Temporary Skilled Worker Visa

Australian businesses can sponsor workers from overseas or who are in Australia on a temporary basis in the following main categories:

1. Temporary Work (Skilled) – Standard Business Sponsorship (Subclass 457 Visa)
2. Labour Agreements

Temporary Work (Skilled) – Standard Business Sponsorship (Subclass 457 Visa)

This is the most common visa used to employ temporary overseas skilled workers in Australia. It can be used by Australian and overseas companies and enables a business to employ overseas workers to fill nominated skilled positions in Australia for periods from three months up to four years. It involves a three-step application process:

Step 1 – the employer needs to apply to become a sponsor. In the application, the employer nominates the number of positions it wants to sponsor over a maximum period of three. If additional employees are required above the number included in the application, a new sponsorship application is required.

Step 2 – Once approved as a sponsor, the employer is required to identify the position to be filled and the skills and experience required for the position.

Step 3 – the employee must apply for a visa to work in Australia on a temporary basis. To lodge a visa application the sponsorship and nomination must have been lodged with or prior to the visa application.

The responsibility of employers and employees in respect to Temporary Work (Skilled) Subclass 457 visas are summarised in the following table:

Who	Responsibility
Employer	applies to be a sponsor to recruit overseas workers nominate the positions you want to fill recruits the overseas workers to fill your nominated positions acts as a sponsor for your employees applying for a visa cooperates with the Department of Immigration and Citizenship’s (DIAC) monitoring requirements meets costs and other obligations as part of the program
Employee	accepts the offer of employment from the employer applies for a visa meets all conditions of their visa

In 2009, the Australian Government introduced a number of changes to Subclass 457 visas that relate to English language proficiency and verification of skills for workers from certain countries. Perdaman Global Services Migration Agents stay abreast of all changes to visa requirements so they are able to provide the correct and latest advice to our clients. See Important Advice Regarding Immigration Changes.

Labour Agreements

Labour Agreements are formal arrangements that enable the recruitment of a number of temporary overseas skilled workers. Labour Agreements are particularly useful for projects that require a large number of workers for relatively short term projects with tight timeframes where the local supply of professional and trades people is not available. A project owner can apply for a Labour Agreement that covers sub-contractors that work on a nominated project, which can provide significant efficiencies and cost savings in a tight labour market.

For more information about what occupations require a Labour Agreement, email noelene.murray@perdaman-gs.com.au

Employers can engage overseas workers for periods up to four years.

Creating a Labour Agreement involves a three-step process:

1. An employer or industry body requests access to a Labour Agreement to the Federal Government, which then considers the request and negotiates between the parties to the agreement.
2. After the agreement has been signed by all parties, the employer is required to nominate the positions to be filled.
3. Employees then apply for a visa to be allowed to work in Australia.