Individuals and Travellers

Subclass 457 Visa Legislative Instruments

To maintain flexibility in the subclass 457 visa program, certain aspects of the program are subject to change from time to time. The aspects of the program that might change are contained in what is known as a legislative instrument.

These legislative instruments are essentially legal documents that describe particular rules of the subclass 457 visa program that might be changed by the Minister for Immigration and Border Protection. Legislative instruments are published on the Federal Register of Legislation website.

This page lists and links to these legislative instruments and gives a brief description of what is contained in the instrument.

The explanations and names for the instruments listed here are in plain English to assist with understanding what each instrument does. For the precise legal definition of the role of the instrument and its Federal Register of Legislative Instruments number, please refer to the instrument itself.

Subclass 457 visa eligible occupations

From 1 July 2017, the skilled occupations listed in the following legislative instrument are eligible for subclass 457 visas.

See: IMMI 17/060: Specification of Occupations—Subclass 457 Visa.

For occupational caveats relating to regional Australia.

See: IMMI 17/059: Regional Certifying Bodies and Regional Postcodes.

Note: A combined list of eligible skilled occupations which includes the eligible skilled occupations for subclass 457 on both schedules is available in alphabetical order.

These skilled occupations are described in accordance with the Australian and New Zealand Standard Classification of Occupations.

See: Australian and New Zealand Standard Classification of Occupations.

English language tests, scores and exemptions

The instrument below lists the tests and scores that are required to demonstrate English language proficiency for subclass 457 visa applicants. It also outlines exempted situations where applicants are not required to demonstrate their English proficiency.

See: IMMI 17/057: English Language Requirements for Subclass 457 visas.

Training Benchmarks

The instrument below lists the requirements to meet the required training benchmarks to be eligible for sponsorship under the subclass 457 visa program.

See: IMMI 17/045: Specification of Training Benchmarks and Training Requirements.

Terms and conditions of employment (Market salary rates)

The instrument below lists the dollar amounts for the Temporary Skilled Migration Income Threshold (TSMIT) and the exemption from the requirement to demonstrate equivalent terms and conditions of employment (market salary rates).

See: IMMI 13/028: Temporary Skilled Migration Income Threshold (TSMIT) and market rates exemption level.

The instrument below specifies the method for determining the terms and conditions of employment (market salary rates) where there is no equivalent Australian worker in that location.

See: IMMI 09/113: Specification of method to determine terms and conditions of employment.

Exemption from the requirement to work directly for the sponsor

The instrument below lists the occupations where the requirement to work directly for the sponsor is waived.

See: IMMI 13/067: Specification of Occupations for Nominations in Relation to Subclass 457 for Positions other than in the Business of the Nominator.

Labour market testing

The instrument below specifies the period in which labour market testing must be undertaken.

See: IMMI 13/136: Specified period in which labour market testing must be undertaken.

The instrument below specifies the occupations which are exempt from labour market testing.

See: IMMI 13/137: Specification of occupations exempt from labour market testing.

The instrument below lists the international trade obligations which are inconsistent with the labour market testing requirement (i.e. where labour market testing is not required).

See: IMMI 17/109: Determination of International Trade Obligations relating to Labour Market Testing.