10 Useful Things to Know About Your Australian 457 Visa

 

Knowing the below information about your 457 visa can really help you protect your rights as an employee and ensure that your sponsoring employer complies with its obligations. You will also find useful information in relation to what happens when you need to change employer, and when you may be able to apply for Australian permanent residency.

 

1) Your employer’s obligation to pay you the Australian market rate

In the nomination application for your 457 visa, your employer needs to state what your guaranteed annual salary will be, as well as provide evidence of what the Australian market salary rate is for your role (generally by providing market salary survey data, or by providing the contract/payslip of an Australian citizen or permanent resident that is working for your employer. He or she needs to be working in the same role and location as your nominated role). Your employer needs to pay you at least the Australian market rate for your role. This ensures that you are not underpaid, and employers don’t just hire foreign employees because their salary demands are less than the Australian market rate.

2) Your employer needs to continue to pay you the Australian market rate

Your sponsoring employer is obligated to comply with the obligation outlined above for the duration of the time that you hold your 457 visa. Your employer is required to periodically review your salary and increase it as the Australian market rate for your role increases.

3) You can only work for your sponsoring employer and in your nominated role

Pretty self explanatory. You can only work for the employer that is currently sponsoring you for your 457 visa. Also, you can only work in the role that DIAC has approved in the nomination application.

4) Hold appropriate  health insurance coverage

You must show proof of adequate health insurance when applying for your 457 visa. An applicant must arrange for health insurance and show proof of cover when they lodge their 457 visa application. If any dependent family members are included in the application, then adequate health insurance coverage is also required for these individuals.

There are exceptions available for Irish passport holders and if you hold a passport from a country that has a reciprocal health care agreement with Australia – United Kingdom, Sweden, Finland, Norway, the Netherlands, Belgium, Slovenia, Malta and Italy.

A comparison site that lists all the policies can be viewed at www.457visacompared.com.au.

IMAN Health Funds offers a wide range of competitively priced health insurance policies that are appropriate for 457 visa applicants (as well as other foreign nationals who need to maintain health insurance coverage while in Australia): www.austhealth.com 

5) If you’re changing your role

If you’re employer wants you to take on some extra or more senior responsibilities due to your development in your role, you can generally take on these tasks without notifying DIAC. This is the case as long as the majority of your tasks and duties still fall within the ANZSCO that DIAC approved in the nomination application. For instance, if your approved ANZSCO occupation is Civil Engineer (233211), you can check the tasks listed for this ANZSCO and decide whether your role still fits within this ANZSCO after the changes to your duties. If the changes are such that you no longer fit into your approved ANZSCO, then your employer will need to lodge a new nomination application and DIAC will need to approve this application before you can start working in your new role. Your approved ANZSCO can be found in your 457 visa approval notification.

6) If you want to change employers / Taking a second job

Firstly, you need to 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). Your prospective employer will need to lodge a 457 nomination application and have this approved before you can start employment with them.

Due to Condition 8107, you can’t take up a second job – period (i.e. you can’t take up a second job even if this job is similar to your nominated role, or if it is a casual position that doesn’t interfere with your work with your 457 visa sponsor).

7) Changing employers and completing current employment obligations

As I stated in point 3 above, 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.

8) If you end your employment with your sponsor

Your 457 visa is subject to condition 8107 – this condition requires you to remain employed in your nominated role with your sponsor. If your sponsor terminates your employment, then they are obligated to notify DIAC.

If more than 90 days has passed since your last date of employment, then you are considered to be in breach of condition 8107 and DIAC may issue you with a issued with a Notice of Intention to Consider Cancellation. If you intend to lodge another visa application, then you can discuss this matter with DIAC 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).

If your employer notifies DIAC of your cessation and you’re outside of Australia, then DIAC can cancel your 457 visa without notifying you.

9) Covering the cost of your flight to leave Australia

Once you have ceased employment,  you can make a written request to your employer and request that they cover the reasonable cost of your departure. Your employer is obligated to cover this cost if it receives such a request.

