Immigration FAQ's

What is a Temporary Residence Visa - Subclass 457?

It is an employer-sponsored work and residence permit, valid for up to 4 years, depending on the assignment length as specified by the employer.

Who qualifies for a subclass 457 Visa?

An overseas skilled worker who has an employer that will sponsor them to Australia to fill a particular position for a specified period of time.

How can I apply for a 457 Visa?

There are 3 steps involved in applying for a subclass 457 Visa:

1. Employer applies to be a business sponsor
2. Employer nominates the position to be filled (must meet minimum salary and skill level criteria that is applicable at the time)
3. Employee applies for the Visa (must meet applicable health, character and English language criteria)

How long does the application and approval process take?

On average, the process takes approximately 4 - 8 weeks from time of application.

Can my accompanying spouse work?

Yes. Your accompanying spouse may work for an employer of their choice.

Do I need a licence for a specialty occupation?

If licensing or registration is required for the position that you will hold in Australia, then you must hold the relevant licensing or registration.

How long is the Visa valid?

The Visa is valid for the period of time specified by your employer in the Visa application. This can be anywhere from 3 months to 4 years.

How long can I stay in Australia after I complete my employment?

Your sponsoring company is required to notify the Department of Immigration within 5 business days of your cessation of employment. You will be permitted to remain in Australia for up to 28 days from your last date of employment, unless you have applied for and received an extension of time from The Department of Immigration.

Can I change employers and remain on the same 457?

No. Your subclass 457 Visa will be issued with a work limitation. This only allows you to work for the employer who has sponsored you. If you wish to change employers you must obtain a new 457 Visa under the sponsorship of the new employer, prior to commencing employment with them.

What is a Permanent Residence Visa - Subclass 856?

It is an employer-sponsored work and residence permit, allowing the holder, together with spouse and other eligible dependants, to remain in Australia permanently.

Who qualifies for a subclass 856 Visa?

A highly skilled overseas national who has an employer that will sponsor them for Australian Permanent Residence. To qualify, you must meet all of the skill, age, English language, health and character requirements of the Visa.

How can I apply for an 856 Visa?

There are 2 steps involved in applying for a subclass 856 Visa:

1. Employer nominates the permanent position to be filled (this must meet minimum salary and skill level criteria that is applicable at the time)
2. Employee applies for the Visa (must meet applicable health, character and English language criteria)

How long does the application and approval process take?

On average, the preparation of a subclass 856 application can take 4 - 8 weeks. Once lodged with the Department of Immigration the processing of the application can take 2 - 6 months.

Do I need special qualifications, or a licence for a specialty occupation?

If licensing or registration is required for the position that you will hold in Australia, then you must hold the relevant licensing or registration.

Can I change employers and remain on the same 856?

Yes. Once you have obtained your subclass 856 Visa you are an Australian Permanent Resident. You may change employer and remain on the same subclass 856 Visa.

How do I prove I am a Permanent Resident once I obtain a new passport?

You will need to have your Permanent Residence Visa evidenced into your new passport. Alternatively, you may choose to carry both your expired passport (the one with the Visa label in it) and your new passport when you travel.

Am I, and my eligible dependants, entitled to Australian social benefits on a subclass 856 Visa?

For most subclass 856 Visa holders there is a 2 year waiting period before becoming eligible for most social security benefits.

Can I become an Australian citizen?

To be eligible for Australian citizenship you must meet the criteria applicable at the time. www.citizenship.gov.au

Most people are eligible to apply for Australian citizenship as long as they meet the residence requirements. For people who have become Australian Permanent Residents after 1st July 2007 they:

- 12 months as a Permanent Resident; and
- Absences from Australia of no more than 12 months in that 4 year 
  period including no more than 3 months in the 12 months before applying.