Temporary 457 Work Visa (previously called Temporary Business Visa) is an employer sponsored visa that allows overseas workers to work in Australia for a maximum of four years. The subclass 457 visa is probably the most common visa in Australia, other than the visitor or student visa.
Don’t worry, after your four years are up you can renew your 457 visa for another four years but, to be honest, at that point you should probably consider applying for your Permanent Residence (PR) Visa. Most expats living in Sydney usually start out on a 457 visa then apply for a PR visa after a couple of years.
With a 457 visa eligible dependants, spouse or de facto partners are able to work and study in Australia without worry about their visa status.
For example, I am the secondary on my husband’s 457 visa. As the secondary I am able to work anywhere that will have me, switch jobs whenever I want or go back to school without worrying about my visa status. On the other hand, my husband’s visa status is dependent (as is mine as I won’t be allowed to stay in Australia without him) on him working at a specific position with the company that has sponsored his visa.
Ok, cool. So how do you get a 457 visa?
This is how it worked for us and I reckon it will be similar for you.
My husband was contacted by an IT recruiter that was looking to fill a position in Sydney. After several emails back and forth with the recruiter, discussing the position and asking about other positions she might have available plus comparing salary options, not to mention deciding if we even wanted to move abroad which now seems like such a silly question, he finally said yes that he was interested in the position in Sydney.
From there she got in touch with the hiring company and set up an interview. He had a couple of interviews actually, now that I think about it. That makes sense though, right? Since they were moving us all the way out to Sydney they wanted to make sure he was a good fit for the company and he equally wanted to be certain that it would be a good career decision even regardless of the location. In the end all things went well and the position in Sydney was offered and accepted. That’s when all the fun began.
Want to get in touch with a recruiter in Sydney? I have an article on finding a job in Sydney with a list of recruiters at the bottom. Check it out.There are basically three stages to getting your 457 visa, with you stepping in really at the last stage. The first is up to the employer and getting approval to sponsor overseas workers. The second is then nomination of the position the company needs to fill. Then the last stage is the overseas employee (you) applying for their 457 visa.
Don’t worry. Most companies have a migration agent or a staff person who is very familiar with the process and will walk you through it. Even so there are a few things you need to be aware of.
Character requirements for your 457 visa application
To be granted an Australian work visa you need to be of “good character”. By this they basically mean not a criminal but unfortunately they won’t take your word for it. To prove you are of good character you need to provide police certificates (yeah, as in a “rap” sheet) for each country that you have lived in for 12 months or more over the last 10 years since turning 16.
Here is a link to a pdf on how to obtain your police records. http://www.immi.gov.au/allforms/character-requirements/character-penal.pdf
If you’re from the states you will need your FBI Identification Card. http://www.fbi.gov/about-us/cjis/background-checks/background_checks
Do this today or at least as soon as you possible can!! It takes forever and can hold up your visa application process.
You will need to get fingerprints done. Be sure to use the FBI fingerprint form. We went down to our local police station, with our finger print form, and had it done there. If by chance you are from Seattle then here is a link for finger printing: http://www.seattle.gov/police/contact/publicrequestunit.htm#fingerprinted
Health Requirements for temporary entry into Australia
Here is the link to the pdf from the Australian Immigration website: http://www.immi.gov.au/allforms/pdf/1163i.pdf
You will also have to get a medical examination and chest x-ray for the health requirement for your visa. The examination and chest x-ray are to make sure you don’t have any contagious cooties like Tuberculosis (TB). To meet this requirement you will need to go to one of the immigration panel doctors. Here is a list of doctors outside of Australia: http://www.immi.gov.au/contacts/panel-doctors/
Having private health insurance while you are living in Australia is a requirement for a 457 visa. Here is a link to our section on health insurance for expats.
Spouse and de facto partner
To prove that you are the spouse of the primary applicate is a whole lot easier than proving de facto partnership. All it takes is a marriage certificate. To prove a de facto relationship it’s a bit more involved.
Acceptable evidence of a de facto relationship may include, but is not limited to:
- evidence of co-habitation
- joint bank account statements
- joint ownership of property
- billing accounts in joint names
I have a couple of friends that moved to Australia and were not able to prove that they were de facto. The work around that they came up with was the person who was not on the visa got a tourist visa, or maybe it was a holiday working visa, then when in Australia they started working towards proving their de facto relationship.
For example, they opened up a joint bank account, had both their names on their new lease and utility bills. Then they just added the secondary applicant or de facto partner on to the visa application at a later date. In fact, I think the employer sponsoring did most of the paperwork for them.
How long will it take to get your 457 visa approval?
If you send in all your documents at the same time as your visa application DIAC usual turn around is 90 days. We sent in all of our documents except for our FBI records because it was just taking too long which added on time for our visa application approval but really not much. We did end up on a plane on our way to Sydney without our 457 visa approval.
Instead we had a Bridging Visa that allowed us to enter Australia lawfully while our 457 visa status was being determined. So don’t panic if things get down to the wire, the Bridging Visa is your friend.
There is a great group on LinkedIn for 457 Visa Holders. Several migration agents are part of the group and they answer questions on a regular basis. It’s a fast and easy way to get all your questions answered. I highly recommend joining it.
Changes to the 457 visa requirements effective July 1st 2013.
- Employers are now limited to the number of employees they can sponsor on a 457 Visa.
- 457 visa holders now have 90 days to find new sponsorship. Increased from 28.
- The market salary assessment exemption threshold has been increased to $250 000.
- All new company sponsorship applications will now have to stipulate how many places they want to be able to nominate in the life of the sponsorship agreement.
- An English language exemption for certain occupations has now gone. Everyone will have to prove English language ability (e.g. IELTS exam) if they are not a UK, USA, Ireland, Canada or NZ passport holder. If you have five continuous years secondary schooling or higher in English that will satisfy the requirement.
- Skills assessments required for 457 visas now for project and program administrators and specialist managers not elsewhere classified.
- Start-up businesses that have been trading less than 6 months will only be granted an initial 12 month sponsorship agreement and ant connected 457 visas will also only be granted for 12 months.
These changes do not affect those who already have their 457 visa.