482 or 457 Visa | Changing Your Employer


As a 482/457 visa holder, if you are looking to change your employer and have your new employer take over the sponsorship for your visa, you need to firstly ensure that your prospective employer is eligible to sponsor you for a 482/457 visa. This generally means that they need to hold Standard Business Sponsorship and that this sponsorship is valid (or that they are eligible and willing to apply for this).


When you can start working with your new sponsor


Your prospective employer will need to lodge a 482 nomination application and have this approved before you can start employment with them. You can’t start working for your prospective employer before the 482 nomination is approved.


The Department’s normal processing time for a 482 nomination application is around 2-8 weeks.


Serving our your notice period


Under condition 8107 which applies to primary 482/457 visa holders, you can only work for your sponsoring employer and in your approved role. The exception to this is when you’re changing your employer and 482/457 visa sponsor. Even after the 457482/457 nomination application for your new employer has been approved and your sponsorship has changed to this new employer, you can continue to work for your former employer and sponsor to ‘fulfil a requirement to give notice of termination of employment’.


Basically, you’re allowed to fulfil the terms of your employment contract.


Do I need to do anything for the 482 nomination application?


Generally speaking, the nomination application relates to the role that you will be performing. Your employer needs to demonstrate that the role is consistent with an occupation that is on the list of eligible occupations, and that there is a genuine need for your role.


Your employer may ask you for the following documents for the 482/457 nomination application:


  • Passport
  • Qualifications
  • Evidence of English language ability
  • Work references
  • Payslips demonstrating your paid work experience
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Comments

82 Comments

Gi Kwon · September 4, 2019 at 12:37 pm

Hello.
I am 457 visa holder and I am planning to transfer to new company. This time I am not with agent I am doing it myself. Do I need to do anything relate to Immi account? after I get new nomination approval.
what is next step for me to act?

    My Access Australia · September 7, 2019 at 11:10 pm

    Hi Gi,
    Once the nomination is approved, you can start work with the new employer – you don’t need to take any further action for that application once it is approved.

Holly · July 16, 2019 at 5:31 pm

Hi, I am currently on my 482 visa (second visa – 2 years each) I had go change my employer during my first 482 visa due to company redundancy. I do not want to stay with this current company anymore. Is there a time period I have to stay with them due to new visa approval? Or because they nominated me 8 months ago on my old visa can I just leave as and when I like? Second 482 visa was granted 2nd July 2019. Thanks!

    My Access Australia · July 19, 2019 at 8:23 pm

    Hi Holly,
    You can terminate whenever you choose to, however you will need to transfer your visa otherwise it could be cancelled.

Reinan de Guzman · May 15, 2019 at 9:49 am

Hi! I was made redundant from my current employer and found a new sponsor.. They are still in the process of getting standard business sponsorship and but I am not sure if we have enough time to process everything before the 60 days period is over..
My question is : Can I ask for an extension of the 60 days period and tell them my new sponsor is in the process?
Can I leave Australia and go back home and just come back when the transfer is complete?
Thank you, Much appreciated

    Peng Cheng · May 19, 2019 at 9:42 am

    Hi Reinan,
    If more than 60 days have passed since your last date of employment, then you are considered to be in breach of condition of your visa condition and the Department may issue you with a Notice of Intention to Consider Cancellation. Generally speaking, the Department takes quite a while to issue any such correspondence after the 60 day period has passed.
    If you intend to lodge another visa/nomination application, then you can discuss this matter with the Department if and when they contact you and see if they can give you a little extra time to prepare and finalise the application (evidence supporting your claim that you will be lodging a genuine application may help you case).
    PC

Michelle · April 22, 2019 at 10:41 pm

Hi Peng
I am writing on behalf of my partner. He is in Brisbane on a 457 visa valid until February 2020. A new sponsor is willing to sponsor him on a 187 visa in Townsville. Does he need to transfer his 457 to this new employer before applying for 187?

    Peng Cheng · April 23, 2019 at 3:51 pm

    Hi Michelle,
    Yes, if you want him to be able to work as a 457 holder for the new business, because he will still be on on the 457 after you lodge the 187 application.
    PC

Raj · April 15, 2019 at 6:43 am

Hi Peng This is Raj I have applied for nomination change on 14th of March already 4 weeks as it mentions on website process time between 2-4 weeks how long I need to wait thanks.

    Peng Cheng · April 15, 2019 at 1:48 pm

    Hi Raj,
    Average processing time is around 4 weeks, but it can be longer than average. Unfortunately there is no deadline by which the Department needs to decide the application.
    PC

Tahnee · March 30, 2019 at 2:59 pm

Hi Peng,

I am currently on a 457 visa as Management Consultant (valid until Aug 2020). If I were to change employer, can I only apply for jobs as Management Consultant, or can I also apply for other roles?

Thanks!

    Peng Cheng · April 5, 2019 at 7:07 pm

    Hi Tahnee,
    You may be able to apply for other roles. It would depend on your experience and qualifications.
    PC

Aung · March 23, 2019 at 4:07 pm

Hi Peng
My 457 visa is valid till 2021but I will be transferred to New Zealand office which is our branch soon and salary will be paid in NZ.
I would like to know that my family who are under my 457 visa can stay in Australia till visa expire if I start work in NZ?

