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. These exceptions are explained in detail in this post.

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.

Professional Assistance

Need assistance with an Australian migration law matter? Please contact me if you require professional assistance.

See the feedback that we have received from our clients.

261 thoughts on “10 Useful Things to Know About Your Australian 457 Visa

  1. susan

    Dear Peng

    For a 457 holder to be eligible to apply for a 186 or 187, does the 2 year work requirement have to be with the same employer? For example if a holder of 457 has worked in a nominated position for 12 months and takes up employment by another sponsor in the similar nominated position will the time worked for the first employer count towards the 2 year period??

    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Susan,
      As stated in the above post: 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.
      PC

      Reply
  2. Frank

    Hi Peng,
    What would happen if I refuse to sign a new contract for a reduced salary? What would happen if they terminated my employment or if I resigned?
    Can the company cancel my visa? Do I have no choice but to accept it?

    Reply
    1. Peng Cheng Post author

      Hi Frank,
      I can only advise you from a migration law perspective, there may also be contract and employment law issues.

      If you can’t come to an agreement with your employer and they terminate your employment (or if you resign), they will need to notify DIAC and DIAC may need to cancel your visa due to breach of condition 8107.

      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 28 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.

      You do have the option of trying to find another employer to take over the sponsorship.
      Thanks
      PC

      Reply
  3. barry

    Hi Peng,

    I’ll Simplify it a bit, Can a start a business in Australia and do part time work on the side without breaching the Visa? While working for my sponsor of course…?

    Thanks again…

    Barry

    Reply
    1. Peng Cheng Post author

      Hi Barry,
      I would say no due to condition 8107. DIAC’s policy is:
      Unless a subclass 457 visa holder is working in an exempted occupation, see section 6 Exempted visa holders, they may not undertake secondary employment unless this work is:
      • undertaken for the sponsor
      • consistent with the position they were approved to fill and
      • incidental to their principal employment.
      PC

      Reply
  4. Allison

    My husband is on a 457 sponsored visa and I work for a regional University. Is there any way that I can apply for permanent residency now or do we still have to wait 2 years? When we are granted (fingers crossed) permanent residency is my husband still obliged to work for the same company or can he go to another employer?

    Many thanks

    Allison

    Reply
    1. Peng Cheng Post author

      Hi Allison,
      If you hold a dependant 457 visa, you can’t apply after 2 years of work – this pathway is only available to primary 457 visa holders.
      It depends on the PR visa that you or your husband obtains. For instance, if he gets a 186 visa, he need to certify that he intends to work in the nominated role for 2 years from the date of approval.
      PC

      Reply
  5. Michelle

    HiPeng
    I have a few questions and would greatly appreciate a response to either.
    l am on a 457 business visa and having difficulty with my employer l am currently looking for another employer as we speak.
    question is l have discovered that l am pregnant on reading about this visa is requires that l am always in employment, l am an allied health practitioner and l imagine that as from 5-6 months l will not be able to carry out my duties of going into nursing homes.
    my question is am l allowed to take 6 months off unpaid leave and return as require and will this be included in my two years or not?

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      Yes maternity leave is allowed for 457 visa holders.
      According to DIAC’s policy, this leave may be counted towards the ‘2 years’ of work as a 457 visa holder before applying under the Temporary Residency Transition stream: Periods of absence on leave to which the nominee would be entitled under relevant employment provisions (such as annual leave, paid maternity leave, paid sick leave) will be counted as time actually worked, for the purposes of this requirement.
      PC

      Reply
      1. Michelle

        Hi,

        Just an additional questions related to the above post. In you reply you state ‘ paid maternity leave’ will be counted as time actually worked. What if it is unpaid? There is nothing in my contract to state they will pay any maternity leave.
        Also, in relation to another post, i noticed an employer is not allowed to ask for fees back in relation to obtaining a visa. You listed the application fee in relation to this. My company are asking me to pay this fee anyway. Despite in my contract nothing saying about me covering the cost of this visa but clearly stating I would need to cover the cost of the initial visa( working holiday visa). Can they make me pay this fee?

        Regards
        Michelle

        Reply
        1. Peng Cheng Post author

          Hi Michelle,
          I don’t think that you can count unpaid leave.
          They can’t recover costs for the 457 visa, but they can for the working holiday 417 visa. The obligation only applies to the 457 visa.
          PC

          Reply
  6. Sona

    Hello sir , i got my 457 visa march 2013 and now my employer tell me he is giving his business to someone for management may be he will change the business name so plz tell me if he will change the business name but abn same then its any effect on my visa

    Reply
    1. Peng Cheng Post author

      Policy states:
      If a sponsor (whether a standard business sponsor or a party to a work agreement) changes its business name but retains its original ABN:

      • this is not regarded as a change of sponsor because the legal entity of the sponsor has remained the same and therefore
      • a 457 visa holder continuing to work for the business would not breach 8107.

      Reply
  7. gurbinder

    Good Piece! but while being on a 457 visa, can the salary of the worker be increased without informing immigration authorities during the visa duration already granted.

    Reply
    1. Peng Cheng Post author

      Hi!

      Increases in salary are fine and can be done without obtaining DIAC approval (which would be through the lodgement of a new 457 nomination application). This is assuming that the salary is in accordance with the market rate requirement: http://myaccessaustralia.com/the-market-rate-requirement/
      You only need to information DIAC if the salary decreases from what is stated in the 457 nomination and visa applications. If this happens, a new nomination application is generally required.
      PC

      Thanks
      Peng

      Reply
  8. Tracie

    Can you employer refuse to new employer re 457? Do they need to know or can find out where I’m hopefully going to ( new employer)

    Can you speed up the nomination process, as my work has become untangable and effecting my health, I’ve a new employer who I’m so excited to join but they have only just started the nomination process.

    Hope you can help

    Reply
  9. Peng Cheng Post author

    Hi Tracie,
    Your current employer can’t stop you from changing to another sponsor, but you may have certain contractual obligations to fulfil when you exit. Your employment contract will specify what kind of notice you need to give when you resign. A nomination application, assuming that its complete, will generally get processed within 2-3 weeks – which is pretty quick. Your employer can submit a submission to try and speed up the process, but the process is already pretty quick in itself.
    Thanks
    PC

    Reply
  10. Joseph

    My company, an aged nursing homes sponsored me from nz.I have a visa now 457 .I started Dec 2011.I have an employment contract with them but theres no specific date in my employment contract ( just states about fairwork act).Can they block me from resigning because i am not really happy anymore with the policies and the people around me.Please reply .Thanks

    Reply
    1. Peng Cheng Post author

      Hi Joseph,
      You’ll need to check your employment contract in relation to how you can terminate your employment (or the relevant section of the Fair Work act if it refers you to that). But your visa is a work visa so if you resign, your employer will need to inform DIAC and DIAC may need to canel your 457 visa eventually. 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 28 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.
      Thanks
      PC

      Reply
  11. Jack

    HI Peng,
    Im on a 457 at the moment and have been for about 6 months. I have two questions.
    The first is how long do i have to work on my 457 until i can work for a different company (in the same role). I read somewhere i have to work for 2 years with my original sponsor before i can change. I this correct or can i look for other work now?
    The second question is if my employer wants to make me work the full 4 years of the 457 visa before sponsoring for the permanent residency visa, is there anything i can do? IE can i do anything to get them to sponsor me after the minimum 2 years (in a legal sense) or would i just have to ask them to and if they say no then just ride out the full 4.

    Thanks for any feedback, Great site!
    Jack

    Reply
    1. Peng Cheng Post author

      Hi Jack,
      You can change employer at any time as long as your new employer has standard business sponsorship and take over as your 457 visa sponsor. You can’t really make your employer sponsor you for PR, its really at their discretion. So completing a certain period of employment with them, whether its 2 or 4 years, doesn’t mean they have to sponsor you.
      Thanks
      PC

      Reply
  12. Steve

    My employer is treatening me that i will have to pay the fees and cost of employing me (flights, 457 visa, serviced appartment, ….) when I resign. This because I have not worked for them for 2 years. Can they to that?

    Reply
    1. Peng Cheng Post author

      Hi Steve,
      For the visa application fee, no they can’t reclaim this cost. They are actually prohibited from doing this. Not sure about the other costs, these may depend on the terms of your contract.
      Thanks
      PC

      Reply
  13. Susan

    Hi Peng, my husband is on a 457 visa and we have applied for ENS Perm Res but no decision from DIAC yet. We have been in Aus for 2 yrs and 1 month – what would happen should my husband leave his job? Will we have to reapply for PR? Will he have to look for a company that will sponsor him on another 457 only?

    Reply
    1. Peng Cheng Post author

      Hi Susan,
      If he leaves before his visa is approved, then he should withdraw the application because he no longer meets the eligibility requirements. He will need to find an employer that can take over his sponsorship for his 457 visa.
      Thanks
      PC

      Reply
  14. Fiona

    Dear Peng,
    Fantasic information on here!
    Hopefully you can help me.
    My partner (we are not married-no children) is set to have a visa (457 i believe) through employer sponsorship as automotive technician. Can I go with him in this visa? Do we ask the employer to apply for me also or can I only apply myself once he has his visa? Will I be eligible to work even though my job is not on skilled list?
    We want to get married but are in no rush to do so but would marriage make any aspect of our application easier?
    Finally would an employer prefer to sponsor a single person rather than me also or would it make “no difference” to them?
    Sorry to bombard you with these questions! I can’t find the answers anywhere else.

    Reply
    1. Peng Cheng Post author

      Hi Fiona,
      If you meet the eligibility requirements, you can be included as a dependant on his application. You need to be included in his visa application. If you have a 457 visa as a dependant, you have unrestricted work rights. You don’t have to wait until you are married, you need to meet the requirements for inclusion of a de-facto partner. Your partner’s employer will need to take on certain obligations if they are to sponsor you as well, but I haven’t seen any employer take issue with this before.
      Thanks
      PC

      Reply
  15. diyana

    Hi Peng,

    My husband is applying for visa 457. If he would not include me and our daughter in the application, is there any possibility that he would be able to get us later? If so, how soon could he apply for us? what visa should he use to do so? Could he do this independently?

