FAQs

Minimum salary levels

Employers must pay at least the minimum salary level to primary subclass 457 visa holders in their employ. A higher salary must be paid where required under workplace law or where negotiated between the employer and visa holder.

The minimum salary level is a gross annual salary, based on a 38 hour week that cannot include bonuses, overtime and other items. The salary level changes from time to time in line with wage movements. Further information about how to calculate the minimum salary level component of the total salary package is in the Legislative Instrument.

The MSL that will apply for new sponsored workers (those granted visas from 1 August) is:

  • $77 850 where the English language exemption is claimed
  • $59 480 for Information and Communication Technology (ICT) workers
  • $43 440 for non-ICT workers
  • $53 530 for ICT workers under a regional concession
  • $39 100 for non-ICT workers under a regional concession

Regional employer concessions

If you are an employer in a regional area in Australia you may be eligible for concessions in meeting the minimum salary and skill level requirements for your nominated position.

Lower minimum skill and salary levels may apply for employers located in regional or low population growth areas in Australia.

  • When regional concessions apply

    Regional concessions apply to most areas in Australia. A complete list of eligible areas is available.

  • When regional concessions do not apply

    Regional concessions are not available to:

    • overseas businesses
    • businesses whose activities include recruitment or labour hire activities
    • apprentice/trainee positions
    • positions that have their own specific visas, such as religious workers
    • positions that, by law, can only be filled by Australian citizens or permanent residents, such as judges
    • positions for elementary clerical, sales and service workers or labourers
    • tour guides

    General occupations not specifically included under the ASCO classification system positions that will be located in the following areas of Australia:

    • Brisbane
    • The Gold Coast
    • Newcastle
    • Sydney
    • Wollongong
    • Melbourne
    • Perth
  • Regional Certifying Bodies

    A Regional Certifying Body must certify your nomination application for you to obtain a regional concession. The Regional Certifying Body ensures that 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
    • position is genuine, full-time and necessary to the operation of the business
    • position cannot reasonably be filled locally
    • wage or salary will meet, at least, the Minimum Salary Level that applies at the time that the nomination application is made
    • working conditions will be at least equal to those provided for under relevant Australian laws and awards.

    Contact your local Regional Certifying Body for details of documentation you must submit for certification of your nominated position

  • Position requirements

    A nominated position must:

    • be full-time
    • meet all relevant Australian laws and award conditions
    • meet the minimum skills level
    • meet the minimum salary level.

Employer Obligations

There are a number of obligations that employers must be willing and able to meet. The department must be satisfied that the employer is able to meet these sponsorship obligations for both the employee and their accompanying family members.

Employer Obligations
Must be responsible for costs
  • ensure that the cost of return travel for an employee (and accompanying family member) is met to return them to their home country
  • pay all medical or hospital expenses for an employee (and accompanying family member) for treatment in a public hospital (other than expenses that are met by health insurance or reciprocal health care arrangements)
  • this undertaking continues until all expenses are paid
  • repay the Australian Government for money it spends as a result of the employee’s stay in Australia
  • these costs may include those relating to locating and detaining the employee (and accompanying family member) if they become unlawful, removing them from Australia and processing any application that they make for a protection visa
  • this undertaking continues until all costs are paid.
Must comply with immigration laws
  • comply with responsibilities under Australian immigration laws
  • not employ a person who would be breaking Australian immigration laws by being employed
  • ensure that the employee is paid at least the minimum salary level that applies at the time the decision is made on their visa.
Must cooperate with the department
  • notify the department within 5 working days after a sponsored employee ceases to work for the sponsoring employer
  • notify the department of:
  • any change in circumstances that may affect the employer’s capacity to honour its sponsorship undertakings or
  • any change to the information that contributed to the employer’s ability to be approved as a sponsor or the approval of a nomination
  • cooperate with the department’s monitoring of the business or of any sponsored employees. This undertaking continues until the earlier of the following.
  • when the employee leaves Australia and their visa ceases, or when the employee is granted another substantive visa
  • when the sponsoring employer ceases to be an approved sponsor of the employee.
Must comply with the terms of the nomination
  • notify the department of any change in the employee’s work location (if the approval of the nomination is granted on the condition that the employee must be working in a particular location).
Must comply with workplace relations laws
  • comply with all relevant laws relating to workplace relations and any workplace agreements that have been put in place for the employee
  • ensure that the employee holds any licence, registration or membership that is mandatory for the performance of their work
  • make superannuation contributions required for employees while they are employed by the business
  • deduct tax instalments and make payments of tax for the employee while they are employed by the business.