    Peng Cheng · March 29, 2019 at 2:00 pm

    Hi Aung,
    Your family can stay and work in Australia while the visa is still valid.
    PC

Debbie Moyo · March 18, 2019 at 8:08 pm

I am on a 457 visa valid till 2021 but I have applied for a subclass 820 visa. Now, I would like to change my employer. What does the new employer have to do? Do I have to apply for another 457 visa through my new employer? Do I inform the Immigration department about changing my employer?

    Peng Cheng · March 19, 2019 at 8:41 pm

    The new employer can lodge a 482 nomination application to transfer your current 457 visa.
    This nomination application would be notifying the Department. You can update your partner visa with this information if you wish.
    PC

      Debbie Moyo · March 22, 2019 at 5:07 pm

      Very much appreciated.. Thankyou

Tammy · March 15, 2019 at 10:24 pm

Hi Peng,
I’m currently on Bridging Visa A as I lodged my 457 and waiting for the result to come out. My question is that I have another sponsor who is willing to sponsor me as 187 visa. Can they start their 187 nomination when I’m still waiting for 457 visa application result? And if my 457 grant few weeks later ( as I lodge on 30/6/2017), can I still keep the 187 nomination from new sponsor? Or are there any way to transfer from 457 to 187 ( different sponsor?)
Thanks so much for your help

    Peng Cheng · March 19, 2019 at 11:50 am

    Hi Tammy,
    You can lodge an 187 application but this might cause issues for your 457.
    Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
    PC

Carlos Parga · February 12, 2019 at 4:00 pm

How long can the visa transfer take, I’m on a 457 visa, the new company advise that it would be from 2-4 weeks but it has taken over 12 weeks now. What is the limit on the processing time? Thanks

    Peng Cheng · February 13, 2019 at 1:29 pm

    Hi Carlos,
    Usual processing time is 4-6 weeks. The business can follow up the Department if they wish.
    PC

Skj · November 5, 2018 at 12:28 pm

I found new employer and they submitted the visa transfer on 11 oct 2018. As per current trend what is the average time immigration team will review/approve the transfer? Also the sponsorship will change the expiry date of VISA ?

    Peng Cheng · November 9, 2018 at 11:52 am

    Please see the following link for processing times: https://www.homeaffairs.gov.au/trav/visa-1/482-
    No, the sponsorship will not change the expiry date of the visa. You will need to apply for a new visa.
    PC

imran hameed · November 1, 2018 at 12:28 am

for instant if i have worked with my first employer for 1 year then change my employer do i need to start from beging again like
as i know if you have completed 2 years with your employer you are eligible for p.r, after changing employer i needed to do it again 2 year?
thanks

    Peng Cheng · November 1, 2018 at 7:35 pm

    You can’t count work with a previous Australia Business Number (ABN) if you change your employer. Please see the following post which explains that you need work for at least 2 years with the sponsoring business: https://www.myaccessaustralia.com/186-ens-visa/
    PC

mike · October 31, 2018 at 11:04 am

Hi Peng,
I am holding visa 457, I would like to change my sponsor.
If the new sponsor submitted a new TSS nomination for me, then 1-2 weeks later I dropped it because I have a another better offer, does that move affect my visa at all?

best regards,

    Peng Cheng · November 1, 2018 at 7:35 pm

    Hi Mike,
    If you are waiting for a TSS nomination to be decided and then another business wants to employ you and lodges a further nomination, then the second nomination can be assessed by the Department. I would suggest in that situation the first business should withdraw the first nomination.
    PC

Natascha · October 22, 2018 at 11:11 pm

Hi, My 457 short term visa was granted a few weeks ago, but I am not happy with my employer. I have found another company but what do they need to do for my sponsor to be transferred ? What are the cost for them and myself to transfer the sponsorship over ? They havnt sponsored before ? Also what notice do I need to give my current employer ? Can I wait untill the new employer sponsorship and nomination has been granted before I give my notice to my current employer ?

Benoit Esselin · October 16, 2018 at 6:04 pm

Hi Peng,
I’m currently on visa 457 (approved 5th of August 2016 for 4 years). I have an offer from another company, I wanted to know how does it work the transfer?
Basically I wanted to know if you can lodge a nomination with your new employer even if you still working for your actual employer. Also how long does it take for the nomination to get approved. And my last question is regarding my fiancé who is on my visa as a partner de facto, would she be affect by transfer to my new employer.

    Peng Cheng · October 19, 2018 at 9:43 pm

    Hi Benoit,
    The new employer would lodge a TSS nomination application: https://www.myaccessaustralia.com/tss-482-visa/
    Yes this can be lodged while you continue to work for your current sponsor.
    PC

Darren · October 16, 2018 at 8:18 am

Hi Peng I am currently changing employer as my current employer under paid on the market rate salary for 2 years can I reclaim any of the under payments

    Peng Cheng · October 19, 2018 at 9:39 pm

    Hi Darren,
    You might want to speak with an employment law solicitor, or perhaps Fair work: https://www.fairwork.gov.au/
    Sorry but this isn’t a migration law issue.
    PC

Comments are closed.