The Temporary Work (Skilled) subclass 457 Visa: Eligibility and Permanent Residency Prospects

As one of the most highly sought after and successful visa programs in Australia, the Temporary Work (Skilled) Visa is suitable for skilled workers that might be able to be sponsored by a prospective employer.

Successful applicants have the opportunity to work in Australia for a period of up to 4 years, while holding a temporary visa. Family members of the applicants can also be included in the application and enjoy the same benefits as the primary applicant, which include but are not limited to unconditional travel arrangements.

The application process comprises of 3 stages, as set out below:

1. Sponsorship

The employer must submit an application to obtain a standard business sponsorship, provided the company is a lawfully operating business and it meets several legislative requirements.

2. Nomination

The employer will then have to nominate the particular position that needs to be filled in, outlining the importance it has for the operation of the business.

3. Application

The applicant will then proceed with applying for the nominated position.

In addition to a successful sponsorship and nomination, to be eligible to apply for the application, the interested skilled workers need to meet the following requirements:

• Work in a skilled occupation that’s been approved by the Australian Government on the Consolidated Sponsored Occupations List.
• Have skills, qualifications and relevant experience for the required position.
• Have proof of English language skills with an IELTS score of at least 5 across all four bands.
• When necessary, relevant licences and registration for certain occupations must be obtained.
• At the time of the decision, the applicant will have to be paid at least the minimum salary level that applies to the particular position.
• Health and character requirements need to also be met.

‘Genuine Position’ and Other Legislative Provisions

The changes which became effective after 1 July 2013 introduced the requirement that the nomination must be genuine and fit within the scope of the activities of the business. Effectively, the business must be able to employ the interested applicant because of genuine need and in line with the requirements of its operation.

The Permanent Residency Pathway

After the completion of 2 years of on-going employment with the approved sponsor and subject to compliance with the conditions of the 457 visa by you and your employer, you may be eligible to be sponsored by your employer for Permanent Residency via the Temporary Residence Transition stream of the Employer Nomination Scheme (subclass 186) or the Regional Sponsored Migration Scheme (subclass 187).

The benefit of obtaining permanent residence through this pathway is that, you can gain in with the occupation you were sponsored under, and are not required to undertake a skills assessment for your occupation.

Changing Employers

In the event a 457 visa holder wishes to change employer, there is no requirement to apply for a new visa, however a new nomination from the new employer will be required.

Next steps?

If you are interested in an assessment of your personal circumstances that might deem you eligible for a 457 application, get in touch with Ethos Migration to book your appointment.

Alternatively, if you are an employer looking at sponsoring someone under the subclass 457 visa get in touch with us to find out more.