    Reply
    1. Peng Cheng Post author

      Hi Diyana,
      If you and your daughter meet the eligibility requirements, then he can add you as dependants to his 457 visa, but the company would need to agree to this. You can do this once he gets his 457 visa.
      Thanks
      PC

      Reply
  16. Samhita

    I got my 457 visa in dec 2012 approved and got an invitation to apply for the 189 visa on skillselect also. Do I need to inform my employer if I intend to apply for 189 visa?

    I will be joining my new employer on 4 Feb, 2013. Can I submit my 189 visa application and continue to work for my employer?

    Reply
    1. Peng Cheng Post author

      Hi Samhita,
      You don’t need to advise that you are applying for a 189 visa, but eventually you will need to inform your current employer if you get your 457 visa – just so your employer knows that it is no longer subject to the relevant 457 visa obligations that previously applied.
      PC

      Reply
  17. Robbie

    Hi Peng,

    I currently hold a valid 457 until June 2016. My employer made me redundant before Xmas but fortunately I found another employer willing to take on my 457 and has lodged the nomination application in December although the nomination is for a different role than I am currently sponsored.

    Above you mentioned to someone that your new employer must lodge a nomination before you can commence working for them. Does this mean that I can commence working once the nomination application has been lodged or must I wait for the application to be approved.

    Thanks,

    Robbie

    Reply
  18. PAUL

    Hi Peng

    I am trying to work out whether I will have to have a health check as part of my 457 visa application.

    As a UK citizen I am categorized by immigration rules as low risk of TB and would therefore not need a medical check / chest x ray

    On the other hand, the rules also state that checks are needed if you ‘have spent more than 3 consecutive months in the last 5 years’ n a high risk country.

    3 yrs ago I spent 4 months living and working in Thailand (a country rated as high risk). However, after 2 months I left Thailand to visit Burma / Myanmar. I returned to Thailand the same day. Both counties are classed as high risk.

    I am hoping that as I interrupted my stay in Thailand (albeit for a few hours) and entered another country It will be understood that I did not spent 3 consecutive months in a single country.

    What do you think? I do not want to mislead immigration and put my application at risk yet I am keen to avoid further delay. How would this be viewed? Does entering another country and having you passport stamped mean that your stay is not consecutive?
    thank you!!
    Paul

    Reply
  19. Benadette

    Hi peng,

    I am trying to work out whether my family and I need to have a health check as part of our 457 visa application, as we want to provide all this info together when we submit our application so we dont delay the process – so the question is

    1. what do we need to provide regarding heath check?
    2. how long is the 457 application process?

    We have lived in the Uk for ten years, however myself and my daughter hold Zimbabwean passports, but im married to a british citizen who is the primary applicant for the 457 visa.

    Zimbabwe is categorized by been high risk, we havent been out of the country since we arrived for 3 consecutive months maybe just for 2 weeks.

    My daughter is 14 years old.

    thanks again for you advice on this

    regards
    Benadette

    Reply
  20. Jo

    Hi Peng,

    I am currently on a subclass 457 as the primary visa holder and my husband (who has been a dependent on that visa) is now thinking of applying for a 457 as well; as his company is keen to sponsor him. If I’m listed as his wife and dependent on his application, what will it mean for my own visa status? Will my status change to dependent and no longer primary (particularly in terms of work rights)? Or will the change only occur if I were to leave my job and not find another sponsoring company in 28 days?

    I look forward to hearing from you – thanks in advance for your help! Appreciate all you’re doing with this site, it’s extremely helpful.

    Jo

    Reply
    1. Peng Cheng Post author

      Hi Jo,
      Just don’t include yourself in his application – your details may be required but you don’t need to be included in the application. If he gets approved, he will hold a 457 visa as the primary holder, and you’ll continue to hold your 457 visa.
      PC

      Reply
  21. Joanne

    Hi peng

    I am employed on a 457 visa covering materinity covet for 1 year. 6 months into my contract my company is restructuring and moving to a new address. The employee contract is changing for the girl I am covering for eg her title from senior designer to designer and job description which I don’t know the details of. They have told me I can stay on my current contract even tho it states the wrong job and location. I’m a bit worried they haven’t looked into this properly. Please can you advise me

    Reply
    1. Peng Cheng Post author

      Hi Joanne,
      If the role has changed significantly, then your employer may need to lodge a new nomination application before you can work in that role. Don’t think a change of location matters.
      PC

      Reply
  22. Tia

    Hi Peng,

    I am currently on 485 and my visa expires in 2 months time, my company is happy to sponsor me through 457, is it true that according to the new rules I have to leave the country if my current visa is expired and 457 decision is still pending?

    Also If I wish to go from 457 to 190, do I have to wait until my 457 application’s decision is made or can I apply while the decision is still pending?

    Thank you for your help.

    Reply
    1. Peng Cheng Post author

      Hi Tia,
      Depends – if you have a bridging visa that is associated with the 457 visa application, then you can remain here and wait for a decision.
      You can lodge a 190 application once you are eligible – but you might not be able to apply while you hold a bridging visa, so may have to wait until your 457 is approved.
      PC

      Reply
  23. Becky

    Hi Peng, firstly thank you for all the great information you provide here.

    We are in Australia on 457 visa my partner was sponsored by his company. We have been here almost 1 year and are really struggling both financially and mentally with the way my partner is being treated at work. A decrease in his pay due was made to re location (which he did not want), he is constantly being swapped around on different rosters making it impossible to pre book flights etc. All the constant changes are resulting in us being out of pocket and having to spend more and at the moment we are just scraping through the months. I am very concerned and stressed out and we feel like we have no option but to go back to England. When we initially arrived on the visa we were fine but over last year we have been so messed about. My partner has tried applying for other jobs but they all want permanent visa holders. He has asked his company if they will nominate him but they won’t. It really feels like he is being treated unfairly and we are not sure of our rights. Nobody else in the company has been messed around as much he has he is feeling rather discriminated against. Please can you offer any advice as to what we can do is these very tough times of hardship. It has cost us all our savings to settle here and the company just keep making it more difficult for us to survive here. They have no interest in our well being and situation. My partner is worried to leave as he is struggling to find another company who will take on the visa.

    Please help us

    Reply
    1. Peng Cheng Post author

      Hi Becky,
      I can only advise you from a migration law perspective – as temporary visa holders, he need to continue working in that role if you want to remain here as 457 visa holders. You might know that already. He can maybe look into applying for PR on a 189 or 190 visa – no employer sponsorship required. But while he holds that 457 visa, you might be stuck in that situation. I can’t say much about his mistreatment at work – this is not really a migration law issue.
      Hope that helps.
      PC

      Reply
      1. Becky

        Thank you for your prompt reply. Yes i know he will have to stay in his role unless another company will take over the sponsorship so we can stay. Highly unlikely this will happen from all the job searching we have been doing as they are all for permanent residents. Just seems so unfair that companies can treat 457 holders in this way. We would never have come here if we had of foreseen that the company where to mess my partner about all the time. Surely it is wrong. In a way its like my partner was brought here under false pretencies and now we feel trapped. Hopefully i can get some more advice somewhere we really just don’t know what to do or even what our rights are :-(

        Reply
  24. Rinky

    dear peng

    I have applied my 457 visa in december 2012, and today my nomination just got approved. can you please tell me how long it takes to get 457 visa granted after nomination? and how much surety is there? i am very tensed with my visa. please help me. thanks

    Reply
    1. Peng Cheng Post author

      Hi Rinky,
      Maybe 1-2 weeks. The nomination approval only confirms that the role is sponsorable – you still need to meet the eligibility requirements for the visa.
      PC

      Reply
  25. Eve

    Hi Peng. I am currently with employer X and have been offered a position with employer Y. Employer Y are prepared to transfer the sponsorship and have said that in order to do so, I need to ensure that employer X are prepared to release me from my current sponsorship visa with them. Is this correct? And if so, what does my current employer need to do to do this? Thank you

    Reply
    1. Peng Cheng Post author

      Hi Eve,
      You just need to notify your current employer that you intend to leave – and serve your notice period.
      PC

      Reply
        1. Sumit

          Hi Peng,

          I am currently working for emp A and got an offer from emp B.
          Emp B has already filed a nomination to transfer the visa. Once teh visa gets transferred, will emp A get notified ? Will emp A also get to know who my new employer is ?
          Please let me know.

          Reply
          1. Peng Cheng Post author

            Hi Sumit,
            As far as I’m aware, DIAC won’t notify the former employer. This should be done by the employee.
            PC

  26. Ros

    Hi Peng
    I’m on a 457 visa I was just wondering how guaranteed the salary stated on the visa is? I’m paid an hourly rate, and at the moment I don’t get enough hours to reach the salary I was guaranteed, furthermore there doesn’t seem to be enough work available for me to reach the salary stated on my visa. Was just wondering what happens if I don’t get the salary are there any penalties for my employer I’ve heard they can be ‘stripped’ of their sponsorship – does that mean I get sent home. I’ve left a steady job and moved my family over here at considerable cost.
    Many thanks for your help.
    Ros

    Reply
    1. Peng Cheng Post author

      Hi Ros,
      Your employer’s obligation is to pay your salary in accordance with the approved nomination – so you should be paid your GAE. Honest I’m not sure what DIAC would do if anything.
      PC

      Reply
  27. koneko

    Hello,Peng.
    I was 457 then applied ENS TRTstream in september 2012, then,457expired December, currently I am BVA, ENS decision turned out as invalied application…. Because the nomination was pre july2012, my application was post july. In this case, not applicable for TRT stream,only can apply for Direct entry.But even DIAC people gave me the wrong information before my application, “if you have 457 and work for over 2years, eligible for TRT stream. Thats why I applied, but that was invalied application.

    My case officer adviced me to have a new nomination under TRT stream within 28days but Now, I am BVA, so I can’t apply for new ENS TRT stream ( which must have 457), So, now I need to have another 457. My option is schedule3 or off shore for application 457. Do you think which is better?
    But I am not sure if my schedule3 reason is accepted by DIAC or not….Is it difficult schedule3 is accepted by DIA?.

    Also I have another question. If off shore, can I apply 457 in the second time under the same employer?

    Could you give me your advice please?