10) Applying for permanent residency with employer sponsorship

Holding a 457 visa can open up various pathways for obtaining Australian permanent residency. If your 457 visa sponsor is willing to sponsor you for permanent residency, then you may be able to apply for either a 186 or 187 visa. The most straight forward pathway to permanent residency for 457 visa holders is generally to complete two years of employment with your 457 visa sponsor and then apply under the Temporary Residence Transition stream. This stream is available under both the 186 and 187 visas.

To apply under the Temporary Residence Transition stream, you need to complete two years of employment with the employer that sponsored you for your 457 visa as the primary 457 visa holder (dependent 457 visa holders cannot apply under the Temporary Residence Transition stream). Employment with a different 457 visa sponsor can’t be counted towards the two years. Employment while holding any other visa also doesn’t count.

However, you may be able to apply for permanent residency under the Direct Entry stream, in which case, you do not need to complete two years of employment as a 457 visa holder.

For the 186 visa Direct Entry stream, generally speaking, you need to apply for and obtain a positive skills assessment for your nominated occupation from the relevant skills assessment body. If your guaranteed annual salary is $180,001 or over, then you are exempted from having to obtain a skills assessment, and you may be able to proceed with an application under the Direct Entry stream now.

For the 187 visa Direct Entry stream, generally speaking, you only need a positive skills assessment if your nominated occupation is a ‘trade’ occupation (e.g. plumber, cook, electrician etc.). For professional occupations (e.g. accountant, engineer, nurse, teacher, management level roles etc.), you do not need to obtain a skills assessment. Generally speaking, you need to have either a Bachelor degree or higher level qualification that is relevant to your nominated occupation or alternatively, you need five years of full-time experience in positions that are similar to your nominated role. Like with the 186 visa, you are also exempted from needing a skills assessment if your guaranteed annual salary is $180,001 or over.

 

Alternative pathways to permanent residency

 

Many 457 visa holders transition to permanent residency through the sponsorship of their employer. However, you may be able to apply for permanent residency without the sponsorship of your employer. You may now eligible for a Subclass 189 or 190 visa.

The 189 visa is called the Skilled Independent visa. It is an invitation and points-based visa. Before you can apply for this visa, you need to firstly prepare and submit an Expression of Interest. In the ‘EOI’, you provide your personal details, employment history, qualifications etc. You are entitled to points based on various factors such age, experience and qualifications etc. DIAC will invite the applicants with the highest points to apply (the minimum points required for an invitation is 60). You must receive an invitation from DIAC before you can apply. Also, only the occupations listed on the Skill Occupation List can be used for a 189 visa application.

The 190 visa is similar to the 189 visa. The main difference is that you firstly need to obtain Australian state or territory government sponsorship before you can apply for this visa. Why obtain such sponsorship? Firstly, it is worth 5 points. Also, each state or territory has its own list of sponsorable occupations – consequently, there are a lot of occupations which are sponsorable under the 190 visa, which are not sponsorable under the 189 visa.

A great advantage of obtaining one of the above mentioned visas is that you are not obligated or tied to any one employer. If you obtain permanent residency through employer sponsorship, then you will need to make the commitment that you will work for your sponsor in your nominated role for 2 years from the date of visa approval.

There is no such obligation imposed on 189 and 190 visa holders. You are free to change your employer as you please. For the 190 state or territory government sponsored visa, you need to make the commitment to work in your sponsoring state or territory for at least 2 years from when the visa is approved. But you are not committed to any one employer.

In fact, you do not even need to work in your skilled profession. You can start your own business, make a career change, progress to a more senior role in management etc.

For Subclass 189 visa holders, you do not really even need to remain in Australia since you do not have any obligations to an employer, or state or territory governments. You can obtain this permanent residency visa and secure your future in Australia, or just give yourself the option of living and working in Australia. Your family members can come to Australia and establish a living for themselves while you remain overseas.

