Posted on February 26, 2015 | Updated December 1, 2015 |
Find out the requirements and obligations for applicants and sponsors in this popular temporary visa to Australia.
Extract from the Department of Immigration and Border Protection
Required Salary for Employer Sponsored Workers
From 1 July 2013 , the Temporary Skilled Migration Income Threshold (TSMIT), will be indexed by 4.8 per cent, in line with the Australia-wide increase in average weekly earnings. This will increase TSMIT from $51 400 to $53 900.
The increase to the TSMIT will apply to all nomination applications which are decided on or after 1 July 2013, regardless of lodgement date.
Standard business sponsors are required to pay their overseas workers the market salary rate. The increase to TSMIT means that where the market rate for a position is less than $53,900, the position cannot be nominated under the subclass 457 program.
The TSMIT is set at this level to ensure that all subclass 457 visa holders have sufficient income to independently provide for themselves in Australia.
The TSMIT helps ensure that subclass 457 visa holders do not impose undue costs on the Australian community or find themselves in circumstances which may put pressure on them to breach their visa conditions. This is particularly important given these workers do not have access to a range of government support available to Australian citizens and permanent residents.
In line with the increase to the Temporary Skilled Migration Income Threshold the high income exemption to the English Language Salary Exemption Threshold (also known as the 'high-income exemption') will also be indexed by 4.8 per cent. The ELSET will increase from $92 000 to $96 400 for all subclass 457 visa applications decided on or after 1 July 2013.
Sponsors must provide documents to prove the claims to become a sponsor. Failure to provide all necessary documentation or to answer all questions on the application form fully and accurately might result in the application being assessed without asking for any further documents.
Forms (Sponsors referred to as You)
· You must apply online by completing the eVisa application 1196 Employer Sponsored Workers (e457)
General business registration documents
· Australian Business Number (ABN) registration certificate (if you are an Australian-based employer).
· Australian Registered Body Number (ARBN) registration certificate (if you are an overseas business registered to operate in Australia).
· If you are an overseas business that is not already operating in Australia, you must provide evidence of registration in the country you operate in.
· If your business has a registered business or trading name, a copy of the Business Names Details extract from Australian Securities and Investment Commission's (ASIC) business name register.
· If your business is a company, provide one of the following:
o Australian Securities and Investment Commission (ASIC) company extract (listing registration details for the Australian Company Number)
o Australian Stock Exchange (ASX) listing registration (if applicable).
· If your business operates under a trust arrangement, provide relevant pages of the trust deed (pages listing parties to the trust and the signature page)
· If you are a franchisee, provide the relevant pages of the franchise agreement (pages listing the parties to the agreement and the signature page).
· If your business operates under a joint venture arrangement, provide relevant pages of the joint venture agreement (pages listing the parties to the joint venture and the signature page).
Documents to show you are lawfully operating a business
· To show that your business is operating, you should provide the following documents, where relevant:
o If you are a larger, established business which has been operating over a number of years: recent financial reports (profit and loss statements, annual report for the most recently concluded financial year).
o If you are a recently established or small business: business tax returns for the most recently concluded financial year; recent business activity statements (BAS); recent bank statements.
· New businesses can show they are operating by providing, at a minimum:
o a detailed business plan with preferably:
o contracts to provide services
o business bank statements covering the period of operation
o If any of these attachments are not provided, a statement should be included as to why they are not available.
Additional information that can be provided includes:
o contract of sale relating to the purchase of the business, where settlement has occurred
o lease agreement relating to business premises
o evidence of employment of staff
o business activity statements (BAS) for each complete quarter from commencement of operations to date of lodgement
Documents to show your business meets training requirements
· If you have traded in Australia for 12 months or more, provide documents to show that you meet one of the training benchmarks. Examples of documents include:
o receipts for training expenditure for your employees who are Australian citizens or Australian permanent residents over the last 12 months
o payroll details (salary costs and numbers) for trainees and apprentices over the last 12 months of available reporting and evidence that a Training Contract exists
o contracts with external training providers covering the last 12 months
o receipts for contributions made to an Industry Training Fund in the last 12 months
o receipts for contributions made to a recognised scholarship fund operated by a university or TAFE college in the last 12 months.
o If you have traded in Australia for less than 12 months, provide an auditable plan to show how you will meet one of the training benchmarks, including:
o the forecast payroll for the next 12 months
o the intended expenditure towards either training benchmark
o how you will implement the plan.
o If you are planning on training your Australian citizen and permanent resident employees for training benchmark B, clearly articulate the type and duration of training, and the estimated cost of delivering the training.
Additional documents for overseas businesses not currently operating in Australia
· Provide documents to show your intention to set up a business in Australia or that you have a contractual obligation in Australia:
o a company or business expansion plan
o an agreement to enter into a joint venture
o a contract between you and a party in Australia
APPLICANT - Temporary Work (Skilled) visa (subclass 457)
You must provide documents to prove the claims you make in your application for a subclass 457 visa. Your application might be decided solely on the basis of the information you provide when you lodge the application. Failure to provide all necessary documentation or to answer all questions on the application form fully and accurately might result in your application being assessed without us asking you for any further documents.
To lodge a complete application you should attach scanned copies of any associated original documents through your ImmiAccount as part of the online application process. Documents not in English must be accompanied by accredited English translations.
If you are already in Australia and need to lodge your application before you have all the required documentation, you should attach an explanation to your application as to why you have been unable to obtain the documentation prior to lodging the application.
Use this checklist to make sure your application is complete.???
· Apply online by completing eVisa application 1066 Employer Sponsored Workers (e457)
Documents about your occupation and skills
· A 457 Skills Assessment conducted by a registered training organisation approved by Trades Recognition Australia, if required (more information can be found on the Trades Recognition Australia website).