    Reply
    1. Peng Cheng Post author

      Hi Koneko,
      For schedule 3, its discretionary – you need to sure that there were circumstances outside of your control. You can try this if you want – I’ve had DIAC accept my schedule 3 submission in a situation that was similar to yours, but can’t guarantee that DIAC will exercise discretion in your favour.
      And the other option is to lodge offshore – you can supply with your current employer if the eligibility requirements are met.
      PC

      Reply
  28. Anil

    Hi Peng,

    I have 457 visa valid till 2017. I have one query on this. When I applied for this visa that time I mentioned my work location as Melbourne, now I am getting assigment in some other city (with same employer). Am I eligible to work on this 457 visa? If yes, then do I need to do some other formalities make it work.

    Reply
    1. Peng Cheng Post author

      Hi Anil,
      Policy states:
      Where there is a change in circumstances, the sponsor should notify the department to discuss options. These options may include the lodgement of new applications eg if an employee was sponsored to work in a different location.
      So your employer needs to notify DIAC and they will decide whether any action is necessary. I can’t predict what DIAC will require.
      PC

      Reply
  29. Edward

    Hi Peng,

    I’m a UK citizen who will be applying for a overseas company to sponsor and nominate me in Australia on a 457. Do I need a chest x-ray, as I won’t be doing any jobs involving healthcare or with kids and I wasn’t living for more than 3 months in a country with the need for chest x-rays. My agent says from her experience, never mind the 1163i information form, all her 457s need them, but immigration said no! Who should I believe?

    best regards

    Edward

    Reply
    1. Peng Cheng Post author

      Edward – if the health matrix indicates that a chest x-ray is not necessary, then I don’t know why your agent is asking you to do this. I think that this is a matter for you to discuss with your agent. I don’t get all my 457 visa applicants to complete chest x-rays.
      PC

      Reply
      1. Edward

        Dear Peng,

        Thank you for your fast response. Next time I need a visa I will ask you to do it!

        My agent has now said that I don’t have to do it – it’s at my risk – and they can ask me once they start processing my application to get one done, so I will proceed without.

        Br,

        Edward

        Reply
  30. Paul Smith

    Hi,

    Great website and very useful :)

    I have been granted a 457 but I would also like to be able to undertake some freelance work. In order to be paid for this freelance work is need to apply for an ABN. Is it possible for me to do this whilst on a 457, I don’t particularly want to complicate things but I have no idea how I can undertake and get paid for freelance work (design).

    Many thanks,
    Paul

    Reply
    1. Peng Cheng Post author

      Paul,
      I don’t think you can do this due to condition 8107:
      Unless an exempted 457 visa holder – see Exempted visa holders – may not undertake secondary employment unless this work is:

      • undertaken for the sponsor
      • consistent with the position they were approved to fill and
      • incidental to their principal employment.

      Exempted professions are in the medical field.
      PC

      Reply
  31. james

    Hi Peng

    I have done my studies in Australia, and am a qualified cook. currently on a 485 visa, and want to apply for 457 visa.

    My question is Do i need a skills assessment from TRA before applying for the visa, or my AQF certficates are enough?
    thank you

    Reply
  32. Anu Cha

    Hi Cheng,

    I am currently on 457 and going to apply 189 visa within a week time. I have a newly born daughter who is one month old and currently not holding any visa. Please confirm , whether she needs to be on 457 as my dependent or I can directly include her into PR application. We need to travel overseas in couple of months so I am wondering what Visa she should be holding to travel outside of AUSTRALIA.

    Thanks,
    Anu Cha

    Reply
    1. Peng Cheng Post author

      Hi Anu – You need to add your new born to your 457 first – after you obtain a passport and birth certificate, and a letter of support from the company.
      PC

      Reply
  33. Pooja

    Hi Peng,

    I am in India and my employer filed 457 for me. The project I was about to send for got cancelled and even though I am holding a 457 valid till 2016, I never moved to Australia. Now on the basis of that 457 can I start looking for a new job and that 457 can still be used or my new employer will have to file a new 457?

    Thanks in advance.
    Pooja

    Reply
    1. Peng Cheng Post author

      Hi Pooja,
      As explained above: 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.
      If you want to perform a different role or change to a new employer, a 457 nomination application for this change is required.
      PC

      Reply
  34. John Briones

    Dear Peng,
    I’m working here in Australia under a 457 VISA for about 1 year and half. Now my current employer is planning to sale the business and my role will be transferred to a new owner, what needs to happen to ensure that i can continue working for the new owner under the same 457 VISA? How long does it take to complete these transfer of sponsorship?
    Appreciate your response

    Thank you
    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      If your employer changes its ABN with its change of ownership, then I think that a new business sponsorship is required, as well as a nomination for you to change your sponsor to the new entity. DIAC usually processes such applications within 4-8 weeks of lodgement.
      PC

      Reply
  35. lou

    Hi,
    2 questions if you can help .

    1st question if your on a 457 visa can you swap employers as in leave one company and join another ?

    2nd question . If you quit your job if you were on a 457 visa can you apply for a 417 visa?
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Lou,
      1) 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).
      2) You need to be outside of Australia when you apply for the 417 – but yes, you can obtain a 417 to replace your 457 visa.
      PC

      Reply
  36. Sudhir

    Hi Peng,

    Nice to see all your replies.

    I am on 457 and working here in Australia from Oct 2012. I still have more than a year left.

    Meanwhile I also got my wife a 457 dependent visa as she automatically qualifies.
    My wife is also in austrlaia now doing some odd jobs.

    I am planning to apply PR 189 in my wife’s name. She qualifies for the points 65 under 189.
    I will be her dependent for PR 189.

    1. What I want to know is if I become a dependent 189 PR do I also have equal rights?
    2. Is there any difference if I apply for 189 or if my wife applies? I guess it is same for both of us.?
    3. I will notify my present employer that I am a PR once my wife gets 189 PR. Hope legally there is no issue as my wife is free to apply for 189 even while we are under 457?

    Reply
    1. Peng Cheng Post author

      Hi Sudhir,
      If you both get your 189 visas, then you essentially have the same rights. You are not obligated to inform your employer that your wife is lodging a 189 application.
      PC

      Reply
  37. Emma

    Hi Peng Cheng,

    I have an enquiry my brother’s have a 457 visa issue by his employer 5th October 2012 but unfortunately he’s still in Philippines and not been able to work here in Australia and his employer email to him that they will in touch with him but thats already 2 mos ago and never heard from them and he heard from his friends who work in the same companyy that they hiring a worker here in Australia already is there any thing that we can do for that?

    Reply
    1. Peng Cheng Post author

      Hi Emma,
      He is allowed to travel to Australia on that 457 visa – except he is only allowed to work for his sponsor. He can’t really force the employer to give him the position.
      PC

      Reply
  38. Dani

    Hi Peng,

    This website has heaps of info, thanks a lot for patiently answering the questions, they really help! Hope you can also have a look at my concerns :)

    I’m currently looking for a job and I think a hospital’s willing to sponsor me for a 457 visa but they’re still waiting for a full-time position to be vacant. While waiting for that,
    1. is it a good idea to apply for another visa that leads to permanent residency, e.g. 189/190?
    2. does the location (in Aus/home country) where I lodge the application have any bearing on my chances and processing time?

    Say Im already working in Aus on a 457 visa and my 189/190 gets approved as well,
    1. what are the implications on my existing 457 visa?
    2. am I still “tied” to the employer who sponsored my 457, or can I start taking on other jobs?

    I’m currently considering my options for P.R.
    1. 189 (independent) looks like a good option coz there doesnt seem to be any strings attached. is this really the case? what are the major drawbacks of this, compared with other PR options?
    2. what’s the difference between the 186 direct entry stream and the 189 independent?

    HUGE THANKS in advance!

    Reply
    1. Peng Cheng Post author

      Hi Dani,
      1) Suppose so if you are eligible.
      2) Yes – some visas need you to be inside, or outside of Australia at the time of lodgement – so you need to have a clear understanding of the requirements before applying.
      3) 190/189 will just replace the 457 visa
      4) No – 457 visa ceases
      5) Yes – You are not tied to any one particular employer
      6) Sorry Dani – don’t have time to go through all the differences. If you need such personalised and tailored advice, consider engaging my professional services: http://myaccessaustralia.com/professional-services/
      PC

      Reply
      1. Dani

        Hi Peng,

        Thanks so much for taking the time to answer my queries. You sound like a really credible source/advisor. Will get in touch once I decide to go ahead with the application. Appreciate your advice. More power!

        Kind regards,
        Dani

        Reply
  39. viks

    Hi Peng Cheng..
    Reading your forms triggered me you may help me in my situation.
    I have a sponser in Australia and i hv paper visa in my hand. Now Situation is …i have Visa from the Sponser in Australia but now something changed and at present job is not…

    My point of concern is..if this visa is still valid seeking other sponser or it’s just a piece of trash.

    In Short I have Visa but no Sponser and i am not in Australia. Can i use the same visa and find another sponser or this visa is mapped with the sponser and cannot be transferred, As i didn’t started the job with the sponser yet?

    Any help is appriciated.

    Reply
    1. Peng Cheng Post author

      Hi Viks,
      As explained above: 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.
      PC

      Reply
  40. Kris

    Good day PC

    I’ve been in Aus for 12 months so far on a 457 VISA sponsored by my current employer. Basically our employer added a part into our contracts where we work the relocation costs, agents & visa fees off over 4 years, pro-rata. Which means they expect us to pay this amount back, pro-rata, should we leave back to our country of origin or move to another employer within Aus. How does this relate to the excerpt from the 457 VISA Booklet 9 regarding our obligations as employees? Am I misinterpreting the excerpt below?

    “Obligation not to recover certain costs from a primary sponsored person or secondary
    sponsored person
    The sponsor must not recover, or seek to recover, all or part of the costs (including migration agent costs)
    from the primary or secondary sponsored person:
    • that relate specifically to the recruitment of the primary sponsored person, or
    • associated with becoming or being an approved sponsor or former approved sponsor.
    How long does this obligation apply for?
    This obligation starts to apply on the day the sponsor is approved as a standard business sponsor or the
    day the labour agreement commences.
    This obligation ends 2 years after the following 2 events have occurred:
    • the approved standard business sponsorship or the labour agreement ceases, and
    • there are no primary or secondary sponsored persons in relation to the sponsor.”

    Thank you kindly!

