SPONSORING A TEMPORARY OVERSEAS EMPLOYEE TO AUSTRALIA
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.
This Information Outline is provided courtesy of Yandell Wright Stellwho are experienced in this area of law. They are located atLevel 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.