 

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1,056 thoughts on “10 Useful Things to Know About Your Australian 457 Visa

  1. Jeena

    Hi,
    My spouse have applied dependent 457 visa for me. It is now pending with Australia Immigration team from 22nd Jan 2018. Could you please let me know how much time it will take to get it approved.
    Thanks,
    Jeena

    Reply
  2. Ryan

    Hi Peng,

    I would like to ask, if I submitted my 457 application on 23 Feb 2018 and the 457 visa will be abolished on 1st March 2018. Do you suggest i go for it? Knowing there are only a few days left. Because i’m not qualified for the TSS visa. Looking forward for your reply. Thank you

    Regards,
    Ryan

    Reply
  3. Chris

    Hi,

    What costs does the 457 visa have to pay when resigning from a 457 visa job (then leaving Australia permanently) after 1.5 years on the visa? I believe that the visa holder has to pay back the visa cost if he/she leaves before 2 years. Would it be possible to confirm this and give an idea of costs?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Chris,

      There isn’t any specific law in relation to costs that a 457 visa holder needs to pay to the employer. The employer is under obligations not recover, transfer or charge certain costs to another person –
      please see Department website: https://www.homeaffairs.gov.au/trav/work/empl/sponorship-obligations-monitoring-and-sanctions

      Not recover, transfer or charge certain costs to another person
      You must not take any action or seek to take any action that would result in the transfer or charging of costs (including migration agent costs) to another person, such as a sponsored visa holder or their sponsored family members this includes costs that relate to:

      the recruitment of the person you sponsored
      becoming or being a sponsor or former approved sponsor.
      This obligation:

      starts on the day the sponsorship is approved or the work agreement commences
      ends on the following two events:
      you cease to be an approved sponsor or party to a work agreement
      you no longer have a sponsored visa holder.
      Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include:

      cost of sponsorship and nomination charges
      migration agent costs associated with the lodgement of sponsorship and nomination applications
      administrative costs and any sundry costs an employer incurs when they conduct recruitment exercises, including:
      recruitment agent fees
      migration agent fees
      the cost of job advertising
      screening of candidates, short listing, interviews and reference checks
      salaries of recruitment or human resource staff
      the cost of outsourcing background checks, police checks and psychological testing where they relate to an employer determining an applicant’s suitability for the position
      training of new staff
      responding to queries for prospective candidates, and advising unsuccessful applicants
      travel costs for the sponsor to interview and/or meet the applicant either overseas or in Australia.

      PC

      Reply
  4. Mohammed Fakhri

    Hi Peng,
    My Wife and Myself holding a 457 visa. Of which, i am a primary applicant. I have applied for my Son 9 months old 457 visa in February. Can i apply a Visitor Visa (holiday) subclass 600 for my child meanwhile to get him to Australia ? if yes then what is the probability of it getting approved?

    Reply
    1. Peng Cheng Post author

      Hi Mohammed,
      I’d suggest waiting until the 457 visa is approved since a visitor visa isn’t really appropriate for anyone looking to live in Australia.
      PC

      Reply
  5. Param

    Hello Peng,
    My wife has an offer to come on 457 Visa and as such I l’ll get it as well.
    My question is, can I get my own ABN and incorporate? Or I’ll can work only as an employee.

    Thank You for your time and consideration.

    Param Parmar

    Reply
  6. Russell

    Hi Team!