    Reply
    1. Peng Cheng Post author

      Hi Kris,
      Your employer may not necessarily be complying with its obligations – not all employers really understand all their obligations. But your understanding is correct that they cannot recover those costs that you have listed above.
      PC

      Reply
  41. Angus

    Hi

    Just checking – does the age restriction (below 50 at time of application) also apply for Direct Entry where the salary is above $ 180 K ? It appears to me that the only way of getting exemption on the age factor (other than specific professions) is to wait until 4 years are completed under the sponsoring 457 employer ? Is that correct ?

    If the sponsoring employer is part of a multi-national does service with another part of that multi-national (in another country) count towards the 4 years ?

    many thanks for your assistance

    Regards

    Angus

    Reply
    1. Peng Cheng Post author

      Hi Angus,
      That is the only way around the exception – 4 years of continuous work with the sponsor.
      PC

      Reply
  42. Raj

    Hi Peng,

    If I lodge the application for 190 straight after my 457 is approved in which case I will then be issued bridging visa, will I be able to work on my second job? or do I need to wait for the 190 visa to be approved?

    Thanks
    Raj

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      No because you will be holding the 457 visa until it expires – you can only work for your sponsor.
      PC

      Reply
  43. mandy

    Hi peng,

    I am on 457 visa for 1 year 6 months and my visa is valid for 4 years.
    now my salary was changed so my employer want to log a new 457 for me
    and i also applied for EOI i am expecting it on 1 st of July .

    my question is if my employer logged a 457 application if i get the invitation
    can i also apply for 189 is there any problem involved in applying both applying at same time

    Thanks
    Mady

    Reply
  44. Amit

    Hi peng, In 457 visa, if someone have completed his 18 months of work and wants to start his process ie. filing the nomination and visa application after. Is it possible? Or he needs to wait whole 2 year before he start. And also if employee don’t want to take his annual and sick leave than can it be counted in 2 years of work.
    Thanks for ur information.

    Reply
    1. Peng Cheng Post author

      Hi Amit,
      You need to satisfy the 2 year requirement at the time of lodgement – that is complete 2 years of full-time employment.
      PC

      Reply
  45. Paul

    Hi Peng,

    Just wanted to get your opinion on this, as I have struggled to find a previous case of someone in a similar position.

    I resigned from my role in Australia last year, having been on a 457 visa.
    It appears that my employer never cancelled the visa as it still shows as being valid.

    Can you comment on the feasibility of transferring the visa if I found another willing sponsor, and whether I would even be granted access to the country on this visa? ie would they be able to tell I hadn’t been working in the country for several months?

    Thanks,

    Paul

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      If your new sponsor can satisfy the nomination requirements in order to transfer your 457 visa sponsorship, then I think that this is possible.
      I can’t really answer your second question since I would only be guessing at what can happen.
      PC

      Reply
  46. Nelson

    Hi PC,

    My partner is on a visa 457 and she is unaware of the 8107 condition and working as an accountant and a part time job, what will be the consequence if immi found out she is working 2 jobs? I’ve ask her to stop her part time job for now.

    Thank you.
    Best Regards,
    Nel.

    Reply
    1. Peng Cheng Post author

      Hi Nel,
      Technically, non-compliance with your visa conditions can lead to visa cancellation.
      PC

      Reply
  47. Tania

    Hi Peng,
    My husband is currently on 457 visa & I am also in Australia working in the IT sector. It would be great if you can answer my questions given below:
    1. If my husband receive PR from Temporary Residence Transition stream after completing 2 years, will there be a bond or a contract (like a time period to work with the same employer) with the employer? and if so, what will it be?

    2. If I apply for PR through Skilled Independent visa with giving him as the secondary applicant, what will happen to his 457?

    Thank you very much in advance. It is amazing to see all the answers that you have given in here. Very helpful.

    Reply
  48. Stella

    Dear Peng,

    Thank you for your time and effort on this website. Your answers have been very informative. My question is relatively straight forward once you have a little background on our current situation…

    My husband has been on a 457 for >2years in the same role with the same sponsoring company. I am a Citizen of NZ and a PR of Australia established during the 80’s. I have 5 children (4 of which fall under my husbands 457 visa with the youngest being born here > 2years ago…currently holding a medicare card and I believe is eligible for Australian Citizenship once we apply).

    The question(s) that I have are …

    1. In your best opinion, what would be the quickest and most cost effective way for my husband and 4 children to obtain PR status?

    2. Is there an option for the children to apply for “Citizen by Decent” from NZ? What application process would I pursure if that was an option.

    Thank you again for your time and your advice in this matter. I look forward to reading you comments.

    Reply
    1. Peng Cheng Post author

      Hi Stella,
      1) If you have Australian PR, then your husband may consider applying for a partner visa with the children included as dependents.
      2) A child born in Australia automatically acquire Australian citizenship if at least one parent is an Australian citizen or permanent resident at the time of the child’s birth. Also have a read of this which explains when a New Zealand citizen may automatically be granted Australian citizenship: http://www.citizenship.gov.au/applying/how_to_apply/nz/
      PC

      Reply
  49. Iser

    Dear Peng

    Great website and service you provide to people, I hope you can help us too..

    The situation is this: My partner has been on a 457 for about 14 months, but we met when she had already been sponsored, and we now have been together 10 months.
    The first question is: can I become a dependant on her visa (as a de facto partner) even after her 457 visa application has been lodged and confirmed, also considering the relatively short time we have been together? (granting the employer agrees with this)
    If that would be the case, what happens to the dependant when the primary applicant reaches the 2 years of employment and applies for PR?
    We were told in NSW you can register a couple at the NSW Registry of Births Deaths & Marriages, does that help anything?

    The second question is: She’s now 4.5 months pregnant, and was told by her employer that they give discretionary maternity leave with pay, but won’t most likely pay a dollar for the time off she takes, can that be???

    Many thanks, looking forward to hear back from you!

    Iser

    Reply
    1. Peng Cheng Post author

      Hi Iser,
      You can apply as a 457 dependent visa applicant – you can apply and be added to your partner’s 457 visa. Generally speaking, you need to demonstrate at least 6 months of living together.
      You can be included in a PR application – assuming that you meet the requirements, you will also be granted PR.
      Registering the relationships serves as evidence of the relationship – it is not mandatory but is useful in terms of evidence.
      Sorry but I can’t answer your second question since this is not really a migration law issue.
      PC

      Reply
  50. KC

    Hi Peng,
    what a great site! My situation is that I moved here with my husband over 2 years ago and we are now getting divorced. We arrived in Feb 2011 and I was orginaly on his 457 as a spouse. After our seperation last year I moved onto my own visa in Sept 2012, and my company told me that my time on his 457 visa will still count towards my 2 years for PR application. However they are now advising me that it doesnt count as I was a spouse on a 457 – is that true? I have worked for the same company since arriving, so I thought that holding a 457 (regradless of type) would be sufficient. My company have given me incorrect information before, I am not sure what is actually correct!
    Many thanks

    Reply
    1. Peng Cheng Post author

      Hi KC,
      You can only count time as a primary 457 visa holder – you can’t count time while holding a dependent 457 visa. This is just how the law operates.
      PC

      Reply
  51. sounak

    Hi Peng,

    Great website! Hope you are able to help me.

    I was on a 457 visa in Sydney from August 2012. I quit the company in April 2013 and left Australia.

    I can still see on VEVO that my visa is valid (same has been confirmed by Australian High Commission in Delhi).

    Now, I have found another employer in Australia. They had applied for sponsorship nomination and it has been approved.

    Can I travel back to Australia on the same visa that I had as it shows to be still valid?

    Cheers,
    Sounak

    Reply
  52. Akshay

    Hi Peng

    I currently hold 457 visa since March this year, i want to ask you is ,what happens if the rules get changed for186 visa subclass like currently we have to work for 2 years and we need 5 Each In IELTS
    Will those changes effect me after 2 yers when i will apply for my visa 186 or not?
    As my Agent told me that i do not have to worry because i am under transitional visa and those rules will not affect me( if they get changed in 2 years of time)

    Reply
    1. Peng Cheng Post author

      Hi Akshay,
      If the requirements change, then you will need to satisfy the requirements as they stand on the date that you lodge the application. I am not aware of any upcoming changes to the 186 visa.
      PC

      Reply
  53. Jenny

    Hi Peng, am overseas and my fiancé is in Australia on 457 visa. We’ll be getting be married in December this year and he is returning back in January. Is it possible for me to go with him or i’ve to apply and wait!? I was thinking of applying for tourist visa and once there, lodge my 457 app as secondary app! Is it possible or is there any other way coz i really wanna return to Oz with him same day! Any help or suggestion would be great! Thanks a lot!

    Reply
    1. Peng Cheng Post author

      Hi Jenny,

      Hi Jenny
      If you have sufficient evidence and you meet the eligibility requirements for a de-facto partner, then you may want to consider applying now and obtaining the visa as soon as possible. But if you do not satisfy the eligibility requirements for a de-factor partner, then you may be able to apply as a spouse after you are married.

      It would depends on the conditions of your tourist visa – some tourist visas have conditions that prevent you from lodging another application while you are in Australia. So you will need to check the conditions of the visa that you are granted (this information may be available on DIAC’s website, under the specific descriptions for individual tourist visas).
      PC

      Reply
  54. Sudheesh

    Hi Pc

    I got the 457 visa on July 26th…

    I have applied on June 19th
    Medical completed on June 22nd
    Application processed further on July 21 and Visa granted on July 26th

    thank you for your support and encouragement

    Reply
  55. Rosana

    Hi Peng,

    My husband is a 457 visa holder and have worked on his company for more than 2 years now. We wanted to apply for a permanent residency however we were told that with his current age,( 57 years old), that disqualifies him for applying for a PR. Is it true? His company is very much willing to sponsor us with the PR, as his job is very relevant to their company.

    We had a talked recently with a migration agent that there is another option where we can apply for a PR, is thru employer nominated scheme however due to his age, he can only apply after 4 years,or after he has been on a 457 visa for 4 years on the same company? Is this information correct?

    Your advise is very much appreciated.

    Cheers,

    Rosana

    Reply
    1. Peng Cheng Post author

      Hi Rosana,
      I agree with that agent, in terms of how you would get the exemption from the age requirement – which is 4 years of work as a 457 visa holder:
      Persons holding subclass 457 visas, who have a) worked for their nominating employer for at least the 4 year period preceding the visa application and b) been paid at least the Fair Work High Income Threshold for each of these 4 years (this pathway is only available through the Temporary Residence Transition stream. You can use the Direct Entry stream for the above three exceptions)
      PC

      Reply
  56. Philip

    Hi Peng,

    All information in this website is really useful. Thank you very much for all of your answers.

