schedule D $39,100
Information and Communication Technology Occupations allowable under
Subclass 457 certified regional employment arrangements. Employees from AUD
D groups 1 – 7 that are in recognised Regional Area (For example: Not Brisbane as $53,530
it is a Capital City)
Useful Websites
Registry of Migration Agents by name and Location
•http://www.themara.com.au/Online/ARSearch.asp?DeptID=140

Current Occupations in Demand

•http://www.immi.gov.au/skilled/general-skilled-migration/skilled-occupations/occupations-in-demand.htm

Employer 457 Visa Sponsor Checklist

•http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-sponsor-checklist.pdf

Application for 457 Visa (Department of Immigration)

•http://www.immi.gov.au/allforms/pdf/1066.pdf

Sponsoring a temporary overseas employee to Australia Booklet (Department of Immigration)

•http://www.immi.gov.au/allforms/booklets/1154.pdf

Visa information for 457 Workers Booklet (Department of Immigration)

•http://www.immi.gov.au/skilled/_pdf/457-unions.pdf

Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa

•http://www.immi.gov.au/skilled/skilled-workers/sbs/occupations.pdf

Australian Bureau of Statistics Occupations Codes

•http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/8D5A0D315B5E6833CA2571E200835600?opendo
cument