Work Visas

Purpose

The Business (Long Stay) – Subclass 457 (Sponsorship & Nomination) visa (commonly known as a Work Permit) is valid for stays between 3 months and 4 years. This visa is used by Australian businesses that seek to employ highly skilled personnel from overseas. The position to be filled must require specialist or technical skills and/or knowledge and the visa applicant must be able to show that they have the education and / or work experience to fill this position.

Essentially there are three steps involved in a visa application of this type:

The company must apply for sponsorship approval;
The company must nominate a position to be filled; and
The visa applicant must lodge a visa application.

Sponsorship Approval

The sponsorship application process will involve an assessment of the company's business standing, the proposed benefit to Australia as a result of employment of the applicant and the company's commitment to training Australian citizens and residents.

In order to be approved as a sponsor, the company will need to be able to demonstrate that:

it is a lawfully and actively operating business. The business must be actually and actively engaged in business activities. OR it is an overseas business that will establish a business in Australia and then be actively engaged in business activities.
it is or will be the direct employer of the temporary business entrant. Applicants for sponsorship must be the direct employer of the temporary business entrant. This usually involves responsibility for payment of salaries, PAYE tax installments, superannuation, conditions of employment and day to day supervision of the employee.
it is able to meet sponsorship undertakings. The Department of Immigration Multicultural & Indigenous Affairs (DIAC) may check that the company has a satisfactory record of compliance with immigration laws and that there is no available adverse information about the business and/or its principals.
the employment of the visa applicant will benefit Australia. The company must show how the proposed employment will contribute to either:
- the creation or maintenance of employment for citizens, or permanent residents of Australia; or
- expanding Australian trade in goods or services; or
- improving Australian business links with international markets; or
- increasing competitiveness within sectors of the Australian economy.
it either utilises new technology in its business OR has a commitment towards the training of Australian citizens. The Company must demonstrate that their Australian business operations:
- will introduce, use or create new or improved technology or new business skills; or
- have a satisfactory record of, or a demonstrated commitment towards, training Australian citizens and Australian permanent residents in their business operations.
it agrees to abide by the relevant sponsorship undertakings. A list of the statutorily enshrined undertakings with which the company must comply is set out below.

Nomination of position to be filled

The purpose of this part of the application is to identify the position to be filled by the visa applicant, and the skills and experience required for the position.

When making a decision on the approval of the nomination application, DIAC will assess whether:

the position meets the minimum skills threshold. A minimum skill level applies to all positions to be filled by overseas employees. DIAC will assess the nominated position according to the Australian Standard Classification of Occupations in order to determine whether roles and responsibilities of the nominated position meet the skills threshold for the corresponding occupation; and
the position is to be remunerated at a level above AU$41,850.00 OR AU$57,300.00 for IT professonals. The salary is the gross salary paid, excluding accommodation or rental assistance, bonuses or commissions, share schemes, vehicle allowances, superannuation and any other non-salary benefits.

Visa Application

The third and final step in the application process is the completion of the visa application on behalf of the applicant.

In order for the visa to be granted, it will need to demonstrate that the visa applicant:

is employed by the Company;
has skills which match those required for the position which has been nominated;
has attributes consistent with his proposed employment in Australia; and
meets all necessary health and character requirements;

Sponsorship Undertakings

Nature of Undertaking	Specific Obligations on sponsoring employer
Must be responsible for costs	ensure that the cost of return travel for an employee (and accompanying family member) is met to return them to their home country pay all medical or hospital expenses for an employee (and accompanying family member) for treatment in a public hospital (other than expenses that are met by health insurance or reciprocal health care arrangements) this undertaking continues until all expenses are paid repay the Australian Government for money it spends as a result of the employee's stay in Australia. These costs may include those relating to locating and detaining the employee (and accompanying family member) if they become unlawful, removing them from Australia and processing any application they make for a protection visa
Must comply with immigration laws	comply with responsibilities under Australian immigration laws not employ a person who would be breaking Australian immigration laws by being employed ensure that the employee is paid at least the minimum salary level that applies at the time the decision is made on their visa.
Must cooperate with the department	notify the department within 5 working days after a sponsored employee ceases to work for the sponsoring employer notify the department of: any change in circumstances that may affect the employer's capacity to honour its sponsorship undertakings or any change to the information that contributed to the employer's ability to be approved as a sponsor or the approval of a nomination cooperate with the department's monitoring of the business or of any sponsored employees. This undertaking continues until the earlier of the following. when the employee leaves Australia and their visa ceases, or when the employee is granted another substantive visa when the sponsoring employer ceases to be an approved sponsor of the employee.
Must comply with the terms of the nomination	notify the department of any change in the employee's work location (if the approval of the nomination is granted on the condition that the employee must be working in a particular location).
Must comply with workplace relations laws	comply with all relevant laws relating to workplace relations and any workplace agreements that have been put in place for the employee ensure that the employee holds any licence, registration or membership that is mandatory for the performance of their work make superannuation contributions required for employees while they are employed by the business deduct tax instalments and make payments of tax for the employee while they are employed by the business.

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