    I am currently here in Australia with Subclass 600 (90 days allowed to stay) Multiple entry valid for 1 year. I arrived here December 1,2017.
    1. If my employer will lodge 457 Visa before the 90 days that I am allowed to stay here in Australia, Do I still need to depart Australia? or can I already stay since the 457 Visa is already lodge?
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Russell,
      If you lodge a 457 visa, then you should get a bridging visa A after lodgement.
      This bridging visa allows you to stay in Australia until the Department decides your application.
      PC

      Reply
      1. Russell

        thank you Peng for you helpful reply. Just wondering, will i be given like a document that i can have just to prove that i am currently on a bridging visa A once my 457 visa is lodge. much apprecited for your response

        Reply
  7. Benjamin

    Hi Peng,

    I was on WHV and my employer offered me to sponsor me under a 457 visa. However they had to do again all the process for sbs and everything to make the application and nomination available. Without these informations I couldn’t start the application process for the 457 and had to leave Australia. The company still wants to sponsor me. Can I come back with a visitor visa, without working, whilst everything is getting sorted? Is a bridging can happen that way?

    Thanks a lot

    Reply
    1. Peng Cheng Post author

      Hi Ben,
      You should get a bridging visa after you lodge a 457 visa application when you are in Australia.
      PC

      Reply
  8. Balaji Madabhushi

    Hello Peng,

    I m currently on my 457 visa and residing in Sydney from last 16 months. I am getting married in March and I will get my certificate of marriage only in March. Only after that I can lodge my wife’s 457 dependant visa.

    Meanwhile can I initiate a 3 months visitor visa to my wife and get her with me when I come back in March. In that case can I invite her as a fiancée/friend? I will lodge her 457 in April.

    My wife is holding an employment in India and was granted leave only for 3 months. She will definitely go back after her 89 days/max stay is over.

    Please suggest if a visitor visa can be lodged.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Balaji,
      You can lodge a visitor visa application if you wish, but sorry we can’t provide visa eligibility advice in these comment fields as this is covered as part of our professional services.
      If you need to book a consultation to discuss your circumstances, please see Contact Us page and in relation to our Consultation Service.
      PC

      Reply
  9. Mahmud

    Hi, this is Mahmud
    Immigration cancelled my 457 application for not submitting Skill Assessment Certificate 3 months before. My medical and nomination were ok. Now I wanna provide the Skill Assessment Certificate .
    Can I get chance appeal the cancelled application now?
    Or, will I have to start the application from the beginning? It means I need medical, nomination again.
    Note: my application was submitted 2016 September.
    Thanks a lot, waiting for replay

    Reply
    1. Peng Cheng Post author

      Hi Mahmud,
      The Department’s correspondence in relation to your visa cancellation would confirm if you can appeal this decision.
      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

      Reply
  10. Sam Dickenson

    Hi Peng

    I am currently on a 417 and was going to transfer to a 457 with my employer. I am now leaving this employer as my partner is able to be sponsored and so I can find other work.

    My 417 runs out in April but my partner’s 457 will not be lodged until June.

    I was planning to be in the country for a few months until her 457 is lodged. If I. Out of the country when the 457 is lodged, will I be granted a bridging visa, or do I have to wait until the 457 visa is granted to return?

    If I am.in the country on a tourist visa when the application is submitted, will I then be granted a bridging visa that allows me to work again?

    Thanks

    Sam

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      You wouldn’t get any bridging visa if you are outside of Australia when you lodge your visa application.
      You need to check your bridging visa for your relevant visa conditions, and work conditions if any.
      PC

      Reply
  11. Niv

    Hi Team,

    I am currently working on a 457 visa. My husband is holding a dependent 457 Visa and i also working in Australia.
    Due to a family emergency I have to travel back from Australia. Can my husband continue to stay in Australia and work with the 457.

    Is there any particular duration until which the dependents can stay in Australia after the Primary applicant has left?
    What are the other options using which he can continue to work in Australia even after the main applicant has left.

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Niv,
      Dependent 457 visa holders can work in Australia even if the primary visa holder is outside of Australia – there is no specific time limit for this.
      PC

      Reply
  12. Silvana

    Hi,

    My partner and I are currently in Australia with a 457 visa for 4 years (we moved in April last year). My partner is sponsored by his employer and I have a partner visa.

    Can we get married here in Australia with this visa? We are both EU citizens, if it helps.

    Many thanks in advance!