· If you were nominated in either the occupation Project and Program Administrator or Specialist Manager not elsewhere classified: a VETASSESS Skills Assessment for General Professional Occupations. You cannot use the results of a VETASSESS Qualifications-only skills assessment obtained for a Temporary Graduate (subclass 485) visa application.
· Qualification certificates (professional and educational).
· Registration, licensing or professional membership, if required. Documents from the relevant Australian registration and licensing authorities that show you hold, or will be able to meet, necessary registration and licensing requirements. The documents must specify both of the following:
o the type of registration or licensing held
o the name and contact details for the registration or licensing authority.
· References from previous employers that cover a period sufficient to demonstrate the relevant skill level (refer to ANZSCO code related information at the Australian Bureau of Statistics website for expected minimum period of experience relevant to the nominated occupation). These should be on the letterhead of the employer and include:
o the name, title and contact details of the referee
o details of your position and dates of service.
· Your curriculum vitae (CV) or resumé, covering at least the last five years, showing:
o full employment and educational history
o dates and positions held
o the name, title and contact details of referees.
· Documents to show your level of English language proficiency, such as:
o IELTS test results (must meet English language requirements)
o OET test results (must meet English language requirements)
o Test of English as a Foreign Language internet-based test (TOEFL iBT) results (must meet English language requirements)
o Pearson Test of English (PTE) Academic test results (must meet English language requirements)
o Cambridge English: Advanced (CAE) test results (must meet English language requirements and the test must have been conducted on or after 1 January 2015)
· If you are seeking an exemption from the English language requirement on the basis of completion of five years of study at a secondary or higher institution where the instruction was in English, provide the following information:
o name and location of the institution/s
o level of qualification/s
o official transcript from the secondary or tertiary institution
o number of contact hours of instruction per week delivered in English
o number of years of study.
· Copies of the biographical pages of the current passports or travel documents of all people included in the application (these are the pages with the holder's photo and personal details and the issue/expiry dates).
· If there are any differences in the names or dates of birth of anyone included in your application between birth certificate, passport, the application form, or other supporting documentation: evidence of how the change occurred (for example, deed poll certificate or statutory declaration for minor variations).
· For all dependant applicants, where applicable, scanned copies of full birth certificates and a full marriage certificate.
· If you have a spouse, a certified copy of your marriage certificate
· If you are living in a de facto relationship: independent evidence that you are in the relationship (for example, if there are children of the relationship as evidenced by a previously provided birth certificate, no further evidence would be required)
· Other evidence would include
o joint bank account statements showing a history of transactions
o billing accounts in joint names
o statutory declarations from third parties (particularly from independent third parties who have dealt with you as a couple over time, for example real estate agent for your rental, tax agent, neighbour)
o Children and all other family members:
o proof of their relationship to you (if birth certificates and marriage certificates are not available, an explanation of why they are not, should be provided with the best available secondary evidence of the relationship)
o if the child is not the biological child of any parent who is part of the application, evidence of the lawful adoption of that child
o Evidence of financial dependency for all your family members aged 18 or older:
o proof that they live in your household (for example, their driver’s license, a billing history to the address for a mobile phone, car insurance/registration history at the address)
o proof that they have been financially dependent on you for at least the 12 months immediately before you lodge your application (for example, evidence of whatever income they receive, a statement for their bank account for the last 12 months, statutory declarations from independent third parties known to the family, a statutory declaration from the applicant as to the nature of the relationship)
o If relevant, a copy of the identification pages of at least one of the following documents:
o family register document
o identification document issued by the government.
Custody of children
If you want to bring a child younger than 18 years of age with you to Australia, and that child’s other parent is not included in the application: documentary evidence that you have the legal right to bring that child to Australia, such as:
o copies of official legal documents, such as a court-issued parental responsibility (custody), access or guardianship order (including orders issued by an Australian court to that effect)
o a statutory declaration from the other parent giving their permission
o Form 1229 consent to grant an Australian visa to a child under the age of 18 years (93 KB PDF) from the other parent.
If you use Form 1229 or a statutory declaration, you will have to attach a copy of the other parent’s government-issued identification document (such as a passport or drivers licence) with their photograph and signature.
Documents regarding health insurance
You must provide evidence of adequate health insurance for the duration of your stay in Australia, such as:
o a certification letter from your health insurer or broker
o evidence that you have enrolled with Medicare if your country has a reciprocal health arrangement with Australia (New Zealand and Republic of Ireland passport holders only need to provide the biodata page of their passport to satisfy this requirement)
o the health insurance standard template letter (106 KB RTF file) completed by your insurance provider.
Attachment A of the health insurance standard template letter is a guide to the level of health insurance you need.
Additional requirements for certain applicants in Australia when applying
If you are in Australia when you make this application and you do not hold a current visa, or you hold a Bridging visa, additional requirements apply.
Your visa can only be granted if there are factors beyond your control which caused you not to be the holder of a visa and there are compelling reasons to grant the visa.
You need to attach a submission to your application detailing the factors that caused you not to hold a visa and why these factors were beyond your control, and what the compelling reasons are for granting you a visa.
The Health Requirement
To lodge a complete application it is important that any necessary health assessment is finalised prior to lodging your application. Information on whether a health assessment is required is available.
Please ensure you consider both your and your dependants intentions to work and study in Australia carefully when determining whether health assessments are required. Otherwise additional health assessment might be requested which will delay the processing of your application. If a health assessment is required, please complete the My Health Declarations (MHD) form. By following the content of the website you will be able to download an 'eMedical' referral letter.
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