Temporary Work (Skilled) visa (subclass 457)
This visa allows skilled workers to work for an approved business for:
- Up to 4 years if your occupation is listed on the MLTSSL .
- Up to 2 years if your occupation is not on the STSOL .
You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.
You can be inside or outside Australia when you lodge your application.
As announced in April 2017, reforms to the temporary employer sponsored skilled migration programme will be implemented in stages as follows:
Changes from July 2017
- Further review of STSOL and MLTSSL occupation lists.
- Removal of English language salary exemption for applicants with a salary over the $96,400 threshold.
- Training benchmark requirements will be made clearer.
- Penal clearance certificates will become mandatory.
Changes by December 2017
- The Department will commence the collection of Tax File Numbers for 457 visa holders (and other employer sponsored migrants), and data will be matched with the Australian Tax Office’s records to ensure that visa holders are not paid less than their nominated salary.
- The Department will commence the publication of details relating to sponsors sanctioned for failing to meet their obligations under the Migration Regulation 1994 and related legislation.
Changes from March 2018
The Temporary Work (Skilled) visa Subclass 457 will be abolished and replaced with a completely new Temporary Skill Shortage (TSS) visa.
The TSS visa will be comprised of a Short-Term stream of up to two years, and a Medium-Term stream of up to four years.
The Short-Term stream is designed for Australian businesses to fill skill gaps with foreign workers on a temporary basis, where a suitably skilled Australian worker cannot be sourced. The Short-Term stream will include the following criteria:
- Renewal: Capacity for visa renewal onshore once only. No pathway to permanent residency.
- For non-regional Australia, the STSOL will apply.
- For regional Australia, the STSOL will apply, with additional occupations available to support regional employers.
- English language requirement: A minimum of an International English Language Testing System (IELTS) score of 5, with a minimum of 4.5 in each test component (or equivalent test).
- Genuine entry: A genuine temporary entrant (GTE) requirement.
The Medium-Term stream will allow employers to source foreign workers to address shortages in a narrower range of high skill and critical need occupations, where a suitably skilled Australian worker cannot be sourced. The Medium-Term stream will include the following criteria:
- Renewal: Capacity for visa renewal onshore and a permanent residence pathway after three years.
- Occupation lists:
- For non-regional Australia – the MLTSSL will apply.
- For regional Australia – the MLTSSL will apply, with additional occupations available to support regional employers.
- English language requirement: a minimum of IELTS 5 in each test component (or equivalent test).
Eligibility criteria for both streams will include:
- Work experience: minimum two years’ work experience relevant to the particular occupation.
- Labour market testing (LMT): will be mandatory, unless an international obligation applies.
- Minimum market salary rate: Employers must pay the Australian market salary rate and meet the Temporary Skilled Migration Income Threshold (TSMIT), currently $53,900 as at June 2017.
- Character: Mandatory penal clearance certificates to be provided.
- Workforce: A non-discriminatory workforce test to ensure employers are not actively discriminating against Australian workers.
- Training requirement: Employers nominating a worker for a TSS visa will be required to pay a contribution to the Skilling Australians Fund. The contribution will be:
- payable in full at the time the worker is nominated;
- $1,200 per year or part year for small businesses (annual turnover of less than $10 million) and $1,800 per year or part year for larger businesses.
Connecting you with the Australian workforce
The 457 visa enables eligible workers the chance to work in Australia for a period of either two or four years depending on their specific occupation. Holders are allowed to enter and exit Australia an unlimited number of times throughout the validity period. Family members may be attached to your visa application and family members of successful applicants may study or work in Australia while your visa is valid. As part of your visa obligations, you and your family members are required to make adequate arrangements for health insurance while in Australia.
In the majority of cases, visa holders must only work for their sponsor employer, but exceptions apply for medical practitioners and general managers. If these exceptions do not apply and you stop working for your sponsor, you will be required to find another sponsor employee and lodge a new nomination, be granted a different visa or leave Australia within 60 days.
Helping you achieve your goals
Swift Migration Australia is one of the Gold Coast’s most respected migration firms. Our visa agents provide the support our clients need at every step from initial visa enquiries through to potential appeals. We understand the importance of having professional guidance throughout the visa application process and are ready to provide the tailored, individualised service you need to achieve the optimal outcome.
During this transitional stage as the Department of Immigration and Border Protection prepares to abolish the 457 visa, Swift Migration Australia can help applicants navigate a path to the employer-sponsored visa most suitable to their needs. Get the support you need at every step from an experienced and practiced team of migration agents and start a conversation with our staff today.
For more information, please call (07) 5526 6869 or complete our enquiry form. Should you be unable to meet the criteria immediately, we can advise you on steps to make migration possible in the future.