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 ComLaw 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.

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

This instrument 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

This instrument 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)

This instrument 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: Temporary Skilled Migration Income Threshold (TSMIT) and market rates exemption level

This instrument 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: Specification of method to determine terms and conditions of employment

Exemption from the requirement to work directly for the sponsor

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

See: Specification of Occupations for Nominations in Relation to Subclass 457 for Positions other than in the Business of the Nominator

Labour market testing

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

See: Specified period in which labour market testing must be undertaken

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

See: Specification of occupations exempt from labour market testing

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

See: Determination of international trade obligations relating to labour market testing

This instrument lists the international trade obligations arising from the Japan-Australia Economic Partnership Agreement which are inconsistent with the labour market testing requirement (that is, where labour market testing is not required).

See: Japan Australia Economic Partnership Agreement Determination 2014

This instrument lists the international trade obligations arising under the China-Australia Free Trade Agreement which are inconsistent with the labour market testing requirement (that is,​ where labour market testing is not required).​

SeeDetermination of international trade obligations relating to labour market testing ​2015​