    ———————

    My wife has been holding a 457 visa as an Importer / Exporter since May 2013.

    Last week, my wife’s employer offered me a fulltime Wholesaler position. He is also willing to sponsor me under ENS – Direct Entry stream.

    I have 3 questions as follow:

    1. Is it ok if both my wife and myseft are sponsored by the same company?

    2. Im currently holding a 457 dependent visa. Am I eligible to apply for the ENS – Direct Entry Stream?

    3. If I include my wife in the ENS application as my dependent and my application is refused, does it affect my wife’s current 457 visa status?

    Thank you very much.

    Phil.

    Reply
  57. Shay

    Hi Peng

    When applying for permanent residency and one dependant does not want residency, is it possible for the 457 visa holder and balance of dependants apply for residency?

    Thank you
    Shay

    Reply
    1. Peng Cheng Post author

      Hi Shay,
      That is possible. But once PR is granted to the primary 457 visa holder, the dependent 457 visas will cease, so that will leave that person without a visa.
      PC

      Reply
  58. Pacueto

    Hi peng,

    My wife got her dependent 457 visa last march 2013,its been 6 months and still she is in the Philippines, i just want to ask if there is a expiration or time duration that she should come here within this specific period or she can come here in australia anytime as long as my 457 visa is not yet expired.. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Pacueto,
      No there isn’t – she shouldn’t have any issues entering as long as her visa is still valid.
      PC

      Reply
  59. Ashley

    Hi Peng,

    Is it possible to be sponsored on a 457 Visa more than once?

    For example, when my 457 visa runs out after 4 years, could my company sponser me again on a 457 visa, thus giving me another 4 years? Or would i need to gain PR before the initial 457 visa ends in order to stay longer?

    Regards,
    Ash

    Ps – Fantastic site with some really useful info. Ive already learnt a lot that i wasnt aware of before i visited your site!

    Reply
  60. SR

    Hi Peng,

    I have been on a 457 visa for 3.3 years. However my current company is closing down and so I am being made redundant in December. Is there any way I can still apply for PR? Can my current company still apply for me even though they are closing down in a few months?

    Reply
    1. Peng Cheng Post author

      Hi SR,
      Your employer can’t sponsor you if the business is closing down.
      Have a look at the employer independent options like the 189, 489 and 190 visas.
      PC

      Reply
  61. Jastin

    Hi peng,
    I am an motor mechanic and on 485 visa , recently finished with my full skill assessment(TRA) I have 6 in each in ielts as well as 2 year work experience in same field , my employer is happy to sponsor me…. Is there any way so i can apply for 186 visa now?? Any way out so exempt the work experience ?? Any lo point for thing??

    Reply
    1. Peng Cheng Post author

      Hi Jastin,
      You need 3 years of experience for the 186 visa – the only exemption is if your guaranteed annual salary is $180,001 or above.
      PC

      Reply
  62. Ashley

    Hi Peng,

    My partner moved to Australia in February 2011 and began working for a company on his 457 Visa. I moved to Australia in May 2011 on a one year working holiday Visa. One year later in February 2012 we moved to a different area of Australia and he switched companies and I was successfully put onto his 457 Visa as a defacto (sponsored by his new company) I also began working for the same company. Unfortunately in April 2013 he was forced to resign from his role and the company offered to sponsor me for a 457 Visa so that we could stay in this area for a while longer. I now obtain a 457 Visa and he is on my Visa as a defacto. My partners salary was significantly higher than mine so us staying in this area is only temporary until he finds a new role elsewhere in Australia in his field of work.

    My question is: Can my partner get sponsored again and have 4 years on his Visa? Or does his Visa have only the one year and ten months left on it before it expires (which is not enough time for him to work for a company for two years and then apply for PR)?

    Your Great. :)

    Reply
    1. Peng Cheng Post author

      Hi Ashley,
      If he is sponsored, then he can apply for a new 457 visa which can be valid for up to 4 years. There is no limit on the number of 457 visas that he can obtain.
      PC

      Reply
  63. Marcus

    Hi Peng

    My partner has been accepted for a 457 visa and I will be moving on her visa. However once we are in Oz could I apply for my own 457 visa or 189? If yes could my partner then move onto my visa and hence not be restricted by being the main 457 visa holder? Would there be any restrictions for doing this?

    If not, we would most likely try for the 189 visa before moving but this process and timeline seems less clear as you have to wait to be invited to apply. Is this right?

    Many thanks
    Marcus

    Reply
    1. Peng Cheng Post author

      Hi Marcus,
      However once we are in Oz could I apply for my own 457 visa or 189?
      Yes.
      If yes could my partner then move onto my visa and hence not be restricted by being the main 457 visa holder? Would there be any restrictions for doing this?
      No – as long as you meet the requirements for the visa.
      Yes you need an invitation to apply for the 189 visa.
      PC

      Reply
  64. mary

    Hi Peng

    I am currently on a 457 visa with the same company for over a year now. There is talks that the salon will be closing in the near future. The girl I work beside and another girl are going to move the salon and make it our own we will b going into partnership 3 ways changing the name etc. Can I b part owner but still stay on my 457 and nominate them as a new employer or do I have to sponsor myself? And if I do change them as my new employer do I have to do two years again before i can apply for residency?

    Thank you,
    Mary

    Reply
    1. Peng Cheng Post author

      Hi Mary,
      It is possible to be sponsored for a 457 visa for a business that you partly own. The new business would need to apply for Standard Business Sponsorship, and lodge a nomination application to take over the sponsorship for your 457 visa.

      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. Employment with a different 457 visa sponsor can’t be counted towards the two years. You need to have been working in the role that you will be sponsored for under the Subclass 186 visa application for at least 2 out of the last 3 years (excluding periods of unpaid leave).

      PC

      Reply
  65. Reets

    Dear Peng

    First and foremost, thanks for this artcle and the subsequent threaded comments. The cvonversations between you and others is quite an eye operner and isd geared towards herlping the vbisitoirs to your site.

    I have a query and hope you’ll be able to advise.

    I am on a 457 dependent valid till 2017. I want to register and own a business ( IT training and consuilting) undrr my name. Can I do that when I am on a 457 deperndent? I have got a personal TFN as well. Can my spouse who is primary become a partner?

    Appreciate your insighhts.

    Regards,
    Reets

    Reply
    1. Peng Cheng Post author

      Hi Reets,
      You can as a dependent 457 visa holder. A primary 457 visa holder can only work for their sponsor, and only in their nominated role.
      PC

      Reply
  66. Rahul

    Dear Peng,
    Seeking for your kind advice here.
    Below is my current situation:
    – I am in 457 valid until June 2014. I am primary on this application and my wife is dependent.
    – I have lodged my 189 application last Tuesday 4th Dec 2013. My wife is primary in that application and I am dependent.
    – Before lodging the application, my wife travelled to home country on vacation. Soon I will also be travelling there.

    My questions are:
    – Once we both granted a BV A, will it be cancel our 457?
    – Will my BVA expire once I leave Australia?
    – In my wife’s case since she is not in Australia, it will cancelled state since beginning, is that right?
    – Since my wife is 457 dependent, I heard somewhere that her 457 cancels out as soon as she lodges a 189 visa application. Is that true?
    – While re-entering Australia, can we BOTH re-enter on visa 457 or my wife needs BV B for this?

    thanks
    Rahul

    Reply
    1. Peng Cheng Post author

      Hi Rahul
      1. No, your BVA will not result in the cancellation of your 457 visa. Your 457 visa will take precedence over your BVA and remains in effect until the 457 expires.
      2. Your BVA will expire if you leave Australia
      3. Your wife will still have a valid 457 visa and it will not be cancelled by her 189 visa application.
      4. You both can return to Australia before June 2014 on your 457 while it is still valid. If after June 2014 your 457 has expired and you are still waiting on your wife’s 189, at that time you may need to apply for a BVA (assuming that the previously granted BVA expired due to you departing Australia).
      PC

      Reply
  67. Vikram Shah

    Hi PC
    I am on 457 and have got redundant on 15th Nov-13 after 22 months of employment. I am trying to hunt another job within the 90 days duration. Employer has refused the nomination under ENS.
    Can I make ENS direct entry application? as I have got the positive skill assessment. What are the alternative options?
    Regards,
    Vikram Shah

    Reply
    1. Peng Cheng Post author

      Hi Vikram,
      You do need your employer to sponsor you for an ENS application. You can’t do this application independently.
      PC

      Reply
  68. Karin

    Hi Peng

    If you have signed a contract of employment and all your visa paperwork has been handed in and awaiting visa approval, can your employer then decide not to give you the job anymore?

    Regards,

    Karin

    Reply
    1. Peng Cheng Post author

      Hi Karin,
      The employer can change their mind and withdraw the sponsorship. If this occurs, then the Department cannot approve the visa. The applicant can either withdraw the application, or the Department will refuse the application.
      PC

      Reply
  69. DR

    Hi Peng,

    I am currently a 457 visa holder working towards my 189 PR application. I am hoping to receive an invite to apply for the visa this coming Monday (2nd monday of the month) and eventually obtaining the visa end of this month or early Feb. I’m thinking of moving to another hospital by March. I’m just not sure how to go about resigning in my current work if I get accepted in the other hospital because the letter of offer that I signed states, “Your engagement for a period of 4 years is in line with your visa sponsorship and conditions for a specified time frame.”

    So if I get the 189 PR visa soon, does this cancel out my 457 conditions and the 4 years specified in the contract? Can I go to another employer without worrying about violating any obligations to the employer who sponsored me? Thanks very much.

    Sincerely,
    DR

    Reply
    1. Peng Cheng Post author

      Hi DR,
      If the 189 visa is granted, it will replace your 457 visa. So from a migration perspective, you can work for any employer once you are granted a 189 visa.
      However, you may have other legal obligations, such as under contract law to serve out a specific period of notice.
      PC

      Reply
  70. Dennis

    Hi,

    thanks in advance for your help!

    I’m currently sponsored (457) by employer A and I’m going to start a new role with employer B. As far as I understand it, employer B needs to make a new nomination for me, before I can start working there. So I will have some weeks (2-5?!) between my current employment end (resigned) and my next employment, right?

