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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Ravi Kumar

Hi Peng, I would like to seek advise from you, I am currently on 457 sposored by Employer A and working for them. My wife who is on a dependent visa is working for Employer B. Our visas are due to expire in June 2016. My wife’s employer, Employer B would now like to sponsor her a primary visa to retain her for some more time. My Question: What options do I have with my visa ? Should they create a dependent visa for me from Employer B ? If thats the case and I get my new dependent visa… Read more »

Kelly

Hi Peng, I would like to seek advise from you, my husband with Visa 457, he had work 18 months for first employer and get termination, and currently he work with another employer for 6 months. My question: a. If we want to apply PR, the period of the employment with the employer prior to the termination of the employment will it considered as a genuine effort? b. or we need to wait for another 2 years with the current employer to get the PR? Yours sincerely, Kelly HI PENG I HAVE ONE MORE QUESTION.I HAD 6 MONTHS ON MY… Read more »

Karen

Hi,

My previous employer already sponsored and apply nomination for visa 186 for me . Count on the contract signed, there is enough 2 yrs but the actually based on the working day is only 1 yrs and 9 months.
During waiting time for decision from immigration, he sold this company to the new ownership with the same bussiness name but ABN change. Now I am still working the same location, the same role. I wonder if my nomination and application applied by the old employer is grant PR or not. Thks for yr promtly adv

Parry

Hi ,
Did u get ur PR or not ?

Parry

Hi ,
Did u get ur PR or not ? Pls let me know.

Randeep

Hi there
I just wondering about my visa 457
Actually I’m on 457 visa and currently I changed my employer as well as my new employer got business approvel but I’m still waiting for my nomination and it’s been long time almost 3months
Is there any problem in my file for taking so long ?
Or is it the process time now for department ?
Thanks

Eli

Hi Dear Peng

I’m working as an accountant with 457 visa (first granted on Feb 2014), the business was partnership, while one of the partners retired on Nov 2015. Now the business is solo trader, ABN and address also changed. My 457 has transferred to the current business. So I have accumulatively worked for 2 years under both 457 visa .
Can i apply for PR now?

Regards
Eli

Edwin de Sola

Hi peng,
Im a 457 visa holder under (CSOL) for 31 months. can i continue or change to 457 visa subclass under (SOL) on a new employer…
Thank you
EDWIN

Bekim Kryeziu

Hi I’m working for a restaurant as a chef and I’m under their 457 sponsorship from only 2 month. Honestly I’m having hard time with the owner big pressure and extra hours (until 12 daily) not payed. And he keep saying : Ooo I’m paying you too much (55 k yearly). I’m not complaining about my salary but for his attitude and for extras . And he is keeping money from my weekly salary (instead of 855 weekly I’m geting only 700 aud) because hi wants me to pay for the visa. So in other words he is not respecting… Read more »

fil

hi peng,
currently, I’m 457 visa holder .these are my concerns, I’m working in cattle industry as slaughterman but my nominated occupation written in visa grant notice is OCCUPATION UNKNOWN. 1.What does it mean? 2.will it affect my visa application for P.R. in the future since it is not defined well my occupation? and If ever I will cease with my present employer and find for different nominated occupation as community worker,3. is it valid for a 457 visa holder changing a job to one another?
thanks,
fil

Rupinder

Hi,
My Question regarding bridging visa a which I maintain during the process between renew of my 457 visa .17 Janbury 2014 I got my first 457 visa until 17 fab 2015.then I hold bridging visa A.1 June 2015 again I got my 457 visa for 4 years. So, from Jan 2014 to now I completed my 2 years .so,can I apply for PR or I have to wait for another 3 month . Because I was on bridging visa. Which will be counted or not.

Lori H

Hi Peng!
We are current 457 visa holders and have been living and working in Aus since May 2014. The company made the role redundant and we were officially removed from payroll end of Jan. My husband has an offer from another US company willing to sponsor our visa, however, they’d like to apply for a new 457 rather than just transfer the existing. While the application process is underway, they’d like to hire my husband to work for the US based company, then, upon 457 approval, transfer him to Australian pty ltd. Does this sound correct??
Thank you!!!
Lori

Aziza

Hi

I have submitted an application for 457 nomination in Aug 2015. A case officer requested for additional documents early January 2016 and all were provided by mid January 2016.
I am still waiting for a reply from the immigration office. How much more time do they take.

Thanks
Aziza

vishnu

Hi my name is vishnu am currently on 457 visa ( issued on 15 Th of November ) when i check my employer was not paying my tax and super when I ask him he told me that its okay we got 90 days to start paying this is that correct if he not paying my tax and super is their any problem. I need urgent replay from you so please let me know the after effect and what should I need to take for this

Wilfredo Alvarez

Hi,

I am a Company sponsored 457 visa and my wife as dependent/extension of my visa. Can her visa be transferred to a Company who’s willing to hire her?

Keiko

Hi,Peng. I decided to change my employer and already logged my nomination application 1 month ago but any news don’t come yet. Is it too late?If my documents have any problems, the immigration will ask me something or just reject my nomination application?

Carmen

Hi, I’ve been on a 457 visa for more than 2 years, and my employer had lodged a nomination for PR (subclass 186) about 2 months ago, and we are still waiting for the application approval. Recently, he decided to sell his business and it is in the process of transferring new ownership. What should I do with my visa (the process involved for both new employer and myself)? Would that mean I have to work with the new owner for another 2 years in order to commence application for PR. Also, if I were to change my job role… Read more »

kenny

Hi There would like to ask you few question 1. on going 457 visa can we apply rsms visa in different region on different position.let say from cook to manager and what are the chances to get approval. 2.is it 457 dependent can open a business? 3. in regional area 457 to 186 visa approval what is approximately minimum turn over for 1 position? 4.457 visa approved on owner’s name and the business name .because he didnt registered a company but lets say if want to make company or open another business under same abn ….it will be ok to… Read more »

Mandeep

Hello sir
I am on 457 visa,my company name has been changed but abn is still the same. Do i need to do fill change of circumstances form? Please advise me on this.
Thanx

Tawanda

Could you please clarify for me the process for ENS. I am on 457 visa and now 1 year 7 months with my employer. I work in regional area and want to change the employer in the same region. I am aware that my new employer will have to apply for a transfer of the 457 sponsorship. Would I still be eligible for ENS at the completion of my two years on the 457 visa or does it only apply if I remain with same employer?

Irshad

Hello Sir, My timeline is: Nomination Approved Visa Lodged: 19th/Aug/2015 Medicals: 27/Aug/2015 CO Assigned: 17/Oct/2015 Job Verify: 19/Nov/2015 PCC: 14/Dec/2015 Grant:????? My Question is that,I came to know that there is another guy with the same timeline applied for the same occupation i.e Hotel Manager. 1) If we both(I and Him) have applied for the same position(hotel manager) for the same hotel,means that the employer has sponsored both of us for the same job,Is this Possible for 2 persons for the same job?? 2)If the Department finds this case that 2 persons are nominated for the same job,what consequences can… Read more »

Luiza Veloso

Hi There, I’m on the 457 and on the end of December last year(2015) i left my job and applied for partner visa as me and my fiance got married. But unfortunately i didn’t know I have to be on a valid 457 while i wait for the partner visa decision. I got the bringing visa a not in effect. My nomination before was Restaurant Manager, can I look for another job with another nomination like Travel agency Manager? I saw that on the list but not sure if can applied to me. I have a tourism and hospitality course… Read more »

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