    Cheers,
    Silvana

    Reply
    1. Peng Cheng Post author

      Hi Silvana,
      You can get married as 457 visa holders – this doesn’t affect your current visa.
      PC

      Reply
  13. Laura

    Hi,
    I was made redundant last year from my sponsor and it still hasn’t been “cancelled”. As my partner was on my visa as de factor, his company has nominated him for a 187 within the 90 days and I am now de factor on his. The problem we are having is the new visa still hasn’t been granted, we are still active under the 457 and I’m still out of work, it has been 8 months now!
    My questions are, Are we in breach of my 457 visa due to the new visa being on his behalf rather then mine?
    As it has been so long, Will they of opened the 457 and just left it, as there’s a new visa in progress? Will they transfer the 457 to 187 rather then cancelling the 457 as we have everything in the application inc medicals.

    Any help will be appreciated
    Many thanks

    Reply
    1. Peng Cheng Post author

      Hi Laura,
      The compliance team may contact you in relation to the breach of your visa condition, but I think that it is more likely that you will just remain on this visa until your 187 visa is decided. Sorry but I can’t really predict the actions of the compliance team.
      PC

      Reply
      1. Guru

        Hello Peng Cheng.

        I am currently on 457 visa and have applied for my wife’s dependant visa on 457, since the process is getting delayed for a long time. Can i apply for an e-visitor visa and bring her to australia and then receive the approval for 457 visa when it takes its own time? What will happen if 457 visa gets approved before the visitor visa? Which visa will hold valid?

        Sorry @Laura, to post this on this thread as i was not able to find the option to create a new thread.

        Appreciate your help/advice on this.

        Thanks in Advance.

        Reply
        1. Peng Cheng Post author

          Hi Guru,
          Sorry but your wife needs to be outside of Australia at the time of decision if she was outside of Australia at the time of lodgement.
          She can come on a visitor visa if this is granted, but she’d need to leave again.
          PC

          Reply
  14. Harley

    Hi,
    I have an employee who has been under sponsorship for 4 1/2 months and is not happy with being on a salary and working the full time hours (although she is being paid the correct min requirement) and she was fully informed of all of this. I have just received resignation, do I as an employer have any rights? Seems unfair to fork out money on someone and for them to do this. She will be changing from 457 to de-facto.

    Reply
  15. Pilar

    Hi Peng,

    Thanks for your helpful website. I’m currently on a 457 visa but my employer will probably end my contract next year because we are not getting enough work.
    I’m planning to apply for a partner visa with my boyfriend, the plan is to submit the application before my 90 days period expires.
    Is it possible to apply to the partner visa while still holding the 457?
    Will I’ll be able to work full time while I wait or my partner visa to be approved?
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Pilar,
      You can lodge a partner visa while you hold a 457 visa.
      You can only work full-time after your current 457 visa expires and your bridging visa comes into effect, or if another business sponsors you and takes over your 457 visa.
      PC

      Reply
  16. Lala

    Hi Peng,

    My employer brought me over on a 457. They applied for the 457 to run for 4 yrs, even though my contract was only for 3. I didn’t ask them to do this.

    Now I’m applying for a partner visa and I find that this lengthy 457 will affect my work rights, lead to my 457 visa being cancelled, and land me with bridging visa E. It’s not possible for me to transfer the 457 to another employer, the job is too rare. By asking for a longer visa for me, my employer has basically prevented me from getting other work for around 10 months after finishing my job.

    Is there any hope for redress here? It doesn’t seem fair at all!

    Great blog, thank you for your detailed posts.

    Reply
  17. Fredrik

    Hi Peng,
    I’m currently on a 457 working in Australia for an overseas employer (from my home country). I’m due to return to my home country in March. At the moment I hope to travel and then work in my home country for 5-7 months. Can I return to Australia to work for the same employer after that? I would still be well within the validity of my current visa. I just wonder if I’m allowed a long break like that and return on the same visa.

