Temporary Business Sponsorship Visa (subclass 457)

The Temporary Business Sponsorship visa is regularly used by Australian and overseas employers to sponsor employees to work in Australia. To sponsor employees, the business must apply for standard business sponsorship approval and once approved proceed to nominate employees to work in their business.

About This Visa

The Temporary Business Sponsorship visa (457) is regularly used by Australian and overseas employers to sponsor employees to work in Australia. To sponsor employees, the business must apply for standard business sponsorship approval and once approved proceed to nominate employees to work in their business.

Sponsorship approval is for 3 years in most cases but may be less if the business has been trading for less than 12 months.  This visa also allows employees to bring their families to work or study in Australia as well as travel to and from Australia if the sponsored family member still works for their employer.

Sponsorship

The sponsor must show that:

  • The business is lawfully operating either in or out of Australia;
  • The business is financially viable and can meet its sponsorship obligations; and
  • The business satisfies the training benchmarks, or if trading less than 12 months, has an auditable plan to meet training benchmarks.

Nomination

The nominator must show that:

  • The nominated occupation is on the Consolidated Sponsored Occupations List (CSOL);
  • The applicant is to be paid a base salary of at least the TSMIT;
  • The guaranteed base salary is at or above the market rate and that the terms and conditions of the employment are no less favourable than for an Australian employee working in the same or similar position.

Visa Application:

Once the nomination is lodged, the 457 may be lodged. To succeed the applicant must show:

  • That they have the necessary skills, qualifications and work experience (if applicable) to perform the role.
  • That they have the 457 English language requirements.
  • That they meet the health criterion for the visa and hold suitable health insurance.

Conditions

The 457 visa will have condition 8107 work restriction attached to it which limits visa holders to working only for their sponsoring employer in the nominated position.

To change occupations or employers a new nomination must be lodged and approved before they can lawfully change employment. Current DIBP policy gives 90 days grace to find a new sponsor after ceasing employment.

How can CTG Lawyers help you?

The Temporary Business Sponsorship (457) visa can be refused for several reasons. Temporary Business Sponsorship (457) visa applications have strict criteria which must be met and there are very few waiver provisions for the age, English language and skill requirements.

To satisfy these requirements, it is essential that all applications are assessed, structured and lodged in a way that meets all applicable DIBP law and policy. CTG Lawyers has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.

What to do next

To get the right advice, contact us for a consultation with one of our specialist advisors.

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