457 Visa FAQ
Temporary Business (Long Stay) Visa Subclass 457 is the name for what is commonly known as a 457 Visa.
This visa is for overseas workers who have been offered employment by employers with positions in Australia, which they are unable to fill from the local labour market. The overseas worker must have a skilled occupation which is nominated on an occupation list by the Minister for Immigration & Citizenship. This list is reviewed regularly and the occupations can change from time to time. The period of the 457 visa is from one day up to 4 years.
How long does it take for a 457 Visa to be issued ?
There is no clear answer to this question as it can take a significant period to prepare the documents to support a visa application, depending on the occupation of the overseas worker and health and character issues personal to the individual. Additionally, the visa application must be lodged at the same time as or after the sponsorship (employer approval application) and nomination (role approval) applications.
Once the visa application is lodged with the Department of Immigration & Citizenship, it is subject to DIAC’s current processing times. DIAC reviews its processing estimates regularly, based on visa application caseloads. Presently, complete applications are processed on average in under three months, although cases can be assessed in as little as a week in some instances. Incomplete applications may take a significant time to be processed as the Case Officer may need to communicate with you on numerous occasions to obtain all the relevant information. If you fail to provide further requested information within the specified time frame, your application will be refused without consideration of the merits of your case.
Lodging a complete application is the best start you can make.
What is the minimum wage on a 457 visa?
Employers generally need to pay 457 visa holders above the Temporary Skilled Migration Income Threshold (TSMIT). TSMIT is currently set at $49,330. It is reviewed on 1 July each year. TSMIT is not to be confused with the requirement for employers to pay 457 visa holders terms and conditions of employment equivalent to those that an Australian worker would be paid in the same role in the same location. Employers are required to show at time of application that the 457 visa holder will be paid at market rates.
Can an employee change employers if they are on a 457 visa?
Yes, provided the new employer is already approved as a sponsor under the 457 program. DIAC must approve the position (role) with the new sponsor. The new sponsor must agree to meet sponsorship obligations for the 457 visa holder and any accompanying family members.
What are the employers obligations when are staff are employed on a 457 visa?
There are a number of employer obligations for approved sponsors. These are outlined in our employer guide. (Click the yellow note below)
See also: Mackey Lawyers 457 visa processing times
