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Temporary Work (Skilled) Visa (Subclass 457)
Document Checklist For Nominations

You must provide documents to prove the claims you make in your application to nominate a worker for a subclass 457 visa. Your application might be decided solely on the basis of the information you provide when you lodge the application. Failure to provide all necessary documentation or to answer all questions on the application form fully and accurately might result in your application being assessed without us asking you for any further documents.

To lodge a complete application you should attach scanned copies of any associated original documents through our Registered Migration Agent as part of the online application process. Documents not in English must be accompanied by accredited English translations.

You should provide the following documents with your application, except where an exemption applies, to make sure your application is complete.

Important:

  • Supporting documentation should be uploaded to ImmiAccount as soon as possible after lodging your nomination to streamline processing of your application.  If you cannot do so for a non technical reason, make sure you upload a statement to ImmiAccount explaining why so that the Department is able to take this into consideration.
  • Avoid emailing attachments to us as applications with emailed attachments are afforded the lowest processing priority.

Documents to be provided with your nomination application

You should provide the following documents with your application, except where an exemption applies, to make sure your application is complete.

Nominee contract

A copy of an employment contract signed and dated by both parties unless the nominated occupation is exempt.  Exempt occupations are specified in a legislative instrument – see  Exemption from the requirement to work directly for the sponsor to see if this applies to your application.

Documents to show that you will provide the nominee with equivalent terms and conditions of employment as to an Australian employee

  • If there are Australian citizens or permanent residents performing equivalent work in your business and:
    • their workplace terms and conditions are based on an enterprise agreement or industrial award, you will need to provide:
      • a copy of the agreement or instrument that applies to the nominated position; or
      • the name of the agreement or award as recorded by the Fair Work Commission where applicable
    • there is no relevant agreement or award, or you are paying your Australian employees above the award rate,  you will need to provide:
      • copies of relevant employment contracts and pay slips for other Australian citizen and/or permanent resident staff performing equivalent work

or

  • If there are no Australian citizens or permanent residents performing equivalent work in your business at the same location, you need to provide evidence of the terms and conditions that would apply to an equivalent Australian worker. This could include one or more of the following:
    • appropriate references to or copies of enterprise agreements that will apply to the nominated person
    • appropriate references to or copies of enterprise agreements for staff performing the equivalent work with other employers
    • appropriate references to an industrial award applicable to the position you have nominated (that is the name of the award as recorded by the Fair Work Commission)
    • appropriate references to or copies of remuneration surveys
    • similar job vacancy advertisements
    • appropriate references to the Australian Government’s Job Outlook
    • appropriate references to the Australian Bureau of Statistics survey of Employee Earnings and Hours
    • written advice from employer associations and unions.
  • A written statement outlining how you have used the submitted evidence to determine what you would pay an equivalent Australian worker.

Supporting documents which demonstrate that you will provide the nominee with equivalent terms and conditions of employment to an Australian employee should, as far as possible, relate to the labour market where the position will be based.

Documents to show that you have undertaken labour market testing or an explanation why an exemption from this requirement applies

Where the labour market testing requirement applies, you must provide evidence together with your nomination application to show that you have completed this testing in the last 12 months unless retrenchments have occurred in the last four months, in which case the testing must have been completed since then.

  • Important: As this evidence is required to ‘accompany your application’, it must be uploaded to system on the day that your application is lodged.  If it is not provided at that time, your application will be refused and if this is the reason for refusal, there are no provisions for a refund. You must provide evidence of your attempts to recruit Australians which includes:
    • copies of job advertisements and payment details, or
    • a completed domestic recruitment summary table (128KB PDF)
  • You can also provide other evidence of your attempts to recruit Australians. For example:
    • copies of references to research published in the last four months relating to labour market trends generally and in relation to the nominated occupation
    • expressions of support from Commonwealth, state or territory government authorities with responsibility for employment matters
    • information about your participation in job or career expos
    • details of fees or expenses paid for recruitment activities
    • details of the results of your recruitment attempts including details of any positions filled as a result.

If you are not required to undertake labour market testing because an international trade obligation applies or an exemption applies, upload a document or provide comments within your application explaining why you believe labour market testing is not required.

