Employees Information 1.1.2
The Temporary Entry Long Stay Business (subclass 457) visa provides a mechanism for employers, who are unable to fill skilled positions from the Northern Territory (NT) labour market to nominate overseas people to come to Australia (from between 3 months and 4 years) to fill skill shortages and transfer skills to the Australian workplace by training Australian workers.
Under standard criteria for the subclass 457 visa arrangements:
- The position must be a skilled, full-time vacancy that requires degree, diploma or trade certificate level qualifications; and
- The overseas nominee must be able to satisfy any mandatory licensing, registration or similar requirements in which they will be employed within one month of their employment in Australia
The nominating employer must be able to demonstrate, through supporting documentation that:
- the position is genuine, full-time and cannot be filled from the local labour market; and
- the base** salary to be paid to the overseas worker is at or above the Commonwealth gazetted minimum salary level of:
- $61 920 for Information Technology occupations; or
- $45 220 for all other occupations
- all other employment conditions and allowances are in accordance with the relevant Australian pre-reform Award or industrial instrument.
**The base salary is calculated at a 38 hour week and does not include additional benefits such as accommodation, allowances, superannuation or overtime.
The employer must obtain approval to be a Business Sponsor from the Department of Immigration and Citizenship (DIAC), before the employer can recruit skilled overseas workers to work in NT under the subclass 457 visa arrangements. This sponsorship remains current for 2 years or until the number of positions that have been nominated have been used.
The employer needs to complete the DIAC Form 1196 "Sponsoring temporary overseas employees" which is available from the DIAC website (www.immi.gov.au), DIAC offices or the Northern Territory (NT) Department of Business and Employment (DBE). Alternatively the application can also be lodged online at: http://www.immi.gov.au/e_visa/employer-sponsored.htm
Concessional Salaries and Skill Levels available to Regional Employers
Employers in regional Australia can apply to sponsor under the regional provisions of Temporary Entry Long Stay Business subclass 457 visa where the position does not meet the standard criteria. The regional provisions allow nomination of:
- a base salary that is below the gazetted minimum salary level of:
- $61 920 but no less than $55 725 per year for Information Technology occupations
- $45 220 but no less than $40 705 for all other occupations.
All other employment conditions being offered to the overseas worker must be in accordance with the relevant Australian/NT pre-reform award or industrial instrument.
There are some occupations that are either not sufficiently skilled or have been expressly excluded from nomination under the 457 visa provisions including medical officers, apprentices, tour guides and elementary clerical positions and labourer positions such as farm workers, station hands and fruit pickers.
All NT employer nominations under the regional 457 visa arrangements must be certified by the DBE. When submitting regional nominations to DBE for certification employers must provide evidence of the:
- skill shortage in the NT;
- skill level required for the position; and
- benefits that will accrue to the NT through employment of a skilled overseas person.
Other documentation that is required for the certification includes:
- a copy of the offer of employment or contract for the overseas employee; and
- information on the industrial instrument which applies to the position and/or workplace.
Please Note: In the NT regional nominations will only be certified where the salary offered to the overseas worker is comparable to salaries being paid to local workers in for similar positions/occupations in the NT.
Steps for Processing Regional Nominations
Step 1:
The employer submits a completed DIAC Form 1196 "Sponsoring temporary overseas employees" together with the required supporting documentation to DIAC for approval as a business sponsor and/or the position. The Form 1196 can be submitted electronically or in hard copy.
Step 2:
If the employer is seeking a regional subclass 457 visa concession, they submit a completed Part B of the DIAC Form 1196 "Sponsoring temporary overseas employees" , together with all supporting documentation outlined above, to DBE. If the nomination meets the NT's criteria, DBE assesses and certifies the nomination and then submits it to DIAC. If the nomination was lodged electronically with DIAC then a copy of the electronic nomination, supporting documentation together with a completed DIAC Form 1196R " Regional Body Certification" should be submitted to DBE.
Step 3:
DIAC assesses and approves the nomination if it meets the subclass 457 visa criteria.
Step 4:
The overseas nominee submits a completed DIAC Form 1066 "Application for a Temporary Business (Long Stay) (subclass 457)" together with supporting personal and professional documentation to the DIAC.
The application for approval as a Business Sponsor, the nomination/s and visa application can all be lodged simultaneously.
Business sponsorship applications, nominations for positions under the subclass 457 arrangements and visa applications can be processed in any DIAC office in Australia but the visa application should be lodged at the same office at which the employer has lodged their nomination.
Download
- Form 1196
- Form 1196R
- Form 1066
- Information Booklet - Sponsoring a Temporary Overseas Employee in Australia
- Information Booklet - Employer Sponsored Migration
Further information on the Regional Temporary Entry Long Stay Business (subclass 457) Visa is available from:
Business and Skilled Migration Services
Department of Business and Employment
Telephone: +61 8 8999 5264
Facsimile: +61 8 8999 6096
Email: migration.dbe@nt.gov.au
Postal Address: GPO Box 9988, Darwin, Northern Territory 0801, Australia
Website: www.migration.nt.gov.au
DISCLAIMER: The Northern Territory of Australia and the Department of Business and Employment disclaim any liability or responsibility or duty of care towards any person for loss or damage (including special, indirect or consequential loss or damage such as loss of revenue) suffered or caused by any use or reliance on this information. While care has been taken in the production of this Fact Sheet, it is provided as general information only. The Northern Territory of Australia and the Department of Business and Employment accept no responsibility (including for negligence) for errors or omissions and do not assert or imply that it is complete, accurate or current. No person should rely upon the information in this Fact Sheet for the purpose of making any serious, business or investment decisions without obtaining independent and/or professional advice in relation to their particular situation.
Last updated on the Wednesday 01 Apr 2009
