SUBCLASS 457
The 457 visa allows businesses to recruit and employ staff from overseas
(non-residents) for temporary entry with a right to be employed, in Australia
for a period between 3 months to 4 years.
There are three steps involved to obtain a 457 visa for an overseas employee:
- Employer applies for the Pre-Qualified Business Sponsorship (PQBS) or
Standard Business Sponsorship status;
- Employer nominates the position to be filled by the Expatriate;
- The prospective employee applies for a Temporary Business (Long Stay)
Visa.
STEP 1: Pre-Qualified Business Sponsorship “(PQBS)” / Standard Business
Sponsorship “(SBS)”
PQBS is for employers seeking to bring an unlimited number of people to
Australia over a two-year period. PQBS status is normally suitable for larger,
established businesses.
SBS is for employers seeking to sponsor a specified number of people within a
12 month period. The sponsorship status is valid for the specified number of
nominations, or up to 12 months from the date of approval, whichever occurs
first.
To apply for approval as a business sponsor, the business must provide
details to:
- Show the business is of good standing by providing documents such as
business registration, financial statements, annual reports, newsletters etc;
- Explain how Australia benefits from the business employing expatriates;
- Demonstrate the commitment of the business to training Australian
residents (training courses provided to staff members or future training plan)
or introducing new technology or business skills.
STEP 2: Nomination
The Employer needs to nominate each of the positions they wish to fill with
an expatriate, once the business sponsor status has been obtained. The
nomination must relate to an occupation, which meets a minimum skill threshold
covering managerial, professional, associate professional and trade occupations.
The nominated position must also be remunerated at a minimum salary level
equivalent to average weekly earnings.
STEP 3: Visa Application
The person identified to fill the nominated vacancy must apply for a visa to
enter or remain in Australia. The location of the nominee determines whether the
application is lodged in Australia or overseas. The nominee needs to demonstrate
that he/she has qualifications and skills which match that of the nominated
position and must be offered employment at a salary of not less than average
weekly earnings. The dependent family members of the applicant can be included
in the application.
The actual visa application cannot be determined before the approval of the
nomination application by the employer.
FURTHER
INFORMATION
This Information Outline is
provided courtesy of Yandell Wright Stell
who are experienced in this area of law. They are located at Level
5, 139 Macquarie Street SYDNEY NSW 2000 or call them on (02) 9252-2278 if you would like more information
on the legal topic, or you wish to obtain formal advice regarding your
situation.
Yandell
Wright Stell Lawyers is a result oriented firm as distinct from a
procedurally-oriented firm. The result is achieving your goals as quickly and
efficiently as possible and to your best advantage. Our firm through its
professionals and support team supply legal services in the following areas of
law: *Property law including conveyancing, property development and planning
matters. *Commercial dispute resolution and litigation. *Immigration law
including all visa applications. *Banking and finance law. *Intellectual
property law including trade marks, copyright, designs and patents.
*Telecommunications and information technology law. *Insolvency and bankruptcy
law. *Corporate, commercial and business law matters. *Family law. We are
centrally located in Macquarie Street, Sydney from where we are able to deliver
first class results and personal service to all our clients.
