As a 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 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 457 nomination application and have this approved before you can start employment with them. You can’t start working for your prospective employer before the 457 nomination is approved.
The Department’s normal processing time for a 457 nomination application is around 2-4 weeks.
Serving our your notice period
Under condition 8107 which applies to primary 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 457 visa sponsor. Even after the 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.
As the 457 visa holder, do I need to do anything for the 457 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 457 nomination application:
- Evidence of English language ability
- Work references
- Payslips demonstrating your paid work experience