    Reply
  18. Selin

    Hi Peng,we already have 457 visa we are already applied 186 visa 21 june but our sponsor give a liquidation 12 september,immigration know this situation 3 week before and stopped our application we are waiting our rejection in 60 day.. ….but our sponsor already working same place same owner same business but diferent abn number … Do you have any idea immigration accept our situation and go on, our nomination avowal or cancelled our nomination …

    Reply
    1. Peng Cheng Post author

      Hi Selin,
      I’m sorry to hear about your situation, but I can’t provide advice just based on your comment information.
      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

      Reply
  19. Monica

    Hi Peng,

    I must thank you for such an informative content, would be grateful if you could help me with my query. I am on 457 dependent visa & I have traveled back to my home country without my spouse for some work, somebody has told me that I must have to travel back to Australia within 90 days otherwise my visa might be cancelled, can you help me with that?

    Reply
  20. Alessia

    Hi,

    An employee needs to leave Australia for approximately 3months in order to obtain a police check from China (in which he needs to apply for Permanent Residency in Australia). He is currently on a sponsored 457 Visa. Is there a time restriction in which he can be out of Australia for, and can he work while overseas for a a different overseas company?

    Reply
    1. Peng Cheng Post author

      Hi Alessia,
      Is there a time restriction in which he can be out of Australia for No
      and can he work while overseas for a a different overseas company? Yes
      PC

      Reply
  21. Ann

    Hi there
    I am on 457 visa. Will I be allowed to exit the country for 6-12 months whilst remaining my employment status with my current employer that provided sponsorship? Or is there a time limit?
    Thanks!

    Reply
  22. emily

    Hi! I have a 457 visa for 3 years now and have applied for defacto since oct 2017, now im holding both 457 and bridging A. I have researched and understand that if I canceled my 457 the bridging visa will also be canceled. But if I stopped working for the employer, the condition states that i need to apply for another substantive visa, wouldn’t that defacto visa a substantive one? This is very confusing!
    Also, could I apply a student visa after I already on 457 visa? My friends said its not possible to study after i have already applied for 457.

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Emily,
      Sorry but I can’t provide advice just based on your comment information.
      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

      Reply
  23. Andrea

    Hi Peng

    Thanks for this useful summary and sharing your knowledge and suggestion to others.

    I found a sponsor for a 457 and my employer is also willing to sponsor my partner. However, at the time of leaving the UK (I am italian) I will not meet the requirements of a de-facto partnership (we will be together 8 months with 1-2 months of living together evidence).

    Is it possible, after going to Australia and obtaining the visa, coming back for few more months in the UK (employer is ok with that) and leaving in UK with my partner to gather the “missing months” of evidence. Once this is done I understood I can add her later in my visa application (even if it has been already lodged) as I will have the 12 months of evidence including 5-6 months of living together. If this plan is feasible how long can I stay out from Australia (I guess there is a limit) after the visa has been granted?

    Many thanks!!

    Regards
    Andrea

    Reply
    1. Peng Cheng Post author

      Hi Andrea,
      Is it possible, after going to Australia and obtaining the visa, coming back for few more months in the UK (employer is ok with that) and leaving in UK with my partner to gather the “missing months” of evidence.
      Your partner can complete a dependent 457 visa application after your visa is granted.
      If this plan is feasible how long can I stay out from Australia (I guess there is a limit) after the visa has been granted?
      There isn’t any legal requirement for you to be in Australia if you have a primary 457 visa already.
      PC

      Reply
  24. Kay

    Hi Peng,

    I am currently in Australia on 457 visa and I am going to get married early next year. I am planning to bring my wife to Australia right after the marriage. My employer will process her 457 dependent visa but I understand that it will take 2-3 months before its granted. So,

    1. Can we apply tourist or visitor visa to bring her along immediately to Australia and later lodge 457 dependent application while she is here? I hear ‘No further stay’ condition might stop us from applying for any visa from Australia.
    2. If we are allowed to apply, would she have to exit and re-enter Australia after getting the 457 dependent visa?

