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- What is 457?
- Documentation checklist (What do I need to do?)
- Whats next?
The 457 subclass allows employers to sponsor (employ) skilled, overseas workers for periods ranging from three months to four years. Minimum salary levels apply and sponsored workers must demonstrate sufficient skills to fill the position and at least have functional English speaking skill. The person you nominate can be of any age but should have qualifications equivalent to Australian diploma level qualifications (including trade qualifications) for the position unless seeking skills concessions i.e. ASCO 5-7.
As background checks for this visa are streamlined, processing by the Department of Immigration and Citizenship may be faster than the RSMS visa or skilled independent migration visas.
Employers sponsoring skilled workers under the 457 visa program must cooperate with the Department of Immigration and Citizenship and take responsibility for paying costs such as medical expenses for the sponsored person (or family members) or the costs of return travel (if the sponsored worker cannot meet the conditions).
The 457 visa is a temporary visa and 457 visa holders cannot access Medicare however, as of 1 August 2008, 457 visa holders can access free public education (Years 1 – 12) in Tasmania. For more information on accessing free public education, please contact John Palmer on 03 6233 7852
Before you commence the sponsorship process you should download and read the Department of Immigration and Citizenship’s Booklet 11 – Sponsoring A Temporary Overseas Employee to Australia
IMPORTANT: Not all 457 visa applications have to be certified by the RCB. Only employers seeking to access the following regional concessions need to contact the RCB (In Tasmania, it is the Department of Economic Development and Tourism). These include:
- Skills concessions – i.e. occupations falling under ASCO 5 – 7; or
- Salary concessions – i.e. the regional minimum salary level (MSL) required by the Department of Immigration and Citizenship:
- Salaries being paid in-between $39 100/annum and $43 400/annum for non ICT occupations
- Salaries being paid in-between $53 530/annum and $59 490/annum for ICT professionals.
Please note: 457 visa holders cannot be paid less than the MSL. More information on regional concessions is available at the Department of Immigration and Citizenship's website.
Steps to follow when applying for 457 with regional concession:
For employers seeking to access regional concessions the 457 Visa process consists of four (4) distinct stages:
1. The Employer applies to the Department of Immigration and Citizenship for approval as a standard business sponsor.
(NB: some employers are already approved business sponsors. If not, please apply online : http://www.immi.gov.au/skilled/skilled-workers/sbs/step-1.htm)
2. Certification of the nomination/vacancy by the Regional Certifying Body (Department of Economic Development and Tourism);
(NB: Please apply online : http://www.immi.gov.au/skilled/skilled-workers/sbs/step-2.htm)
3. Assessment of the nomination by the Department of Immigration and Citizenship; and
4. Prospective employee applies for a 457 visa.
Certification of the nomination by the Regional Certifying Body:
The employer lodges a nomination for a vacancy with Department of Economic Development and Tourism.
The employer must satisfy all the requirements as outlined in the employer checklist (see below) demonstrating that:
1. The business is operating and the nominated position is located in a regional area within the RCB’s jurisdiction (i.e. anywhere in Tasmania) and is not a recruitment or labour hire company.
2. The tasks of the nominated position correspond to the tasks of an occupation in the Australian Standard Classification of Occupations (ASCO) major groups 1 to 7 (excluding apprentices, trainees, tour guides, ministers of religion or occupations that for legal reasons can only be filled by an Australian citizen or permanent resident).
3. The position is genuine, full-time (usually 38 hours/week) and necessary to the operation of the business.
4. The position cannot reasonably be filled locally.
5. The working conditions and salary will be at least equal to those provided for under relevant Australian laws and awards.
Once Economic Development and Tourism is satisfied that all the criteria have been met, the application is certified and returned to the employer for lodgement with the Department of Immigration and Citizenship.
Documentation required – Employer Checklist
 Covering Letter
A covering letter with a brief description of the type of business, how the position will support the business, why the position cannot be filled from the local labour market and why your business is seeking regional concessions (skill/salary - see below).
DIAC’s Form 1196
This form is available at the Department of Immigration and Citizenship's website and should be completed and lodged electronically (to ensure speedy processing). Ensure each applicable question on the form is completed and the form is signed. This must include completion of the Australian Standard Classification of Occupations (ASCO) code. For information about these occupational codes refer to the Australian Bureau of Statistics website. If you are unsure about the ASCO code, please contact the Department of Economic Development and Tourism.
The RCB certifies Part B of Form 1196
Employment Contract including Position Description and Primary Duties
Provide a detailed job description that includes the qualifications, skills, and experience required, and the duties of the job. DIAC’s minimum salary level applies to 457 Visa applications. The job must be skilled or at least semi-skilled. Please note that there are some occupations which are not eligible under this visa program. If you have questions please contact the Department of Economic Development and Tourism.
Evidence the position cannot be filled from the local labour market
- Please see the following lists. If the occupation is on at least one of the lists, you do not have to submit any evidence of skills shortage/demand.
- If the occupation is not on either of the lists above, please submit:
- a supporting letter, report or study from an independent industry body to verify the occupation is in demand/shortage or that recruitment difficulties are being experienced in your industry; or
- an explanation (in the covering letter) why you are not able to find an Australian citizen or resident able to fill the position. Let the Department of Economic Development and Tourism know:
- if the position is unusual/highly specialised such that suitable local candidates are unlikely; or
- whether or not you have advertised the position locally and, if so, where and when? How many responses did you get? Were any candidates suitable?
Curriculum Vitae
If you have already found a skilled worker you would like to sponsor, please include a CV that outlines the qualifications, skills, employment experience and referees of the nominee. This should demonstrate that the person is able to perform the duties of the skilled job.
What's next?
The RCB panel meets regularly in the second week every month with applications due on the first Friday of the month. Applications are assessed against the criteria specified on form 1196. If further information is required you will be contacted.
Once the panel is satisfied that all criteria have been met the application will be certified and returned to you for lodgement with the Department of Immigration and Citizenship (within six months) for assessment against the relevant immigration requirements. The Department of Immigration and Citizenship will contact you directly with the outcome of your application and instructions about what to do next.
Once the nomination is approved by the Department of Immigration and Citizenship, the nominee must lodge the visa application within six months of receiving that approval.
Applications should be lodged electronically (with scanned documents) or faxed on the first Friday of each month to:
Business and Skilled Migration Unit
Phone: + 61 3 6233 5748
Email: rsms@development.tas.gov.au
Phone: + 61 3 6233 5748
Fax: + 61 3 6233 5800
Department of Economic Development and Tourism
22 Elizabeth Street, Hobart TAS 7000
GPO Box 646 Hobart TAS 7001 Australia
For further information on what documents to provide, please visit the Department of Immigration and Citizenship's 457 checklist
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