Once your employer has been approved as a Standard Business Sponsor and has nominated you for a Subclass 457 visa, the last step will be to apply for your Subclass 457 visa.
To be considered for a Subclass 457 visa you must:
- Be nominated to work in an approved occupation on the Consolidated Skilled Occupation List (CSOL)
- Meet the skill requirements for your nominated occupation
- Meet registration and licensing requirements, if applicable
- Demonstrate that you meet the English language requirement.
SKILL REQUIREMENTS FOR YOUR SUBCLASS 457 VISA
You do not necessarily need to be formally qualified in your occupation and previous work experience may be taken into account for meeting the skill requirements for your nominated occupation.
If your nominated occupation is a trade occupation, you may be required to provide a skills assessment.
If it is necessary for your to hold registration, licensing or professional membership to work in your nominated occupation and you provide written evidence from the relevant Australian body of registration or written evidence of eligibility for registration, the skills requirement can be considered met without further enquiry.
If you are required to provide a skills assessment but have evidence of having obtained registration or licensing in Australia, you may also be considered to have met the skills requirement without needing to provide the assessment. In these circumstances, eligibility for licensing or registration would not remove the requirement for you to provide a skills assessment.
If your nominated occupation is Project and Program Administrator or Specialist Manager not elsewhere classified, you will need to complete a skills assessment for migration purposes.
ENGLISH LANGUAGE REQUIREMENTS FOR YOUR SUBCLASS 457 VISA
If you are sponsored by a Standard Business Sponsor, you must show that you have English language proficiency that is equivalent to:
- an International English Language Testing System (IELTS) test score of at least 5 in each of the four test components of speaking, reading, writing and listening, or
- a score of at least 'B' in each of the four components of an Occupational English Test (OET).
You do not need to meet the IELTS requirement if your nominated occupation does not need a level of English language proficiency for a grant of registration or license and any of the following are applicable to your circumstances:
- You will be paid a salary that is more than the English-language-requirement exempt amount. This amount is set at a gross base salary excluding all deductions. The current amount is specified in a legislative instrument. Grant of your Subclass 457 visa will need to be in the ‘best interests’ of Australia.
- You hold a passport from Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America.
- You have completed at least five years of continuous full-time study in a secondary or higher education institution where instruction was conducted in English.
Sport based occupations for a Subclass 457 visa require high levels of personal commitment, physical fitness, sporting ability and experience in lieu of formal qualifications.
Key factors in determining whether you as a Subclass 457 visa applicant have the skills as a sportsperson include:
- An employment record as an elite full-time professionalin your nominated occupation
- Recent experience as a full-time elite player or coach for a substantial period under Australian occupation standards - for example, occupations in ANSZCO unit group 4523 Sports Coaches Instructors and Officials require a minimum period of at least 3 years relevant work experience.
- Relevant work experience that does not include experience as a trainee, apprentice or cadet and/or non-professional experience
- The nominated position for your Subclass 457 visa does not require you to supplement your sporting activities with ancillary work or income.
Your elite and professional status as a Subclass 457 visa applicant should be demonstrated by past income records. The income must be substantiated against national income levels and be the principal source of income. You may also be asked to provide references from the relevant national administrative body of the sport in which you are engaged supporting your skill level and income received.
CHEFS AND COOKS
In assessing your skills as a Subclass 457 visa applicant for a chef or cook occupation, we first consider if you are required to obtain a Subclass 457 visa skills assessment.
If no formal skills assessment for your Subclass 457 visa is required, and formal trade training is the standard method of entry into a particular cuisine, such Italian cooking, your Subclass 457 visa nomination should reflect the requirement of formal trade qualification. Under Australian occupation standards, Chefs are considered to be professionals at the Diploma level or higher, whereas Cooks are at the Certificate III level (which includes at least two years on the job training). According to.
If your nominated Subclass 457 visa position relates to a type of cuisine for which formal trade training is not common, the nominated position should be seeking a person with on-the-job training as a cook in an establishment of good standard where experience in the skills and attributes required for the position can be demonstrated.
BUTCHERS AND SMALLGOODS MAKERS
Butchers and Smallgoods Maker apprentices in Australia are required to complete a Certificate III in Meat Processing. Alternative qualifications such as a Certificate in Food Processing would not be considered sufficient to satisfy the skills requirement for your Subclass 457 visa and might suggest that you have nominated the incorrect occupation.
If you are currently in the process of completing your medical based training your position can be known by various terms throughout the process, such as Resident Medical Officer, Junior Registrar and Registrar.
If any of the above titles apply to your position, you may nominated the occupation of Resident Medical Officer (ANZSCO 253112) for your Subclass 457 visa which also includes the occupation of Medical Intern as a specialisation. This is aimed to primarily ensure that different nominations are not required each time you start a new rotation in a different speciality.
If, after the initial period of hospital based training, you choose to specialise in a particular field and accepts a position as a Registrar that particular speciality, it may be appropriate for you to nominate the relevant specialist Medical Practitioner occupation. For example, a doctor working as a Cardiology Registrar could be nominated in the occupation of Cardiologist, or a Paediatric Surgical Registrar could be nominated in the occupation of Paediatric Surgeon.
In such cases, your Subclass 457 visa skills requirement may be satisfied if you hold the relevant qualifications and have the relevant level of registration with AHPRA.