Key criteria to quality for a 457 Visa
Occupation on the Consolidated Skilled Occupation List (CSOL)
One of the most important aspects of the 457 visa is that the occupation nominated must be on the Consolidated Skilled Occupation List (CSOL).
Skills and Experience
You must be able to demonstrate to the Department of Immigration that you have the skills and experience necessary to perform the occupation nominated. This means your qualifications and work experience must be commensurate with the qualifications and work experience listed in ANZSCO for your nominated occupation.
In all cases, evidence of your qualifications must be given. If you do not have a formal qualification you may substitute that requirement with sufficient work experience at the skill level required by the ANZSCO description for your occupation.
If you need to demonstrate work experience, you will need to provide adequate evidence such as reference letters from your prior employers, employment contracts, tax summaries, and payslips.
Age and English
There is no age restriction for a 457 visa. You must have ‘Vocational English’ (IELTS 5.0), however, if your occupation requires licencing and the condition of that licence is that you have English higher than 5.0 then you must have that higher level of English. There are also exemptions available for certain occupations and wage level.
The Process to Apply
The 457 Visa consists of 3 stages:
- Employer applies to the Department of Immigration for approval as a Standard Business Sponsor. (This may already have been done)
- Employer applies to the Department of Immigration for approval to sponsor a particular person (the visa applicant)
- Apply to the Department of Immigration for approval of the visa application
If the employer hasn’t already done so, it will need to apply to become a ‘Standard Business Sponsor’. This will enable the employer to be eligible to sponsor the visa applicant.
The key criteria to be approved as an SBS are:
- Actively and lawfully operating a business
- If the business has traded for a year or more in Australia, it must show that it has met the training benchmarks of Australian citizens
- There is no adverse information known to the Department of Immigration about the business
The Standard Business Sponsor must apply to the Department of Immigration for approval to sponsor a particular person in a particular occupation within the business. The key criteria for approval of this ‘nomination’ stage are:
- Occupation nominated must be on the Consolidated Skilled Occupation List (CSOL)
- The salary, terms and conditions of the employment contract are at least the same or better than those provided to Australian citizens or Permanent Residents performing equivalent work in the same location
- The base rate of pay must be higher than the Temporary Skilled Migration Income Threshold (TSMIT)
- The tasks of the position must include a significant majority of the tasks of the nominated occupation as listed in ANZSCO
- The qualifications and experience of the nominated visa applicant are commensurate with the requirements of the occupation as listed in ANZSCO
- The position nominated must be genuinely required by the business
- Certain occupations will need to have been advertised to the general public beforehand (Labour Market Testing)
Once the nomination is approved, the visa application can be approved provided the criteria for grant have been met. The key criteria for grant of the visa are:
- You have demonstrated that you have the skills and experience to perform the tasks of the occupation nominated
- You have provided evidence that you have the required English level
Public Interest Criteria
Like almost all visas, partner visas carry these general requirements for Health, Character, Debts to the Commonwealth, and Australian Values Statement.
If you are unsure of meeting any of these criteria you should contact a professional to assess your ability to overcome any potential refusal on these grounds. Migration agents can prepare submissions on your behalf to give your application every opportunity for approval.
Period of Visa
The Temporary Work (Skilled) (457) visa is a temporary work visa valid for 4 years.
The 457 visa carries full work rights for both the applicant and the family members.