Applying for this Visa

If the employer and employee are eligible willing and able to meet their obligations under the visa, they can commence the 3-step application process.

Step 1 - Employer Applies to be a Sponsor

The employer must complete an application to become a sponsor.

When you apply for sponsorship you can nominate the number of positions you want to sponsor over a maximum period of two (2) years. If you want to sponsor additional employees after the approved number of positions have been filled or the two (2) year period has expired; you must make a new sponsorship application.

  • Preparing your sponsorship application

    Information on costs, documents to attach to your application, and other information to help you prepare your application.

  • Temporary Business Long Stay - Standard Business Sponsorship (subclass 457)

    If you are a pre-qualified business sponsor you will not have to pay the nomination and sponsorship charge

    Charge Type Charge Amount
    Visa Application Charge $190
    Nomination Charge $55
    Sponsorship Charge $280
  • Sponsorship Application Checklist

    The following is a checklist of the information and documents the employer must provide.

    Requirements Information to provide
    Complete the application form. Either:

    • online or
    • use the following form.

    Form 1196 Sponsoring temporary overseas employees to Australia
    Lawfully and actively operating business. ASX code. or All of the following.

    • business registration certificate
    • ASIC Registration Certificate
    • company’s publicity material.

    Form 1196 Sponsoring temporary overseas employees to Australia
    Direct employer of the employee Details of how sponsoring an employee from overseas will either:

    • create or maintain employment
    • expand trade
    • develop links with international markets
    • improve competitiveness.
    Benefit to Australia Details of how sponsoring an employee from overseas will either:

    • create or maintain employment
    • expand trade
    • develop links with international markets
    • improve competitiveness.
    Advancing skills through technology or training. Details of how new or improved technology will be introduced, used or created by the business as a result of this sponsorship. or

    All of the following.

    • details of number of employees in the business with breakdown of how many Australians, apprentices/graduates/trainees and sponsored employees
    • details and evidence of training expenditure
    • training plan and/or strategy
    • other documents that support the application.
    Able to meet sponsorship undertakings. Note: This information will not be required if the business:

    All of the following.

    • details of number of employees in the business with breakdown of how many Australians, apprentices/graduates/trainees and sponsored employees
    • details and evidence of training expenditure
    • training plan and/or strategy
    • other documents that support the application.
    Able to meet sponsorship undertakings. Note:This information will not be required if the business:

    • operates in the Government Administration industry sector
    • is listed on the Australian Stock Exchange and an ASX Code has been provided
    • has more than 20 full-time employees, has satisfactorily sponsored 457 visa holders previously and is listed with Australian Securities and Investment Commission (ASIC) and an ABN and ACN/ARBN has been provided.

    The following will need to be provided if the requirements above cannot be met.

    ASX Code or Details of Business Registration and statement prepared by a chartered accountant or certified practicing account (CPA) which outlines the ability of the employer to meet its financial obligations under the sponsor’s undertakings

    The following documents may also be requested.

    • Bank Statements.
    • Balance Sheets.
    • Profit and Loss Statements.
    • Relevant extracts from your Business Plan including cash flow projections.
    • Contracts.
    • Lease agreements.
    • Statements concerning the source of any funds.
  • Certified documents

    Do not supply original documents with your application unless asked to do so. If an original document is required at any stage, the department will ask for it. Please note that police checks are the exception. You must provide original police checks.