    My girlfriend is also on my visa currently and I understand that her work rights are connected to mine. What happens to her work rights during the time, when I’m waiting for my new nomination to be processed? Can she still work?

    Thanks a lot,
    Dennis

    Reply
    1. Peng Cheng Post author

      Hi Dennis,
      Yes you need to wait for nomination approval before you can start working.
      Your partner can continue to work during this period.
      PC

      Reply
  71. Oryt Diesel

    Hi.
    We have had our 457 visa cancelled already, me and my husband are now on a bridging visa E while we wait for the approval of the 489 family sponsored visa.
    We will also be approved of an amendment of one of the conditions in the bridging visa (which is NO Work) on the last week of February because of evident financial hardships. So we will resume work once it has been approved to support ourselves.
    Question:
    Do you know how long it would take to process and get an approved 489 visa?
    Once the 489 visa is approved are we mandated by law to transfer ASAP to the specified region on our visa? or are we given 1-3 months to do so?
    I am having difficulty because once I get approved of the work rights I will resume work but my fear is that once we get approved of the 489 visa, as an ethical and professional gesture I would also like to render a 30 day notice to my employer, but if once of the conditions of the 489 visa is to transfer ASAP to the specified region then I wold be forced to resign with immediate effect. By the way my job is in Darwin, NT but the Visa 489 Family Sponsored Visa if it gets approved will only allow me to work in WA.

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Oryt,
      Do you know how long it would take to process and get an approved 489 visa?
      The Department will take around 3-6 months to process the application.
      Once the 489 visa is approved are we mandated by law to transfer ASAP to the specified region on our visa? or are we given 1-3 months to do so?
      I don’t think that there is a specific timeframe by which you need to make the move.
      PC

      Reply
  72. Piyush Kumar shah

    Hi Peng,

    Currently I am on 457 visa which is valid till june 2016. I am looking for another job and got new sponsor as well.

    My question is :
    Can my new employer start nomination process for transferring 457 sponsorship once I put my paper and start serving notice period of 28 days with my current employer ?

    What will happen if my new employer does not receive approval notification before my last day with current employer ? Do I need to get Bridge visa for the period between last in current employer to till sponsorship is transferred to New employer ?
    — In that case Would I be with NO visa till the the time sponsorship is transferred to New employer ?
    — In that duration( from last day in current employer to till sponsorship transferred ) Would I be paid by my New employer or I would be with No Work/No salary situation ?

    Please advise

    Thanks
    Piyush

    Reply
    1. Peng Cheng Post author

      Hi Piyush,
      Can my new employer start nomination process for transferring 457 sponsorship once I put my paper and start serving notice period of 28 days with my current employer ?
      That is fine.

      If the nomination is not approved by the time that you end your employment with your current sponsor, then your 457 visa continues to be valid and you will remain on this visa.

      Your 457 visa is subject to condition 8107 – this condition requires you to remain employed in your nominated role with your sponsor. If your employment ceases, then your employer is obligated to notify the Department.

      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 the Department may issue you with a Notice of Intention to Consider Cancellation. However, if your new employer has already lodged a new nomination application, then the Department is unlikely to take any action against your visa as they would be aware that you are transferring your sponsorship.

      PC

      Reply
      1. Piyush Kumar shah

        Thanks Peng for your promt and quick response. Its very helpful.

        One small doubt .
        How long it take for immigration departement to disconnect ( dont know any other word :) ) my visa with old employer once old employer notifies department that I have no more with him ( during this period my new employer would be in prcoess for nomination for transfer of sponsorship) ?

        If my old employer notifies to department immediately and if that time my nomination is in progress then Would I be with NO visa till the the time nomination is approved ?

        Please clarifiy.

        Reply
        1. Peng Cheng Post author

          Hi Piyush,
          The Department will be aware once they are notified.
          Your 457 visa will remain valid, and if a 457 nomination application has been lodged, you will remain on your 457 visa while the Department is processing the nomination application.
          PC

          Reply
  73. Izy

    Hi! I have few question.
    1st. I have 457 visa valid till 2014 December. My company apply for the nomination number for permanent residency. How long is the process to receive this number?
    2nd. I am electrician I work under supervision for more than 3 years can I apply for permanent residency or I need the electrican license? I have mor than 15 years experience in electrician in Europe and mor than 3years here! And I have a craft certificate from TRA bat is not enough for the license!
    Many thanks
    Izy

    Reply
    1. Peng Cheng Post author

      Hi Izy,
      1. Say around 3-6 months.
      2. If you are applying for employer sponsored permanent residency and you need licensing to work in that particular profession, then you need to demonstrate that you hold appropriate licensing or registration
      PC

      Reply
  74. andiwest

    Hi peng

    Iam already a permanent residence,and now I finish already my 2 years contract,the problem is.my sponsor is plan to terminating me and he told me their was some problem of my document,what can I do,it is possible to cancelled my PR,?

    Reply
    1. Peng Cheng Post author

      Hi Andi,
      If you have already completed 2 years of work following the grant of your PR, then I don’t think that the termination of your employment will affect your PR.
      PC

      Reply
  75. Czarina

    Hi peng

    My sponsor want me to take all my documents copy,and he really want me to terminate,perhaps Iam already finish my contract and I’m already permanent Resident and I planing to submit my resignation latter because he’s not a good sponsor he did not paid my Overtime as well,aside from that he did not follow the salary indicated an the agreement,what should I do,

    Reply
    1. Peng Cheng Post author

      Hi Czarina,
      If you hold a 457 visa, then I refer you to the above:
      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.
      PC

      Reply
  76. Binu khanal

    Hi,

    My husband had been sponsored and through which we are in 457 visa and recently company bought onather restaurant and both are getting merged and because of which abn number will be changed..in July it would have been 2 years and we could have applied for permanent residency, so what should we do now? Will it affect our time for applying permanent residency? Do we need to go through whole process again?

    Thank you
    Looking forward to hear from you
    Binu

    Reply
    1. Peng Cheng Post author

      Hi Binu,
      If the ABN changes, then generally speaking the 2 years does reset and you would need to complete 2 years of work with the current employer. As stated above:

      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.

      PC

      Reply
  77. Vanitha Sudhakar

    My hubby is currently in 457 visa in sydney. I need to relocate to sydney in dependent visa.

    a. May i know how many days will it take to process my dependent visa
    b. I am an IT professional having 7 years of experience working currently in India . I wish to work after i relocate to Sydney. Will i be able to work in dependent visa in Sydney and if yes will there be any restrictions in choosing employer

    Please help me with my queries

    Reply
    1. Peng Cheng Post author

      Hi Vanitha,
      a. Say 2-4 weeks from when you lodge
      b. You have unrestricted work rights – you can work for anyone
      PC

      Reply
  78. raj mahra

    Hi Peng,
    Your information is of great help.
    I have a question. I am on a student visa (SVP) and finished my masters here. Now I m eligible for 2 yrs post study work visa as per svp rules. However, my agent didn’t include my wife’s and daughter’s name at the time of student visa application even after after giving him my dependents passport copy and marriage certificate. I want them to accompany me in australia as I cannot live without them. I have to apply for post study work visa within two months. Should I include their name in the application. Your opinion greatly appreciated. Please help. Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      If you are applying for a post-graduate study student visa, then you should be able to include your family members.
      PC

      Reply
  79. Ankit

    Hi,

    I am currently holding Aus work visa (457) and I have resigned from my current employer, who sponsored my work permit. I have applied for converting it into dependent 457 visa as my spouse is already in Australia. I want to fly to Australia on my current visa and then by the time I will get my dependent visa done. However, I am not sure what will happen if my current employer files cancellation once I have reached Australia. Will I be asked to leave? or shall I notify DIAC about the scenario? Pls suggest.

    Thanks much.
    Ankit

    Reply
    1. Peng Cheng Post author

      Hi Ankit,
      If you visa is a dependent 457 visa by the time that you want to enter, then you won’t have any issues with entering as long as the visa is valid.
      PC

      Reply
  80. leo

    Hi,
    My wife and I are on a 457 visa but the employer is breaching the visa obligations if you ask me , but I dont want so say anything because I am scared to loose our 457 visa.
    Now I am planning to look for another job who can offer me a 187 visa, which my current employer refuses as well.
    I have a termination period of 3 months!! And the procedure takes around 6 months.. what can we do.
    Should I quit my job as we know I found a new job and get the procedure started? So that leaves me 3 till 6 months without work.
    And can my wife just work wherever she wants what she is doing now as well? Even if I quit my job on 457 and wait for 187 visa to be approved if I find a new sponsor?
    Thank you so much,
    Ali and leo

    Reply
    1. Peng Cheng Post author

      Hi Ali and Leo,
      While you remain on your 457 visa, the primary 457 visa holder can only work for their sponsor. Even if you lodge a 187 visa application, you will remain on your 457 visa and you can only work for your current sponsor – that is just how the law operates, and it can leave it out of work.
      Dependent 457 visa holders have unrestricted work rights – she can work for anyone as long as she holds a 457 visa.
      PC

      Reply
  81. matthew

    Hi,

    I have read all of these comments and must say you have been very helpful

    My partner is on a 457 visa but we are looking at her quitting soon. Is there any difference between her quitting compared to being fired as far as the 90 days before having to leave the country and having the employer cover the flight home as in does quitting nullify these things.

    Also as far as minimum guaranteed salary levels how does that work for termination of contract if you hadn’t been paid the minimum so far?

    Thank you so much for any help
    Matthew

    Reply
    1. Peng Cheng Post author

      Hi Matthew,
      Reason for ending employment doesn’t impact the 90 days, or obligation to pay for return flight.
      You can inform the Department of the potential breaches, but I don’t think that the Department can help with getting back payments.
      PC

      Reply
      1. Matthew

        Thank you for that Peng.

        Yeah the reason we are looking at my partner quitting is they want to take away part of her pay if she isn’t hitting a target by putting down the hours that are equivalent to whatever gap in the target as unpaid annual leave

        Reply
  82. suman

    Hi
    I have read all these comments and I must say u have been very helpful .
    My hubby is on primary 457 visa and I m on dependent
    457 visa.now I want to do study .it is a 2 years course . Can I study when
    I am on dependent visa ??? Or I have to inform the immigration department about
    It ???

