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Neo Phoenix Pty Ltd
Lawyers & Registered Migration Agents

We are experienced Solicitors and Registered Migration Agents with a proven track record. We offer personalised service with a reasonable fee structure.

Check out our latest client testimonials!

Temporary Work (Skilled) Subclass 457 Visa

All employer sponsored visa subclasses have requirements which attach to the employer, the nominated occupation and to the visa applicant himself/herself.

Temporary Work (Skilled) Subclass 457 Visa

Generally, there are 3 steps in the application process to sponsor an overseas skilled worker to work in Australia through employer sponsorship:

  1. The Standard Business Sponsorship (SBS), which is the application for approval of the business as being suitable to employ an overseas worker or workers.
  2. The Nomination, which is the application for approval of the position(s) as being suitable to be filled by an overseas worker. The nomination application is all about the occupation.
  3. The actual Temporary Work (Skilled) Subclass 457 Visa, which is the application for approval of the visa applicant as being suitable to fill the position.

All 3 applications are considered against specific requirements in the Migration Act 1958, Migration Regulations 1994 as well as in the policy guidelines contain in the Procedures Advice Manual (PAMS) which DIBP Case Officers use to assess applications.

Whilst the employer does not itself apply for a visa, they must apply to the DIBP for approval as a business sponsor.

The 3 applications are lodged in the above sequence and processed in the above sequence. Thus in order for the Nomination to be approved, the employer must first become an approved Standard Business Sponsor (SBS). In order for the Visa Application to be granted both the SBS and Nomination must be approved.

Please see below Brief Overview – of the main requirements. Please contact us for detailed advice.

Stage 1 - Employer Requirements

The employer must provide evidence to demonstrate they:

  • · Are lawfully and actively an operating business;
  • · Will be the direct employer;
  • · Have a sound business record and abides by immigration laws;
  • · Can show the employment will bring economic benefit to Australia;
  • · Have met the Training Benchmarks.

Stage 2 - Employer Requirements

The employer needs to provide the following information about the position:

  • · The position relates to an occupation which meets a minimum skill set;
  • · The position is to be paid at or above the Temporary Skilled Migration Income Threshold (TSMIT) which is currently $53,900 and is also being paid at Market Rates.
  • · It is a Genuine Position

Stage 3 - Employer / Employee Requirements

The employer needs to show the following:

  • · Have an approved and current Standard Business Sponsorship (SBS) or Labour Agreement;
  • · Company has the nominated position approved.

The employee needs to show the following:

  • · That he/she has the required Skill Level for the position;
  • · That he/she is qualified for the position.
  • · That he/she has Vocational English language ability.

Success Stories

Since 2003 we have helped many Australian businesses secure Standard Business Sponsorship (SBS) allowing them to sponsor overseas workers.

Please contact us for a professional assessment of your business sponsorship eligibility if you are an employer operating in Australia.

We can provide you with the migration law expertise to submit the best possible SBS, Nomination and Visa application.

Related Client Testimonials:

We cannot thank Andre and My Australian Visa enough for all the hard work they put in to get the 457 visa. I was on a working holiday visa and running out of time and worried with all the law changes and the caveat that applied to my occupation. But everything worked out well , all thanks to the ...

457 Visa Granted for Cook - Caveat Occupation

We have used the legal services of Andre at My Australian Visa to help us through the visa processes 3 times now. The first time was when I was sponsored by my employer for a 457 Visa. Then as I married an Australian I was unaware of the processes to get a partner visa in Australia. Andre helped us ...

Thanks to Andre and the team from MyAustralianVisa my girlfriend and I are lucky to call ourselves Permanent Residents of Australia! Andre started to assist us back in 2013 with the Sponsorship visa and we just received our employer sponsored permanent residency visa. They were always great to deal ...

ENS, ENS Subclass 186 Visa, TRT stream

I sought the help of Andre and the awesome team at MY AUSTRALIAN VISA for my permanent residency application in October 2016. Upon taking my case Andre advised me to choose the employer nomination scheme ENS (subclass 186) visa as I was on a 457 visa as a metal fabricator. My employer agreed to go ...

Rajesh - Employer Sponsored Permanent Residency - ENS Subclass 186 Visa - TRT Stream

Thanks to Andre, always available, reliable and happy to explain all the circumstances, I have finally got my Australian Permanent Resident Visa. He has started to assist me since 2013 when I applied and successfully got the sponsorship (457Visa) with the business that I'm working for. That day when ...

Mauro - 457 Visa and ENS 186 Visa

I had chance to meet many immigration agents and immigration lawyers, some with good experience but too confident of them self and some other without knowledge of what they was going to do. I met Andre casually when I first arrived here and I chose him to help me out with my visa. He have always ...

Mariano - Standard Business Sponsorship (SBS) Nomination and Subclass 457 Visa Applications

Hi Andre, Thank you for your help and professional support. Now my family and I can plan a better future in Australia. I hardly recommend this immigration lawyer for his professionally, deep knowledge of the law and friendly attitude. We wish you all the best and I really thank you for everything. ...

Dario - 457 Visa - Temporary Residency Employer Sponsored Visa

Dear Andre, I would like to extend my heartiest thanks to you for your sincere effort of helping me with my visa application. Since 2012, when I first contacted you in regard of visa subclass 457, you guided me very well about the processing of my application. With your sincere efforts, ...

Harpreet - Employer Nomination Scheme (ENS) Subclass 186 Visa

My husband and I first met Andre in January 2015 when he gave us a very detailed and knowledgeable overview of our visa options. We felt safe with the service provided by Andre and his colleagues from My Australian Visa due to their reliable and professional work habits and due to the fact that the ...

Julia - ENS Subclass 186 Visa - Employer Sponsored Permanent Residency

I have been extremely lucky and grateful in picking up MyAustralian Visa team as my migration lawyer. Ever since my first meeting with Andre, I was confident that my application is in good hands. MyAustralian Visa team, has been extremely professional and through with their knowledge about the ...

Sahil - ENS Subclass 186 Visa (Direct Entry) - VETASSSESS Skills Assessment – Onshore Applicant