457 Visa – Changing Your Employer

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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:

 

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

 


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Please firstly see FAQ and prior comments post which may answer your queries

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Alex

Hey there,

I am currently on a 457 but have since left the business that was sponsoring me. A new potential employer wants me to come and start working on the working holiday visa for a probation period before changing sponsorship. I originally came out on the working holiday visa and worked for 4 months before being sponsored for the 457. My question is can I work on the working holiday before sponsorship is transferred or is it best to wait?

Many Thanks
Alex

Ava

Hi Peng my que is I’m under 457 visa ..my company location was change after I work for 1 year ..do that really matter.??

Cristy

Hi Peng, I am currently residing in Australia under Student Dependent Visa. I am an Architect by profession and recently saw that there is State Nomination for Building Associate (Code 312112) in Victoria. Am I eligible to apply for it? Do I need work sponsorship to apply for Permanent Residency? Also, I have each band 7.5 and overall 7.5 score in IELTS GT. I am also curious to know if I need to do my skill assessment for Building Associate or will the skill assessment for Architect be eligible to apply for Buiding Associate? I look forward to hearing from… Read more »

Vuslat Guraslan

Hello, My husband and I are currently on skilled graduate visa (476) and we wonder how we can apply for permanent visa. He is an electrical-electronics engineer and I am a teacher (English as a Second Language) We are both 29 and we both have lived and worked in Melbourne for 3 months. As my IELTS score is higher (8.5) do you think I can be the main applicant? However it seems that I will need a sponsorship from another state as my occupation is not in Victoria occupation list. If my husband becomes the main applicant as far as… Read more »

Julie Owanai

Hi Peng, I don’t know where to post my query, so I post it here if you don’t mind. My recent partner visa has been refused and went through AAT but did not get a good result back. My recent partner visa has been refused under schedule 3 criteria – compelling reason. Well, I am about to depart Australia and lodge another partner visa offshore straight away. However, I am concerning about the rule, ‘limitation sponsorship’ which I cannot be sponsored in 5 years time within first partner visa lodgement. I will be sponsored be same person and am I… Read more »

Sylvain

Hi Peng,

Just wondering what do I have to do if I leave my sponsor but I wish to come back with him later on? Does he has to do a nomination again?

Thanks

Sylvain.

Angela

Hi Peng,
My sponsor jusy lodged my application for the 457 subclass visa. However, my visa includes a dependent (de facto relationship). Is there any possibility that my visa is granted and the dependent’s is denied? Or both of us would be granted or denied equally?
Thanks,

Prakash

Hi
I am working under 457 past 5 months and 15 days now I am not happy with my employer can I change this time is enough to transfer

Nick

Hi Peng,

My employer is happy to sponsor me, business is Franchise Pizza store in Perth, business Yearly income is around 1,000,000 and Net profit is around 60,000 and business is 3 year old. in past business had successfully sponsored once staff for RSMS (Before 2 years).

I have done MBA , can this business sponsor me for 457 ? and am i eligible for the 457 ?

Thanks in advance,
Nick

Kei

Hi,Peng
I got your advise on 3 Dec (129) and I’ve decided to back to my previous company then I checked my current visa’s document and realised the occupation is incorrect because I am a pastry chef but it is Cook…I don’t have any qualifications for cook…. It is totally mistakes. I’d like to have your advise about this…Is it impossible to be cancelled this nomination approved and back to my previous company without applying nomination again?

Tonny

I was on 457 visa , I had completed 2 years and I had applied for PR one and half month ago. Now my employer is planing to close the business . What should I do if he closed down the business. Is there any option rather than finding new sponsor.

Kei

Hi, Peng I’m working on 457 visa and I changed my sponsor about a week ago and I left my previous company and started working a new company but the company let me worked 12 hours and no break. I complained about them to a chef but he said “all the stuff here are working for 12 hours a day (2 days off per week) if you can’t,I can’t employ you ” then I left this company but they lied on the contract. The contract said I’ll work for 40 hours per week.If I knew the fact I wouldn’t change… Read more »

Amy

hi my name is amy. i m on 457 visa and my employer sold the bussiness and new employer wants to keep me. he already applied for SBS and nomination i m waiting for approval to start work. i want to know can i travel overseas in this meantime or not. Thnax

alex

Hi Peng,

I am a 457 holder who just resigned .I am only been here for 4 moths.my question
can my employer force me to pay all there cost for my visa? they want me to pay
15k AUD ? is this legal? thank you.

Ally

Hi, I’m asking on behalf of a friend. She is working as a pastry chef under visa 457 for 6months and the employer sold the cafe. The new employer is applying for the sponsorship for her now. My question is, can she works legally now or does she needs to wait for the employer nominee before she can starts? If she is not allow to work, what is the concequences that she will be facing?

Raul

Hi, this is my situation:

1. I am currently on a 457 visa and I got a new employer taking over my sponsor, I have 6 months of visa left

Is this something might be a problem at the moment of the process?

2. My employer already sent the paperwork to immigration is on process, is it possible go overseas during the process?

Many thanks!!
Raul

bhutty

hi dear. I have changed my employer he terminate me after 2 yr and 5 month . I got new nomination from different reasturant my question is. when I will be eligible for pr ?. I have 5 each ielts score . I have all previous tax document .

bhutty

hi dear after working on 457 visa as cook my employer terminate nomination after 2 yr and 5 month. know I have got new nomination from different reasturant . can I apply for know . I have 5 each ielts .

Shalav jindal

Hi,
I am just wondering,if wood fired pizza restaurant can sponsor as a manager.because I done my dipolma in business administration.
Thanks in advance.
looking forward For reply

Karthick

Hi,

I am Karthick.

Here is my situation, my employer gave me termination notice recently. I am currently looking for a new employer who can take over my existing 457. Can I travel abroad for couple of weeks and come back then continue looking for employers which is within 90 day period ?

Thanks in advance.

Karthick.

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