    Thanks in advance.

    Regards
    Kay

    Reply
  25. Tracy

    Hi Peng,

    I am on 457 visa. Is it possible to return to my former employer after ceasing employment with them and more than 90 days has passed. Time line is as follow.

    I ceased employment with my former employer in Sep 2016. I returned to my home country. I then came back to Australia and found out to my surprise that I am still on my 457 visa.

    Would like to know if it is technically possible to return to work for my former employer?

    Reply
    1. Peng Cheng Post author

      Hi Tracy,
      You may be able to do this if the department hasn’t cancelled your visa because of your prior termination of employment.
      PC

      Reply
  26. Amy

    Hi Peng,

    My Partner is about to start the process for 457 visa and has his medical booked in first. To be a defacto on his 457 visa do i also need to take a medical?

    Many thanks,
    Amy

    Reply
    1. Peng Cheng Post author

      Hi Amy,
      Family members may need health examinations depending on your circumstances – after you lodge your visa applications, you can use the View health assessment link to see if any health examinations are required.
      PC

      Reply
  27. Cathy

    Hi Peng,

    I’m assisting two employees of our Australian company with applying for 457 visas. We are sponsoring them & I’m hoping you can clarify something for me. If their 457 visas come through, are they restricted to 90 days travel if they then would like to apply for permanent residency after the 457 has expired?
    Thanks!
    Cathy

    Reply
  28. Zaid Rafi

    Hi,
    I am on Tourist visa which is expiring next month and i am planning to fly back. I have been nominated for 457, i am wondering, can I lodge my application for 457 on-shore or do I have to exit first?

    Reply
  29. Rohit

    Hi Peng,

    My wife is currently on 457 and I am the dependent. With recent changes in rules to apply for pr after completing two years, we are not certain whether we will be eligible to apply for pr so I am thinking to enroll in an automotive technician course. I always wanted to get into this field and this gives me another reason. My simple query is will I still be eligible for skilled migration (186 or 190 or even 489 if necessary) like any other international student if I complete a two years diploma followed by JRP or experience?

    Reply
    1. Peng Cheng Post author

      Hi Rohit,
      Sorry but I can’t provide advice just based on your comment information.
      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

      Reply
  30. Rajesh

    Hi Peng,

    I will be completing 44 years as on March 30, 2018. If I forward EOI and when the invite happens post my birthday, will I lose points for the age (39-44 = 15 points)? Please assist in clarifying me the eligibility criteria to obtain these points is based on my application or invitation from DIBP. Thanks

    Reply
  31. Tushar

    Hi Peng,
    Can my wife Tavel on visitor Visa 600 if her dependent 457 visa case is under process?
    Will she have to leave Australia and come back when 457 dependent Visa is approved for her?

    Regards,
    Tushar

    Reply
  32. Claudia

    Hi Peng.

    Hope all is well.

    My partner and I are 457 holders (individually) and I have 2 doubts that I’d really appreciate if you can clarify them.

    #1
    I had a difficult time here and decided to look for another job in Europe and found it. So I resigned with my company and right now I’m on my notice period. Today, my boss told me the company is thinking about charges me the visa cost. The point is: I came to Australia with a student visa, found this job here and my contract doesn’t say anything about reimburse the visa costs if I resign at anytime. Is it legal?

    #2
    Since I found this job, my partner wants to move with me to Europe. He was checking his contract and there is a clause saying if he resigns before complete 2 years, he needs to reimburse the company with 30.000 AUD. In this case, he really needs to pay the company, right? Even if the total amount is overrated?

    Thanks in advance.

    Reply
    1. Peng Cheng Post author

      Hi Claudia,
      I’m really sorry but this isn’t a migration law issue – this would be a contract law matter between the employee and employer. You may want to speak with a contract/employer law solicitor.
      PC

      Reply
  33. Amit Kaushal

    Hi, I am currently on bridging visa of 457 and I got invitation for 189 visa sub class to apply, I am confused to apply for 189 as if I apply for 189 then I have to withdraw the bridging VISA of 457 which remove my all work right here. Please suggest the process to follow.