If you believe international trade obligations apply, you also need to provide documents to demonstrate that one of the following applies:

  • if your nominee is a citizen/national of China, Japan or Thailand, or is a citizen, national or permanent resident of Chile, Korea or New Zealand provide:
    • copy of the biodata page (personal particulars) of your nominee’s passport or a copy of your nominee’s citizenship certificate
    • copy of your nominee’s permanent residence visa (Chile, Korea and New Zealand only).
  • if your nominee is currently working for a business that is an associated entity of your business and is located in Brunei, Myanmar, Cambodia, Indonesia, Laos, Malaysia, Philippines, Singapore, Thailand, Vietnam, Chile, China,  Japan, Korea or New Zealand provide:
    • copy of an employment reference stating who your nominee is currently working for (on company letterhead)
    • copies of your nominee’s current payslips / contract of employment
    • company registration documents to show that your business is associated with your nominee’s current employer.
  • If your nominee will be responsible for the entire or a substantial part of your company’s operations in Australia:
    • company organisation chart  including the position names/occupation;
    • detailed job description / duty statement.
  • if your nominee is a citizen of a World Trade Organization member country and they have worked for you in the nominated position for the last two years:
    • copy of the biodata page (personal particulars) of your nominee’s passport or copy of your nominee’s citizenship certificate
    • copy of your nominee’s current employment contract or letter of offer confirming the date their employment commenced.

Documents to demonstrate that the position associated with the nominated position is genuine

Evidence that supports and verifies that the nominated position exists and is what it purports to be – in particular, that:

  • the nominee will be undertaking at least a significant majority of the tasks of the nominated occupation in ANZSCO – that is, most of the nominee’s time will be spent performing tasks of the skilled nominated occupation;
  • the duties of the position are consistent within the context of the business – for example, that the activities of the business encompass the duties of the nominated occupation.

Such evidence can include one or all of the following:

  • a duty statement that includes the responsibilities of the nominated position – note:duties should not just be ‘copied and pasted’ from ANZSCO;
  • a structure chart for the business including full names of current employees and details of any visa held, which indicates how the position fits into the business activities;
  • a brief description about the nature of the business;
  • proof that the position existed in the business prior to lodgement of the nomination or if the position is newly created, whether there are any related plans for the expansion of the business and/or information about who previously performed the tasks of the position; and
  • evidence that the position has been filled through a transparent recruitment process (for example explanation of how many candidates were interviewed and why they were not suitable).

Provide additional supporting documentation to explain the following scenarios where relevant:

  • the nominee might be undertaking a broader range of duties – additional evidence should be provided to demonstrate that the position is at the appropriate skill level and only limited or ad hoc tasks will be spent doing other tasks (particularly if these are tasks that could be performed  by a non-skilled employee);
  • the business is hiring an employee in a position that does not seem to fit within the scope of their business (for example, they are hiring a hairdresser to work in a grocery business, or hiring an accountant for an automotive workshop or hiring an human resources manager for a restaurant) – additional evidence should be provided to explain why this position is consistent with the nature of the business;
  • the size of the business does not appear to support such a position (for example, the turn-over does not appear to be able to support the hiring of any additional employees) – additional evidence should be provided to demonstrate that the position fits within the context of the business.

Note: Where possible, independently verifiable evidence should be provided (for example, copies of contracts, purchase orders from third parties) as this will be given the greatest weight by visa decision-makers. For example, if your business is expanding and this is why you are hiring additional staff it is suggested you provide evidence of this rather than just stating that you plan to expand your business (for example, copies of new contracts, a copy of a lease for new premises or evidence of purchase of a new equipment).

Documents for specific occupations

The occupations of Cook, Chef and Café and Restaurant Manager are excluded from the 457 programme where the position is based in a takeaway or fast food outlet. If you are nominating one of these occupations and there is the potential for an assessment to be made that the business operates in a takeaway or fast food environment, you should submit with your application documentation that demonstrates otherwise. Such evidence could include:

  • a detailed position description
  • an explanatory statement and / or evidence that describes the core activities of your business
  • a copy of the menu
  • a link to your website
  • a floor plan
  • photographs of the premises which demonstrate the size and type of café/restaurant that the sponsor is running
  • details of food preparation done on the premises
  • details of  table service provided and the volume of in-restaurant dining
  • any other independently verifiable evidence you consider relevant.

Book an appointment with Registered Migration Agent
to get personal review of your Visa Situation

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