Individuals and Travellers

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 good quality scanned copies of any associated original documents through your ImmiAccount 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.
  • Do not email us to say you have uploaded the required information at a later stage after lodgement. Once you have successfully uploaded additional documents, an automatic notification will be generated for decision makers to notify them that new documents have been uploaded.
  • Do not email us attachments to applications. Such emails will also be afforded the lowest processing priority and failing to attach documents directly in ImmiAccount will delay processing of your application.

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.​​​

Written contract of employment – for standard business sponsors only

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.

This contract needs to cover a period that is consistent with the employment period requested by the sponsor. If it is for a shorter period, you will be asked to provide a revised contract or be notified that only a visa period consistent with the contract available will be granted. This will slow down processing of your application.

Note: an 'ongoing' contract is acceptable for a two / four year visa to be granted.

Employment terms and conditions

See documents below to show that you will provide the nominee with no less favourable terms and conditions of employment offered to an equivalent Australian worker:

If there is an equivalent Australian worker and:

  • their workplace terms and conditions are based on an enterprise agreement or industrial award, you need to provide either of the following:
    • a copy of the agreement or instrument that applies to the nominated position
    • 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 need to provide:
    • copies of relevant employment contracts and pay slips for other Australian citizen and / or permanent resident staff performing equivalent work.

Important:

  • Do not provide generic market salary data / salary surveys if there is an equivalent Australian worker.
  • If the nominee will be paid less than the equivalent Australian worker, the nomination will be refused.

If there is no equivalent worker you need to provide evidence of the terms and conditions that would apply to an equivalent Australian worker. The onus is on you to provide sufficient information to satisfy the department that you have determined the market salary rate using the method specified in the legislative instrument and that the nominee will be not be afforded less favourable conditions.

Such information must include a written statement outlining how you have used the submitted evidence to determine what you would pay an equivalent Australian worker. Also include appropriate references to, or copies of, one or more of the following:

  • enterprise agreements that will apply
  • enterprise agreements for staff performing the equivalent work with other employers
  • applicable industrial award (that is the name of the award as recorded by the Fair Work Commission)
  • remuneration surveys
  • similar job vacancy advertisements
  • references to the Job Outlook
  • the Australian Bureau of Statistics survey of Employee Earnings and Hours
  • advice from employer associations and unions.

Important:

  • Ensure that supporting evidence is clearly identified and explained in your written statement.
  • If you provide vague, unlabelled salary surveys and do not explain how you have determined the market salary rate your nomination could be refused.
  • Where there is a difference between the market salary rate determined and the proposed salary of the nominee, you must explain why.
  • If the market salary rate is a 'range', you must explain why the particular salary to be paid to the nominee has been selected (for example, they are performing the same work but have less experience).
  • If there is no equivalent Australian, it is recommended that you attach a comprehensive written statement outlining how you determined the market salary rate, particularly if:
    • the nominee's salary is AUD$65,000 or less
    • the nominee's salary package contains significant allowances and / or non-monetary benefits
    • the market salary evidence presented reflects a wide range of salary data, with potentially inconsistent information.

Important: If the market salary data you present indicated that the nominee is being paid less than the market salary rate, the nomination will be refused unless the market salary information provided indicates a 'salary range' applies to the position and a comprehensive statement has been provided explaining why a salary at the lower end of the range will be awarded to the nominee.

Labour market testing

Where the labour market testing requirement applies, you must provide evidence together with your nomination application to show that you have completed this testing:

  • within the previous twelve months prior to lodging a nomination; or
  • if the sponsor or an associated entity has made any Australian citizen or Australian permanent resident workers redundant or retrenched from positions in the nominated occupation in the last 4 months, then since this occurred. Note: when this occurs, information about these redundancies or retrenchments must also be provided.

Important: As this evidence is required to 'accompany your application', where labour market testing is required, you will be asked to attach the above information prior to submitting your application. If it is not provided, 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 advertisement(s) referenced in the nomination form. Note: If a similar ad was placed in multiple media formats, only one copy of the advertisement is required to satisfy this requirement; and
  • if fees were paid, receipt of any fees paid.

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 have indicated in your application form that labour market testing was not required because you believe international trade obligations apply, you need to provide documents to demonstrate that one of the following applies:

  • if your nominee is a citizen / national of China, Japan, Singapore 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.

Genuine position - for standard business sponsors only

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 and where caveats apply

If the nominated occupation has a caveat, you should attach a statement/submission to ImmiAccount with documentary evidence to substantiate your claims that the nominated position is not excluded by the caveat.

Note: if you wish the Department to take into account broader circumstances when assessing turnover and salary caveats (example: the turnover and salary caveats of an overseas 'parent company'), you should upload a detailed written submission requesting this.

The occupations of Cook, Chef and Café and Restaurant Manager are excluded from the subclass 457 program where the position is based in limited service restaurant. Cook and Chef positions also cannot be based in mass production in a factory setting.

A limited service restaurant includes the following:

  • fast food or takeaway food services
  • fast casual restaurants
  • drinking establishments that offer only a limited food service
  • limited service cafes including, but not limited to, coffee shops or mall cafes
  • limited service pizza restaurants.

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.