457 employer sponsored visa How to Employ Overseas Workers
Are you looking at employing overseas workers for your business? If so, you may want to
consider sponsoring a worker under the subclass 457 visa. This kind of visa is called a Temporary
Work (Skilled) visa, and is used to quickly engage overseas workers in certain occupations
for up to four years. Before you apply you must be approved by the
Department of Immigration as a standard business sponsor. This allows businesses who are having
trouble finding local skilled workers to employ foreign workers who have recognised qualifications
or skills in particular occupations. How do I become a business sponsor?
Before you can employ someone on a 457 visa you must obtain approval as a sponsor by applying
to be a standard business sponsor. This requires that you:
be lawfully operating a business meet training requirements
have no adverse findings against your business, and
can demonstrate a commitment to employing local labour.
You may only make one application for each business. If your business has been operating
in Australia for under 12 months, you will only be approved as a standard business sponsor
for a period of 18 months. Otherwise, the approval period is generally five years.
If your business operates in a country other than Australia, you may still make an application
to become a standard business sponsor, but only if the person you wish to employ is engaged to
establish, or assist you to establish,
your business in Australia, or enable you to fulfil a contractual obligation
you have made with a party in Australia, such as an agreement to undertake a joint venture.
What are the approved occupations? To be eligible to have overseas workers on
a 457 visa, they must be skilled in an approved occupation. There are a range of approved
occupations covering industries such as: teaching
health construction
engineering accounting, and
manufacturing. You must ensure the worker you want to sponsor
is skilled in an eligible occupation. If the occupation relevant to your business does
not appear on the list of eligible occupations, you may nominate it in your application as
a new category. What happens once I find an overseas worker?
Once you have found an overseas worker that you want to employ, there are three steps
to the sponsoring process. First, you must make an application, and pay
the relevant fee, for approval for your business to be recognised as a standard business sponsor.
Second, you must nominate the eligible occupation for your prospective visa holder.
Third, the overseas worker you wish to employ must lodge an application for a subclass 457
visa. More information about making an application
can be found in the booklet ‘Temporary Work (Skilled) (Subclass 457) visa’ issued by
the Department of Immigration. Can the overseas worker bring their family?
An overseas worker can apply for their partner, children and any dependant relatives to be
included in their visa application. These family members must meet the same requirements
as the person applying for the visa in regard to health, character, financial support and
health insurance. You, as the business sponsor, must agree to
include them as secondary sponsored persons. You can do this by including them in the nomination
application, or in a letter attached to their visa application.
What happens if I don’t meet a sponsorship obligation?
If you fail to meet one of your obligations as a standard business sponsor, depending
on the terms of your sponsorship, you may be:
barred from sponsoring, or making another application to sponsor, other overseas employees
required to rectify your breach ordered to pay a civil penalty of up to
$51,000 for a business or $10,200 for an individual for each failure
pay a fine for infringement of up to $10,200 for a business, or $2,040 for an individual.
What to do next If you are wanting to employ a skilled overseas
worker, or your application regarding a subclass 457 visa has been rejected, it is important
to obtain legal advice. Go To Court Lawyers operate a Legal Hotline
on 1300 636 846 where you can talk directly to a lawyer from 24 hours, 7 days a
week. Your call will be treated with the strictest confidentiality and without judgement.
The lawyer will assess your matter and recommend a course of action.
