Australian employers can sponsor overseas based skilled workers to come to Australia for a fixed period of time to fill skilled vacancies using what is commonly termed a 457 Visa. Following is an explanation of the scheme and its requirements.
How the scheme works
The Section 457 Visa scheme is also referred to as Temporary Business Long Stay – Standard Business Sponsorship (subclass 457).
The skilled worker that is being sponsored needs to have skills that are in demand in Australia as listed in the Skilled Occupation List (SOL), the Sydney and Selected Areas Skilled Shortage List (SSASSL) and Employer Nomination Scheme Occupation List (ENSOL).
For the printing industry there are a number of occupations currently listed on the Skilled Occupation List. These comprise:
- Binder and finisher
- Graphic Pre-Press Trades person
- Printing machinist
- Screen printer
- Small offset printer.
The occupations above appear in both SOL and ENSOL. There are a number of assessing authorities that are responsible for undertaking skilled assessments for migration purposes.
For the printing trades the assessing authority is currently Trades Recognition Australia. Their telephone number is: (02) 6121 7456. Members can also seek information from Printing Industries on (02) 8789 7300.
There are also special arrangements for employers in regional areas across Australia.
What the Visa costs you
If you are a pre-qualified business sponsor you will not have to pay the nomination and sponsorship charge.
| Charge Type | Charge Amount |
| Visa Application Charge | $185 |
| Nomination Charge | $55 |
| Sponsorship Charge | $270 |
What you can do with the Visa
With this visa you can employ overseas workers for a period of between three (3) months and four (4) years.
Visa holders are also allowed to:
- bring any eligible secondary applicants with them to Australia (secondary applicants can work and study)
- after entering Australia, have no limit on the number of times they travel in and out of Australia.
For this visa you will need to be approved as an eligible employer. You will also need:
- an eligible nominated position
- an eligible employee.
The process for obtaining a Temporary Business (Long Stay) visa is summarised in the table below.
| Who | Responsibility |
| Employer |
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Regional employer concessions
If you are an employer in a regional area in Australia you may be eligible for concessions in meeting the minimum salary and skill level requirements for your nominated position.
Validity periods
The validity period of the sponsorship is two years; nomination period is 12 months and Visas can be for periods between three months and four years.
Renewing a visa
If you have an employee who wants to renew their visa or change employers, the employee must lodge a new visa application. The new employer must also lodge a new sponsorship and/or nomination if valid sponsorship or nomination does not already exist.
An employer needs to be approved as a sponsor in order to employ skilled workers from overseas. The following 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.
Example: A business that exists on paper only (for example a shelf company) is not acceptable.
New businesses or business proposals may be considered if there is clear evidence of intention to establish the business.
Direct employer of the employee
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 instalments
- superannuation
- conditions of employment
- day-to-day supervision of the employee.
For groups of related companies, the direct employer can be related to the approved sponsor. For example, the head company of a corporate group of companies in Australia may be approved as a sponsor while a subsidiary company is the direct employer.
Good business record and abide by immigration laws
To meet this requirement:
- 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.
Benefit to Australia
The employment of skilled workers from overseas must benefit Australia. For example, the arrangement could:
- 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.
Advance skills of existing workforce
The employer must also demonstrate that their Australian business operations will meet one of the following requirements:
- 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.
Overseas business sponsors
If you are an employer with a business that has no formal operating base or representation in Australia, you may apply to bring employees to Australia to do one of the following:
- establish a branch or other business activity such as joint ventures, agency distributorshipscosts ensure or subsidiary branches in Australia
- fulfil obligations for a contract or other business activity in Australia.
Note: Overseas Business Sponsors do not need to be operating in Australia but must meet all other employer eligibility requirements.
Regional employer concessions
If you are an employer in a regional area in Australia you may be eligible for concessions in meeting the minimum salary and skill level requirements for your nominated position.
Employer Obligations
There are a number of obligations that employers must be willing and able to meet. These obligations apply to applications lodged on or after 1 July 2004.
The department must be satisfied that the employer is able to meet these sponsorship obligations for both the employee and their accompanying family members.
| Employer | Obligations |
| Must be responsible for costs |
This undertaking continues until all expenses are paid
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 that they make for a protection visa. This undertaking continues until all costs are paid. |
| Must comply with immigration laws |
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| Must co-operate with the department |
|
| Must comply with the terms of the nomination |
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| Must comply with workplace relations laws |
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Results of non-compliance
Penalties may be sanctioned if the business does not comply with these obligations. If the employer and employee are eligible willing and able to meet their obligations under the visa, they can commence the three-step application process.
Step 1 - Employer Applies to be a Sponsor
The employer must complete an application to become a sponsor.
Step 2 - Employer Nominates a Position
The employer must nominate the position to be filled.
Step 3 - Employee Applies for a Visa
The employee must apply for a visa to be allowed to work in Australia.
For further information contact Trades Recognition Australia on (02) 6121 7456 or call Printing Industries on (02) 8789 7300.
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Submission on temporary business visas (pdf - 61.8 kb)
Submission to the Joint Standing Committee on Migration Inquiry into eligibility requirements and monitoring, enforcement and reporting arrangements for temporary business visas |
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