    You should provide ‘certified copies’ of original documents. ‘Certified copies’ are copies authorised, or stamped as being true copies of originals, by a person or agency recognised by the law of the country in which you currently reside. All departmental offices outside Australia have the facility to certify or witness documents and statutory declarations if necessary; this service may attract a charge.

    In Australia, statutory declarations must be witnessed by a person prescribed by the Statutory Declarations Act 1959 and Regulations. These people include, but are not limited to, those who are a: Justice of the Peace, medical practitioner, legal practitioner, dentist, nurse, police officer, pharmacist.

    A full list of people authorised to witness statutory declarations can be found in the Statutory Declarations Regulations 1993 which are available from the Attorney-General’s Department.

  • Translating documents into English

    Documents in languages other than English, that you provide with your application must also be accompanied by an accurate English translation of each of those documents.

    If you are applying for a visa outside Australia and you are having documents translated outside Australia, it is recommended that you use a translator who is professionally qualified.

    If you are applying for a visa in Australia and you are having documents translated in Australia, it is recommended that you use a translator who has been accredited by the National Accreditation Authority for Translations and Interpreters (NAATI). Further information on NAATI is available from their website.

  • Communicating electronically with the department

    The department may use a range of means to communicate with you. Electronic means such as fax or email will only be used if you indicate your agreement to receiving communication in this way.

    To process your application the department may need to communicate with you about sensitive information, for example health, police checks, financial viability and personal relationships. Electronic communications unless adequately encrypted are not secure and may be viewed by others or interfered with. If you agree with the department communicating with you by electronic means the details you provide will only be used by the department for the purpose for which you have provided them, unless there is a legal obligation or necessity to use them for another purpose, or you have consented to use for another purpose. They will not be added to any mailing list.

    The Commonwealth Government accepts no responsibility for the security or integrity of any information sent to the department over the internet or by other electronic means.

    If you authorise another person to receive documents on your behalf and they wish to be contacted electronically, their signature is required on the form to indicate their consent to this form of communication. If you choose not to communicate with the department electronically and would prefer to receive communication by way of post, then your application may take longer to finalise.

    If you have nominated a migration agent or a third person to receive communications on your behalf, the department will communicate with them. If your agent or nominated person does not consent to receive communications electronically from the department, all written communications will be sent to their postal address.

  • Using a migration agent

    You are not required to use a Migration Agent. If you want to use a Migration Agent you must read the information for clients using a Migration Agent.

  • What services can migration agents provide?

    A migration agent can:

    • advise you on the visa that may best suit you
    • tell you the documents you will need to submit with your application
    • help you fill out the application form
    • submit the application for you
    • communicate with the department on your behalf
    • From 1 October 2006 registered migration agents, in Australia and outside Australia, may certify copies of original documents that relate to visa applications, provided that their registration is not currently suspended and they are not subject to a caution that is in effect.

    You do not need to use a migration agent to lodge any kind of visa application or asylum claim. Your application will not be decided any sooner if you use a migration agent and they cannot influence the outcome of your application.

    However, if you do not feel confident in lodging an application, or if your case is complex, you may wish to use a migration agent to help you.

  • Using a migration agent in Australia

    In Australia, migration agents must be registered with the Migration Agents Registration Authority (MARA) in order to provide immigration assistance services.

  • Using a migration agent outside Australia

    When searching for a migration agent in your country, you should:

    • consider using an agent in your country who is registered with the Migration Agents Registration Authority (MARA) in Australia, if availableand
    • make sure that the agent that you use meets any local laws or registration requirements in your country.
  • Assistance in completing applications

    You may receive assistance completing applications. If you choose to receive assistance completing this application, be aware that section 98 of the Migration Act 1958 provides that where an application is completed by someone on behalf of the applicant, then the applicant is taken to have completed the application him/herself; and is responsible for any information provided in the application.

  • After lodging your application

    Information on processing of applications including processing times, decisions on applications and change of circumstances.

Step 2 - Employer Nominates a Position

The employer must nominate the position to be filled.

