We assist employers nominate employees for temporary and permanent residence visas. Call us to discuss how we can help you.

To nominate someone for temporary residence, employers must first be approved by the Department of Immigration.

To nominate someone for permanent residence, employers must lodge a "nomination" for approval by the Department of Immigration. Our practice can assist withapplications under the employer nomination scheme and the regional sponsored Migration Scheme.

Here is some general information about what employers need address in getting sponsorship and nomination approval.

Note: The 457 Visa Program which extends to sponsorship, nomination and 457 visa grants and extensions/transfers was significantly revised most recently on Spetember 14, 2009.

Employer Eligibility under the 457 visa program - Getting Standard Business Sponsorship (SBS) Approval

An employer needs to be approved as a sponsor in order to employ skilled workers from overseas. Among other things, the following basic requirements must be met for an employer to become a sponsor.

Lawfully and actively operating business

The employer must be lawfully operating a business that is actually and actively engaged in business activities.

Direct employer of the employee

With certain exemptions, the sponsor must be the direct employer of the employee. The direct employer is usually responsible for such things as:

• payment of salaries
• PAYG tax installments
• superannuation
• conditions of employment
• day-to-day supervision of the employee.

• there must be nothing adverse known about the business
• if the employer has previously sponsored employees to Australia, they must have a satisfactory record of complying with immigration laws
• the activities of the business must not be illegal in Australia.

• provide employment for Australian citizens or Australian permanent residents
• expand Australian trade in goods or services
• improve business links with international markets
• improve competitiveness within the sectors of the Australian economy

• introduce, use or create new business skills
• introduce, use or create new or improved technology
• have a satisfactory record of, or a demonstrated commitment towards training Australian citizens and Australian permanent residents.

• establish a branch or other business activity such as joint ventures, agency distributorships or subsidiary branches in Australia
• fulfill obligations for a contract or other business activity in Australia.

• be sponsored by an employer to fill a nominated position
• have skills, qualifications, experience and an employment background which match those required for the position
• be eligible for any relevant licenses or registration required for the nominated position
• demonstrate that you are to be paid at least the minimum salary level that applies at the time a decision is made on your visa, as well as that you are paid a market salary, that is, the 457 employee is paid at market rates, being rates which a comparable to that being paid to other Australian employees carried our the same duties.

• have been approved as a business sponsor
  or
• have already lodged an application to become an approved business sponsor
  or
• lodge an application to become a 457 business sponsor at the same time that they lodge the 457 nomination application.

• be full-time
• meet all relevant Australian laws and award conditions
• meet the minimum skills level
• meet the market salary level

• ensure that the cost of return travel for a 457 employee (and accompanying family member) is met to return them to their home country
• repay the Australian Government for money it spends as a result of the 457 employee's stay in Australia - these costs may include those relating to locating and detaining the 457 employee (and accompanying family member) if they become unlawful, removing them from Australia and processing any application that they make for a protection visa - this undertaking also continues until all costs are paid.

• comply with responsibilities under Australian immigration laws
• not employ a person who would be breaking Australian immigration laws by being employed
• ensure that the 457 employee is paid at least the minimum 457 salary level that applies at the time the decision is made on their visa.

• notify DIAC within 5 working days after a sponsored 457 employee ceases to work for the sponsoring employer
• notify DIAC of:
  • any change in circumstances that may affect the 457 employer's capacity to honour its sponsorship undertakings
  
  or
  • any change to the information that contributed to the 457 employer's ability to be approved as a 457 sponsor or the approval of a 457 nomination
• cooperate with the DIAC's monitoring of the business or of any sponsored employees. This undertaking continues until the earlier of the following.
  • o when the 457 employee leaves Australia and their visa ceases, or when the 457 employee is granted another substantive visa
  • o when the sponsoring 457 employer ceases to be an approved sponsor of the 457 employee.

• notify DIAC 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).

• comply with all relevant laws relating to workplace relations and any workplace agreements that have been put in place for the 457 employee
• ensure that the 457 employee holds any license, 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 installments and make payments of tax for the 457 employee while they are employed by the business.

• find another 457 employer who is willing to sponsor them and apply for another nomination;
  or
• apply for another type of substantive visa;
  or
• leave Australia within 28 days.

• stop working for the employer who sponsored them (that is, become unemployed or change employer)
• work in a different position other than the position that was nominated in the visa application
• work for another person or for themselves while working for the 457 sponsor.

In limited circumstances, 457 visa holders can have more than one employer. Please get advice on this beforehand!

If an 457 employee wishes to change employer, at the very least, a new 457 nomination application will be required.

3-step application process

Step 1 - 457 Employer Applies to be a Sponsor

The 457 employer must complete an application to become a sponsor.

Step 2 - 457 Employer Nominates a Position

The 457 employer must nominate the position to be filled and proposed visa applicant.

Step 3 - Employee Applies for a Visa

The 457 employee must apply for a visa to be allowed to work in Australia.
Note: A slightly different process applies when changing employers. If the Employer is approved as a Business Sponsor, then a new nomination is required to be filed, though a new 457 visa application may not be necessary, as was mandatory before the 457 visa program changes that came into effect on September 14, 2009.

457 Visa Offences

It is an offence under the Migration Act 1958 for a person to knowingly or recklessly allow an illegal worker to work or refer an illegal worker for work with another business.