    Thank u so much

    Suman

    Reply
  83. Johnny

    Hi Peng,

    Firstly, thanks for the service that you provide it has been very helpful.

    My question is this: I have been recently made redundant from my position and held a 457 visa. I am now within the 90 day period to find another job and have been fortunate enough to do so. My new employer will sponsor me and transfer my 457 visa for me which I understand will take a couple of weeks. During this time I would like to have an overseas holiday. Can I do this on my existing 457 visa and can I re-enter the country whilst my new 457 visa is still being processed or do I run the risk of my original 457 visa being cancelled whilst I am outside the country? If this were the case how would I re-enter the country?

    Many thanks

    Johnny

    Reply
    1. Peng Cheng Post author

      Hi Johnny,
      If the new employer has lodged the 457 nomination application already, then the Department shouldn’t cancel the visa since they know another sponsor is taking over. But if they haven’t and you are outside of Australia, the Department can cancel your visa if they know that you have ceased employment.
      PC

      Reply
  84. Sarah

    Hi Peng,

    Firstly Thank you so much for answering everyone’s questions.

    If you could answer me also will really be appreciated.

    My question is – my husband is on 457 through Indian company working
    On a project in Australia. I am on dependent visa.

    His Indian company is moving him to another country,
    Can I still work in Austria even after he leaves?
    V both have 4yrs visa.

    Pls help.

    Reply
    1. Peng Cheng Post author

      Hi Sarah,
      A 457 visa holder can only work for their sponsor – he can return to work in Australia but only for his sponsor. Another employer/sponsor will need to take over his sponsorship if he wants to return to Australia on that visa and work for a different employer.
      PC

      Reply
  85. Michelle

    Hi Peng,

    Just want to commend you for answering everyone’s questions. The thread has been very helpful. :)

    I have a few questions though. I’m currently on a dependent 457 visa (my Father has the primary visa) and will be graduating from my master’s degree soon. I’m also turning 25 by the end of the month. So the questions are:

    1. Will I lose my visa after I graduate/turn 25?
    2. If not, can I apply for a job in Australia? Are there limitations on which jobs I can take? I’m assuming that if I work full-time as an IT professional, the annual salary will definitely not make me a dependent.
    3. If I won’t lose the visa but can’t work in Australia full-time, can I go back to my home country and work full-time there? Will that make me lose my visa?

    At the moment, I won’t be able to get a skilled 189 visa on my own because 1) I’m 9 months short of the 2 year work experience requirement needed by ACS so that they can assess my Bachelor’s degree, 2) My master’s course is only 1.5 years so it won’t count points towards the Australian Requirement either.

    My case seems so unique that I can’t find any information on what I should do. I hope you’ll be able to help me.

    Thanks in advance!

    – Michelle

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      1. No
      2. You can work FT – dependent 457 visa holders have unrestricted work rights
      PC

      Reply
      1. Michelle

        Hi Peng,

        Thanks for the reply.

        Does that mean that I can stay in Australia until 2016 (the expiry date of our visa) without having to worry about immigration? I only have to worry after 2016 as this would be when immigration would check my eligibility again?

        Thanks!

        – Michelle

        Reply
  86. Jaswinder singh

    Hi peng,

    I have my 457 granted on 6 June 2012. I m just willing to lodge my 186 application.
    I have taken 11 weeks holidays in the two years time but they are all paid
    I have thinking of lodging my application on 19 th June 2014. Do I need to wait more or
    I m eligible now to apply ??
    Pls I m confused. Pls help me thanks.

    Reply
    1. Peng Cheng Post author

      You need to complete 2 years of full-time work as a 457 visa holder in order to apply under the TRT stream. Paid annual leave can count.
      Up to you to determine when you have completed 2 years of work.

      Reply
  87. Ash

    Hi,

    My question is about 457 and secondary (additional) employment and/or volunteer work while you remain in your Primary (sponsored job). I’ve seen different interpretations of Condition 8107 on various websites & agents, some saying Yes and others No. Referring to: http://www.immi.gov.au/allforms/pdf/books9.pdf , Condition 8107 states:

    Condition 8107 requires that as a primary holder of a subclass 457 visa you must:
    • work in the occupation for which you were nominated
    • commence that work within 90 days of arrival in Australia
    • obtain any registration or licensing necessary to perform your occupation in Australia
    • work for the sponsor, or an associated entity of the sponsor, who nominated the position you are
    working in, and
    • not cease employment for a period of more than 90 consecutive days.

    The above tells you WHAT ONE MUST TO but NOT what NOT TO DO. If one meets all the conditions as laid out above with in their primary occupation as laid out in 457, can they:

    1. Have a secondary part time employment?
    2. Or work as a volunteer?

    Thank you!
    Regards,
    -Ashish

    Reply
    1. Peng Cheng Post author

      Hi Ashish,
      1. second job is not allowed.
      2. volunteer work is allowed: Under policy, voluntary unpaid work for charity organisations is not considered to be a breach of 8107 provided it does not affect the ability of the UC-457 visa holder to work in the nominated position on a full-time basis. In view of the sponsorship obligations that apply to the sponsor, however, the visa holder is expected to get the agreement of their sponsor.
      PC

      Reply
  88. Sudhakar Ethirajulu

    Hello,

    Not sure if this is the right forum, but I am putting my question. If possible please clarify.

    I am in a 457 Visa working in Information Technology field. I am planning to apply for a Permanent residency in Australia under independent visa 189. I have completed my Post Graduation. But my full time eduction is only till Diploma. My Graduation and Post Graduation are in distance education. Will they consider my Graduation and Post Graduation while calculating the points in PR?

    Reply
    1. Peng Cheng Post author

      Hi Rujbir,
      Can’t determine her visa eligibility just based on the above information but the last remaining relative visa is no longer an option.
      PC

      Reply
  89. Al Wayson

    Hi Peng.

    I came to Australia on a sponsored 457 Visa 2 years ago because of unique skills – it was the first job of its kind in this country. I came from a country where the salary offered to me here was attractive, but I didn’t realise the cost of living was so high. I don’t know how my employer calculated my salary or what they compared it with. For the most similar position I can find my salary is $50,000 lower than median market rate and $100,000 lower in some cases. At the moment there is a less senior position advertised locally which pays more than I earn. I have received no increase in the two years I have been here. Can I ask my company or the visa authority what comparison was used 2 years ago and is there a way I can claim a salary increase retrospectively if it turns out the company did not offer me a fair salary when they hired me?

    Regards

    Al.

    Reply
    1. Peng Cheng Post author

      Hi Al,
      If you think that you are being paid at below the market rate, then your employer may be breaching its obligations and you can consider reporting this to the Department. But this can have adverse consequences for your employer, and also your visa. Breaching employer obligations can lead to cancellation of sponsorship and 457 visas.
      Maybe consider speaking with your employer about this.
      PC

      Reply
  90. Nizamudin

    Hi,
    I am in 457 dependent (Spouse Visa) any restrictions to work in Australia.
    My wife is the primary applicant she is working as a IT software test engineer and we are having visa till 2016.

    I applied for a job my employer is asking about the work restriction for my visa.
    Please help.

    Thanks,
    D.Nizamudin

    Reply
  91. K

    Hi,

    Firstly, thank you for being so proactive in responding to everyone.

    About me, I think I have a very peculiar situation.

    I relocated to Australia and have been in Australia in 457 for 1 year and 2 months working for my sponsoring company.

    My company had put a clause in my offer that I need to commit to 2 years of work with them else the relocation costs like one way air fares, 4 weeks initial accommodation, MARA agent fees and visa fees will be deducted from my final pay. I would also have to pay for my own airfares if me and my wife need to return back to my home country.

    I had originally planned to live in Australia for longer than 2 years but due to family commitments, I most likely need to return back to my home country for an extended period of time. Ie 6 months or even more than an year.
    my company may be willing to allow me to work remotely as I had done that for 1yr prior to relocating to Australia.

    I have an extremely healthy relationship with my company and don’t want to burn bridges.

    My questions are

    1. Can a 457 holder be out of the country for 6+ months or an year and still be able to return back to join work with the same company later ?

    2. What would the company need to show as my employment status during this time that I am outside the country ?

    3. In the event that the company decides to terminate my employment inside the 2 year contract time, can they enforce the repayment of visa, agent, relocation, accommodation fees ? If so, how should I approach this matter.

    Reply
    1. Peng Cheng Post author

      Hi,
      1. In theory you can return as long as the visa is valid, but if you are away for 6 months or more, the Department may ask you questions on the way back. They may want to find out whether you are still working
      2. Suggest that they retain these records in case the Department asks for this
      3. No this would be a breach of the sponsor’s obligations
      PC

      Reply
      1. K

        Thanks for your response.

        Regarding 1, doesn’t a 457 visa employee need to work full time ? If so, wouldnt a prolonged leave of absence conflict with this rule ?

        Regarding 3,
        Can they enforce such clauses in the original offer of employment ?
        Can they enforce the repayment if I decide to terminate the employment?

        Thanks
        Kedar.

        Reply
        1. Peng Cheng Post author

          1. Only when the visa holder is in Australia. 457 caters for a lot of multiple national companies where employees move around and work in various FT roles
          3. I suppose they can as a matter of contract law since it is part of your employment contract. But as I said, it would be a breach of employer’s obligations. Maybe let them know and they won’t enforce the terms of the contract

          Reply
  92. Beth

    Hi I’m just wondering if you can help me. I am de facto on my partners 457 and would like to study. The course in looking at is for beauty therapy, I would like to know if our relationship was to end while I was still in study do I have to leave or can I apply for a student visa while here?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Beth,
      If you hold a EU passport, then you should be able to lodge a student visa application while you are in Australia.
      PC

      Reply
  93. Jimwel S Dubduban

    Hi peng,

    Thanks for this wonderfull website for 457visa holders, i have some questions i hope you can help.

    1. I am on 457 visa as Power Generation Plant Operator but my salary is below compared to the Australian doing the sam job,What can i do with this?

    2. I am planning to bring my family here for 1 month vacation only..What are the requirements for them?

    Thanks and God bless,
    Jimwel

    Reply
    1. Peng Cheng Post author

      Hi Jimwel,
      1. Suggest that you speak with your employer about their obligation to provide equivalent terms.
      2. 600 visa may be appropriate for that.
      PC

      Reply
  94. Georgie

    Can a family from overseas waiting for a 457 Visa access disability funding for their child also born overseas?