The purpose of the nomination process is to identify the:

  • position to be filled
  • skills and experience required for the position.

To lodge a nomination the employer must have either:

  • already lodged a sponsorship application
  • had a previous sponsorship approved
  • applied for sponsorship on the same form and at the same time as the nomination application.
  • Nomination Application Checklist

    The following is a checklist of the information the employer will need to complete this process.

    Requirements Information to Provide …
    Complete the application form. Either:

    • online or
    • use the following form.

    Form 1196 Sponsoring temporary overseas employees to Australia
    Employer is an approved business sponsor or is applying to become a sponsor.
    • Sponsorship Approval Number. or
    • Sponsorship and Nomination applications lodged together at the same time.
    Meets minimum skills threshold.
    • Job title and position as written in agreement.
    • ASCO code (if known).
    Details of the position including responsibilities, duties, qualifications, skills and experience required.
    Registration or licensing (if required).
    Meets minimum salary level Details of remuneration package (including base salary).
    Position must be full-time and comply with Australian workplace laws. Weekly work hours and period of employment.
    Sponsorship undertakings. Details of the employee to fill position (if known - including details of any accompanying family members, dates of birth and current address and contact details).

Step 3 - Employee Applies for a Visa

The employee must apply for a visa to be allowed to work in Australia.

Completing your Nomination Application

  • Order of lodgement

    The sponsorship, nomination and visa application can be lodged at the same time or separately.

    Note:

    • the visa application cannot be lodged before the sponsorship or nomination and
    • the nomination cannot be lodged before the sponsorship.
  • Regional employers

    Regional employers seeking a concession to the minimum skill and salary levels must have their nomination certified by a Regional Certifying Body in their local area before it can be approved by the department.

    The nomination application form must be lodged with the relevant Regional Certifying Body. They may request that more information be supplied along with the nomination form.

    If the Regional Certifying Body is satisfied that the position meets their requirements, it will certify the nomination by stamping and signing at the relevant point on the nomination application form. Regional Certifying Bodies may charge a fee for certification.

    The nomination form should be forwarded to the department after it has been certified by the relevant certifying body

  • Temporary Business Long Stay sponsorship, nomination and visa applications

    Temporary Business (long stay) visa processing times are currently:

    • 1 month for ETA nationals (www.eta.immi.gov.au/ETAAus1En.html) and
    • 2 months for non-ETA nationals onshore and offshore.

    These times are applicable to complete applications and where the sponsorship, nomination and visa applications are lodged together at the same time.

    What happens after I have made an application?

    Most applications will be processed electronically, with notification being sent to you of the outcome of your application. The notification will be either by post or email, depending on which you nominate in your application.

Migration Program Statistics

The following table contains Migration Program Outcomes for 2004-05 to 2007-08 and Planning Levels for 2008-09.

Category 2004-05 Outcome 2005-06 Outcome 2006-07 Outcome 2007-08 Outcome 2008-09 Planning Levels
Partner1
 33 060 36 370 40 440 39 930 42 500
Child2
 2 490 2 550 3 010 3 060 3 000
Preferential/Other Family3
 1690 1870 2140 2380 2500
Parent4
 4500 4500 4500 4500 8500
Total Family
 41 740 45 290 50 080 49 870 56 500
Employer Sponsored5
 13 020 15 230 16 590 23 760 28 000
Skilled Independent
 41 180 49 860 54 180 55 890 74 630
State/Territory Sponsored6
 4140 8020 6930 7530 9350
Skilled Australian Sponsored7
 14 530 19 060 14 170 14 580 14 330
Distinguished Talent
 190 100 230 210 200
Business Skills8
 4820 5060 5840 6570 7000
Total Skill
 77 880 97 340 97 920 108 540 133 500
Skill as percent of total program
 64.9 68.1 66.1 68.4 70.2
Total Special Eligibility
 450 310 200 220 300
Total Program
 120 060 142 930 148 200 158 630 190 300

© http://www.immi.gov.au/skilled/skilled-workers/sbs/index.htm

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