sponsored visa to australiaSUBCLASS 457 – Employer Sponsored Visas allows you to:
  • work in Australia for up to four years
  • bring your family to work or study in Australia
  • travel in and out of Australia as ​often as you want.

This is a sponsored visa. Before you can apply for the visa, your employer must:

  • become an approved sponsor
  • nominate you for a position.

You can apply for this visa at the same time your employer lodges their applications to sponsor and nominate you.

High risk and low risk: Occupation and Businesses

The Department of Immigration introduced a new “Genuine Position” requirement for 457 nominations in July 2013. Using their discretion under this new requirement, Immigration has targeted certain occupations and industries – requiring a higher level of documentation than is usually the case. This includes the following situations:
Cafes and Restaurants:
Whilst it is possible to nominate workers for 457 visas in the occupation of cook, chef and cafe/restaurant manager, the Department of Immigration tends to have a higher level of scrutiny in these cases. In particular, Immigration often asks for evidence that the position is genuine and that the applicant is appropriately skilled. In the case of fast food restaurants, it is generally not possible to sponsor applicants for 457 visas.
Start-up Businesses:
In the case of a business which has been operating for less than 12 months, additional information will generally be requested to establish the business operations and that the position is genuine. Approvals for recently established businesses will generally be for 12 months rather than the usual 4 years for 457 visas.
Family Businesses:
If a family member is being sponsored, Immigration will general request evidence that the position is genuine and not created purely for the purpose of securing entry for a family member.
Whilst the 457 visa is simple in concept, the legislation behind it is actually quite complex. There are potential pitfalls that are not widely understood and that many applicants may not be aware of.If you would like advice on how to sponsor an employee on a visa, please contact us to make a booking for a consultation with our Registered Migration Agent.
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