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Temporary Business Visas – Making The Process Easy

Temporary Business (Long Stay) – Standard Business Sponsorship (Subclass 457)

A Temporary Business (Long Stay) – Standard Business Sponsorship (Subclass 457) is intended for employers to sponsor overseas workers to work in Australia on a temporary basis.

There are 3 visas that are required to be applied for before the applicant can enter Australia. These are:

  1. sponsorship
  2. nomination, and
  3. visa

The visa applicant applies for the visa to enable them to commence work for the sponsor. The visa is granted for between 1 day up to 4 years.

There are applicable criteria for both the sponsor and the visa applicant.

Sponsorship

The sponsoring business will need to apply for the right to sponsor overseas workers. The sponsorship will be valid for 3 years.

The sponsoring business will be required to show that:

  • the persons employment or business activities will:

(a)  contribute to the creation or maintenance of employment in the Australian economy,

(b)  contribute to expanding trade or improve links with international organizations or Markets, or

(c)  enhance competition in the market place.

  • the sponsor will be required to pay the applicant the same market salary rates as Australian permanent residents or citizens the same role. Where the salary is equal to or greater than $180 000 the sponsor is not required to provide evidence that the salary complies with the market salary rate for that occupation.
  • the sponsoring business must not have any adverse charges against their business or business associates.
  • the sponsor must demonstrate their commitment to the training of Australians by contributing 2% of the equivalent of their payroll to training staff, alternatively, contribute 1% of the equivalent of their payroll to a nominated training fund.
  • the sponsor must give the visa applicant a letter of offer and a contract of employment for full time, ongoing employment.
  • the sponsor will be required to give the visa applicant the same terms and conditions as an Australian employee for example, superannuation and sick leave.

Nomination

You must be nominated by your employer to fill one of the positions on the Australian and New Zealand Standard Classification of Occupations (ANZCO) list. For information on the Australia and New Zealand Standard Occupation List (ANZCO) please click here.

The nomination can be lodged before, or at the same time as the nomination.

The sponsor applies for the nomination to nominate the position they wish to fill.

The nomination will be valid for 12 months.

Visa application

The visa application can be lodged at the same time as, or after the nomination. However, t must be lodged within 6 months of the approval of the nomination.

The visa applicant will be required to show that:

  • they possess the required skills, experience and qualifications required for the position.
  • demonstrate a proficient level of English language proficiency (at least 5 in the IELTS test)
  • obtain the required licence and registration for the nominated position
  • maintain health insurance for the duration of your stay
  • obtain the required health and security checks

If the visa applicant ceases employment, you must either:

  • find another employer who will sponsor/nominate you for employment or
  • apply for another visa or
  • leave Australia within 28 days

You may apply for the visa application inside Australia or outside Australia.

You will not be eligible to apply for the visa if the last visa you held was a Transit visa (Subclass 771) or Special Purpose visa.

The visa applicant may bring their family with them to Australia. Family members will be given permission to work and study in Australia. The visa applicant will have multiple travel into and out of Australia.

After you have been the holder of a Temporary Business (Long Stay) – Standard Business Sponsorship (Subclass 457) you may be eligible to apply for an Employer Nomination Scheme (Subclass 121/856) which is a permanent visa.

Sponsoring your own established or new business under a 457 visa

You may also apply for a 457 visa if you intend to establish your own business in Australia or if you have already established/operating a business in Australia.

You will be required to apply for the 3 visas listed above, being Sponsorship, Nomination and the Visa Application.

You will be required to fulfil the criteria listed above in addition to the criteria listed below as a self employed business owner:

You will be required to provide details about your business, including evidence that it has been lawfully operating in Australia or overseas and that it is actually operating.

If your business is currently operating in Australia:

- you must provide evidence of your business registration details such as your Australian Business Number or ABN, Australian Company Number or ACN.

To show that your business is currently operating, you should provide the following evidence:

  • contract of sale;
  • lease agreements;
  • Business Activity Statements;
  • Business bank statements, or
  • Business plan by an accountant or financial advisor

If you are operating a business outside Australia:

  • if your business is not operating you will not be able to satisfy the sponsorship requirement for the visa;
  • you must provide evidence that your business is lawfully registered and that it is currently actively engaged in business activities.

To show that your business is currently operating, you should provide the following evidence:

  • contract of sale;
  • lease agreements;
  • Business Activity Statements;
  • Business bank statements, or
  • Business plan by an accountant or financial advisor

As part of your sponsorship application, you must show that your company or business will be able to satisfy the following:

  • fulfil contractual obligations such as suppliers contracts;
  • that you will employ a person on a Subclass 457 visa (such as the business owner/Director);

Evidence of this may include:

  • agreements, or
  • business plan by an accountant or financial advisor

Training of Australians

You will be required to provide evidence that you satisfy the training requirements of training Australia citizens or Australian permanent residents if your business has been operating in Australia for 12 months or more.

However, if your business has been operating for less than 12 months, you will be required to provide evidence that you have an auditable plan to meet the training requirement.

You may provide evidence of courses of study that current employees have become enrolled in or apprenticeship programs, trainee or graduate programs in support of any training program.

For information on applicable health and police checks, IELTS testing, and Assurance of Support (AOS) please click here.

For information on the Australia and New Zealand Standard Occupation List (ANZCO) please click here.
For information on applicable job descriptions (short summary, and licensing requirements) please click here.
For information on applicable job descriptions (detailed descriptions) please click here.

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