Temporary Residence Transition stream

    Use this stream if you have already sponsored the applicant for a Temporary Work (Skilled) visa (subclass 457):
  • You must be the standard business sponsor of the 457 visa holder to nominate.
  • You are not subject to a labour agreement.
  • The employee must have worked in the nominated position in your business, on a Temporary Work (Skilled) visa as a primary visa holder, for at least two out of the previous three years before the nomination is made.
  • The nomination must identify an occupation (for the position) that has the same four-digit occupation unit group code as the 457 approved occupation.
  • The nominated position must be full time, ongoing and available for at least two years and be consistent with the position in which the applicant has already worked in your business, unless the person nominated was previously nominated for their subclass 457 visa on the basis of performing an occupation mentioned by the Minister for Immigration and Border Protection in an instrument in writing (certain medical occupations).
  • You must have met the subclass 457 visa training requirements in each year you have been a standard business sponsor.
  • You must not be an approved overseas standard business sponsor under the subclass 457 visa programme.

If, during the two years prior to nominating, the 457 visa holder has worked for an associated entity of the current standard business sponsor, evidence must be provided that the 457 visa holder has been working in the same role, with the same employer and in the same location, for the entire two years they held their subclass 457 visa.

If, during the two years prior to nominating, the 457 visa holder has been working for an associated entity of the current standard business sponsor, and the associated entity intends to nominate the 457 visa holder, they must first become an approved standard business sponsor and provide evidence that the 457 visa holder has been working in the same role, with the same employer and in the same location, for the entire two years they held their subclass 457 visa.

If, during the two years prior to nominating, a new standard business sponsorship was required at any stage to ensure the applicant complied with condition 8107 of their subclass 457 visa obligations, you will need to provide evidence that the previous standard business sponsor and yourself as the current standard business sponsor might be considered the same employer of the 457 visa holder. This might occur in situations where the standard business sponsor has undergone business sale, takeover or restructure, which might have changed their entity, requiring a new standard business sponsorship approval.

The period of time already worked with the previous subclass 457 visa standard business sponsor might be considered towards the two-year requirement of the Temporary Residence Transition stream only in those cases where you are able to demonstrate that the nominated person has been working in the same role, with the same employer and in the same location for the whole two years they held their subclass 457 visa.