Standard Business Sponsorship, Nomination and Business Visas (subclass 457)

This visa is for overseas employees who have secured skilled employment with an Australian company.

You can live in Australia and work for your sponsoring employer for a period from one day up to four years. Dependent family members can be included in your application.

Companies can apply to the Department of Immigration and Citizenship to sponsor overseas employees to work in their Australian business. There are three stages to this process: the Standard Business Sponsorship, nomination and subclass 457 business visa applications.

Standard Business Sponsorship application

Standard Business Sponsorship (SBS) applications are for:

• Australian companies wanting to sponsor overseas employees;

• Overseas companies wanting to establish an Australian operation of their overseas business and employ overseas employees in that business.

To become a standard business sponsor, companies must meet financial, training and other requirements; or in the case of an overseas business sponsorship, meet financial, business objectives and have a commitment to training. Once a business sponsorship application has been lodged, employers are able to lodge an application to nominate the overseas employee's position.

Nomination

A company must apply to sponsor an overseas employee by nominating their position. The nominated position must:

• generally be fulltime - at least 38 hours per week;

• meet relevant Australian laws and award conditions;

• appear on the approved list of occupations;

• meet minimum skill requirements;

• meet market salary requirements - salary must not be lower than that of an Australian in an equivalent position in the same location of the business; OR where there is no Australian employed in an equivalent position in the sponsor's business, the salary must not be lower than Australians employed in the same position outside the sponsor's business;

• the market salary must not be less than $49,330 exc superannuation, regardless of whether more than that amount will be paid.

Once the nomination has been lodged, an application for the overseas employee's subclass 457 temporary business visa can be submitted.

Subclass 457 business visa

In addition to being sponsored by a company, the subclass 457 business visa applicant must:

• meet health and English language requirements;

• meet qualification and/or skill requirements;

• meet employment experience requirements relevant to the position;

• hold registration or licensing, or be eligible to apply, if required to perform that position in Australia.

Applicants can include dependent family members in their visa application. This visa is valid from one day up to four years.

Subclass 457 business visa for dependents of sponsored employees

 This visa is for eligible dependent family members, including children, de facto partners, same-sex partners, spouses, and other dependent family members to live and work in Australia with an employee sponsored under a subclass 457 business visa. De facto and same sex partners must supply evidence to show they have been living with the sponsored employee for a period of at least six (6) months. You can apply for this visa at the same time as the sponsored employee, or after the sponsored employee's visa has been granted. This visa will be valid until the same end date as the sponsored employee's visa. Once the visa is granted, dependent family members have unrestricted work rights.

Please contact us for further information.