    Reply
    1. Peng Cheng Post author

      Hi Amit,
      You can lodge a 189 visa while you hold a bridging visa A – you don’t have to withdraw your 457 visa as you can have two applications pending at the same time.
      PC

      Reply
  34. Sharmaine

    Hi Peng…

    Kindly please enlighten me…

    Im on 457 visa now unfortunately my employer dismissed me after 4weeks at work. It was an unfair dismissal and totally devastating but i really need to move on..

    1. May I ask how long can i still stay in Australia – is it 90 or 60 days now?

    2. Do i really need to notify DIBP about my new circumstance now or is it the employer’s obligation to notify DIBP? If ever, how soon should i have notified DIBP?

    How would i know if my employer already notified DIBP that i am no longer connected with them?

    3. Unfortunately, I still hadnt gotten a new sponsor until now. I was dismissed last july 17. So I am planning to lodge my pr visa (including my spouse & daughter) as soon as the invitation comes out. I already submitted my eoi and got 65pts last july 18….

    If i am able to lodge our pr visa within 60/90 days and a bridging visa will be given to me, kindly clarify what will happen if 60/90days comes up? Do i need to exit australia before i lodge my pr visa?

    Given the situation above, should i lodge my pr visa onshore or offshore – which is better?

    I just want to move on and focus on making a better future for me and my family.

    I would greatly appreciate whatever help/advice you can give me. Thank you very very much.

    Reply
    1. Peng Cheng Post author

      Hi Sharmaine,
      1. May I ask how long can i still stay in Australia – is it 90 or 60 days now? 60 days applies to 457 visas granted on or after 19 Nov 2016: http://www.minister.border.gov.au/peterdutton/2016/Pages/457-visa-changes.aspx
      2. Do i really need to notify DIBP about my new circumstance now or is it the employer’s obligation to notify DIBP? If ever, how soon should i have notified DIBP? You don’t have a legal obligation to do this.
      How would i know if my employer already notified DIBP that i am no longer connected with them? Sorry but you won’t be able to obtain this information due to privacy.
      3. Unfortunately, I still hadnt gotten a new sponsor until now. I was dismissed last july 17. So I am planning to lodge my pr visa (including my spouse & daughter) as soon as the invitation comes out. I already submitted my eoi and got 65pts last july 18….
      If i am able to lodge our pr visa within 60/90 days and a bridging visa will be given to me, kindly clarify what will happen if 60/90days comes up? Do i need to exit australia before i lodge my pr visa? I think that the Department would just let you stay here on your 457 visa until your PR is decided – based on prior experience anyway. Whether your 457 visa is cancelled will depend on the discretion/assessment of the compliance team.
      Given the situation above, should i lodge my pr visa onshore or offshore – which is better? You can lodge onshore if you want to remain in Australia, although you may not be able to work until your PR is granted unless you find a sponsor.
      PC

      Reply
    2. Sharmaine

      Thank you so much Peng… Greatly appreciated…Thank you..

      Just want to clarify again re question #3.. I am very wary that DIBP might issue a breach of 457 visa condition 8107 even after i have lodged our PR visa onshore within the 60 days and that DIBP would eventually cancel my 457 visa after 60days since i dont have new job/sponsor.. Thus, this might result into negative consequence to our PR application because visa is cancelled due to violation of my 457 visa condition. Kindly enlighten or correct me on this Peng?..

      Thank you very much.

      Reply
      1. Peng Cheng Post author

        I don’t think that 457 cancellation wouldn’t impact a general skilled visa application.
        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

        Reply
      1. Davinder

        Hi, peng. I was on 457 visa but now i got my permanent resident visa 6 months ago e.g. April 2017. Can i leave my employer if i want to do a different role somewhere. Thanks

        Reply

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