    Reply
  95. Lisa Rapple

    Hi Peng,

    My partner is the primary holder of the 457 visa which got granted in January 2014 and I hold the dependent one granted March 2014. We found after my visa was granted that i was pregnant and i am now inquiring as to whether or not i am entitled to PPL from Center Link, a request from my current employer. I have been in Australia since May 2012. All my research so far has pointed that i will not be entitled to pay from Centre Link unless i hold a special visa, but not sure if 457 falls into that category.

    Also a question about PR. When my partner applies for PR in two years time, can he add me and his child onto this after the grant date or when he is filing for PR.

    Thanks,
    Lisa Rapple

    Reply
    1. Peng Cheng Post author

      Hi Lisa,
      Not sure about the first question since this is not migration law related.
      Yes he can include such dependent family members.
      PC

      Reply
  96. Shrikanth

    Hi Peng,
    Firstly I would like to thank you for all your suggestions given above.

    My wife is now in Australia with 457 Visa. Even I’m planning to move there with Dependent 457 Visa. If I get a job there can i continue working even if my wife leaves Australia but still works with the Visa sponsor?

    Reply
    1. Peng Cheng Post author

      Hi Shrikanth,
      Dependent 457 visa holders have unrestricted work rights, and can work as long as they hold a valid visa.
      PC

      Reply
  97. Shiela Marie

    Hi, my husband has been granted a 457 visa last 2012 however the company that sponsored him does not hire him until now. My question is, can we apply as immigrant? His visa would expire on February 2016. And if it deemed necessary for him to cancel his visa, what would he do? Thank you in advance.

    Reply
    1. Peng Cheng Post author

      Hi Shiela,
      He actually needs to work in Australia for 2 years before he can apply under the TRT stream.
      If his role in Australia ceases, then the Department will eventually need to cancel his visa. He can try and find another sponsor to take over the sponsorship of his 457 visa.
      PC

      Reply
  98. Nana Chang

    Hi Peng!

    Can my husband (457 dependant) work overseas while I am in australia working for my employer?

    Is there any restriction in regard to the time that he can work overseas?
    This work opportunity is for about 6-8 months. Can he go there and come back without any problems?

    Thanks a lot for your reply!

    Reply
  99. Shoaib Nawaz

    Hi,
    I have been on a 457 visa since November 2013 but right now I am not in Australia. I was in Sydney for 20days (Dec 2013 to Jan 2014) but due to some family issues, I return back to my country. I am continuously working for my current employer from here so my question is can I apply for PR or it’s really necessary to live in Australia for two years and then apply for PR. What will happen to my current visa 457 if I apply for Direct Entry Stream from outside the Australia. My 457 visa still valid or it freeze.
    Please confirm me and advance thanks for your support.

    Reply
    1. Peng Cheng Post author

      Hi Shoaib,
      Lodging a PR application from outside Australia shouldn’t affect your current 457 visa. If the PR is granted, it will just replace your 457 visa.
      Completing 2 years of work as a 457 visa holder and applying under the TRT stream is just one want to obtain PR – there are other visa options for obtaining PR.
      PC

      Reply
  100. rishi

    Hi pc

    I have lodge my 457 visa file i have granted nomination and for visa case officer have request for medical and medical insurance only but it’s been 2 month now after submitted my medical and insurance what are the reason they not grant my visa yet or normally take that much time ?or did they cheking more in my application ???

    Reply
    1. Peng Cheng Post author

      Hi Rishi,
      We can’t really explaining the Department’s processing – they would be checking any number of things. Suggest that you contact your case officer of you have concerns about the processing of your application.
      PC

      Reply
    1. Peng Cheng Post author

      Hi Raj,
      That is OK, but you can’t work for any other employer but your sponsor since you hold a 457 visa.
      PC

      Reply
  101. nadine

    hello!

    My boyfriend is on a 457 skilled migrant temporary visa. He was thinking about enrolling in a TAFE course part time. is this possible? can he ask his employer to now only work part-time hours? or do you have to work full-time on a 457 temporary visa. Is he allowed to go to school? I know family is able to, but i wasnt sure about him.
    If his employer agrees would he be able to do all of this?

    Reply
    1. Peng Cheng Post author

      Hi Nadine,
      While he is allowed to study in his own time, a 457 visa holder should be working on a FT basis.
      PC

      Reply
  102. Russ

    Hi Peng,

    Great website and comments, these have been very helpful!

    I was wondering if you might be able to provide some advice, I’m an Australian citizen and my partner is from the USA on a 457. She is unlikely to be sponsored for her Temporary Residence Transition for reasons unknown to us, and we will be lodging a partner visa shortly. As her 457 is due to expire in May 15 and she will be placed on a Bridging Visa after that, will the BV allow her to change employers under 457 conditions, or will it lock her into whichever employer is listed on her 457 with no possibility of change?

    Any advice you can provide would be very appreciated.

    Kind Regards,

    Russ

    Reply
    1. Peng Cheng Post author

      Hi Russ,
      Even if she lodges the partner visa, she will still hold the 457 visa while it is still valid and she should be subject to the conditions of the 457 visa. Her bridging visa only comes into effect after her 457 visa expires.
      PC

      Reply
  103. alex

    Hi Peng,

    Great information on here, thank you.

    I am currently on a 457 visa and have been offered a role (same as my current role) with a different company who is already an approved 457 sponerer. I haven’t accepted the role but the company have put in an application to transfer my 457 visa and have said if it’s approved I can accept officially. Once the transfer is approved do I then have a choice which company I chose? Or does it automatically transfer to the new company once approved?

    Many thanks.

    Reply
    1. Peng Cheng Post author

      Hi Alex,
      As explained above, a 457 visa holder can only work for their current approved sponsor, unless you are serving out your notice period after terminating your employment.
      PC

      Reply
  104. Divya Teja

    Hi Peng,

    I have a query regarding Dependant 457 work and stay in Australia.

    I currently hold a 457 Visa sponsored by my employer and my husband holds a 457 Dependant Visa.
    I am currently working for my employer in Melbourne, however, might need to return back to my country (on work purpose) and come back. Can my husband still continue to live and work in Australia, irrespective of whether I am in Australia or not?

    Your help is very appreciated ..

    Thanks,
    Divya

    Reply
    1. Peng Cheng Post author

      Hi Divya,
      Yes dependent 457 visa holders can continue to work as long as they hold a valid 457 visa, even if the primary visa older is outside of Australia.
      PC

      Reply
      1. Divya

        Thanks Peng for the prompt reply. Will this hold good for study as well? Are there any additional restrictions for work and study ?

        Regards,
        Divya

        Reply
  105. Ailyne

    Hi, I was sponsored for 857 visa as Enrolled Nurse. I have signed 3 yrs contract for full time work. March next yr will be my 2nd yr working with my employer. Last month, the company who sponsored me sold their companies including my workplace, I am just wondering if I am still bound on the same contract even though there was changing of companies? Also I am already an Australian citizen, pls enlighten me. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Ailyne,
      I don’t think that you are under any obligation to work in any particular role. You have citizenship now so you can work for anyone.
      PC

      Reply
  106. Antonia Beddoes

    Hi there,

    I am currently on my husbands 457 visa (our second one). I have been working with the same business for 4 years consecutively. We are looking to start a family very soon and want to know if I would be covered by state maternity pay as my employer does not contribute to maternity pay.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Jonathan,
      The exempted professions are mainly to doctors and their various specialisations. Sorry I don’t have a link.
      PC

      Reply
  107. ranjitha

    hi Peng

    I currently hold a 457 Visa sponsored by my employer and my husband holds a 457 Dependant Visa.
    I am currently working for my employer in Melbourne.
    My husband is coming to Melbourne this month, can he get a good job here, good as in .. he is currently working as a senior Quality Analyst in my home country.
    if he comes to Australia is it possible to get a same job profile with 457 dependent visa or companies will not be willing to take him as he holds 457 Dependant Visa ?

    Reply
    1. Peng Cheng Post author

      Hi Ranjitha,
      Dependent 457 visa have unrestricted work rights, as confirmed in their visa grant notifications as there are no conditions preventing such a visa holder from working.
      PC

      Reply
  108. Elsa

    Hi Peng

    I have just been though your comments that are really helpful. However I still have some questions.
    I am under 457 and would like to leave my company ASAP! I know that I have 90 days to find another employer ready to nominate me. Do you know if while I am looking for something else I am allowed to do temporary jobs that would be different from the what I am doing now ? Besides my partner is under my visa, do you know if is still allowed to work for his company?
    Thank you so much Peng
    I hope I will her from you

    Reply
    1. Peng Cheng Post author

      Hi Elsa,
      Primary 457 visa holder can only work for an approved sponsor, so you can’t just take up any part-time job. Dependent 457 visa holders have unrestricted work rights while they hold this visa.
      PC

      Reply
  109. Jorge

    Hi Peng,

    I’m working and living in Australia with my wife on a 457 Visa for 17 months. For personal reasons we need to go overseas for a 6 months period and then return back to Australia and apply for permanent residency. If my employer doesn’t cancel my Visa (and he agrees with that) is it possible for us to do this or do you reckon we’ll have an issue with the immigration department?

    Thank you Peng.

    Regards,
    Jorge.

    Reply
    1. Peng Cheng Post author

      If your employer agrees to this, then you are allowed to have a 6 month break in your work and then return to Australia. The Department will only act to cancel the visa if the employer informs the Department that you have ceased employment.

      Reply
  110. Divyesh

    Hi Peng

    I live in Australia. I applied my 457 visa on 28 June 2013 and made contract for two years with my employer. Then, I got approval my visa on 8 November 2013. Meanwhile my case officer wants contract copy from my employer. My employer submitted revised contract letter with case officer in October. So, could you please tell me when I am eligible to put my PR file. For eg. 28 June 2015 or 8 November 2015?

    Please also consider this detail. I worked 3 weeks only 30 hours per week. So, Is that included in two year time frame or I have to work 3 weeks more?

    Thank you very much!

    Waiting for your early reply.

    Regards,

    Divyesh

    Reply
    1. Peng Cheng Post author

      Hi Divyesh,
      For the purpose of the TRT stream, you can only count time working as a 457 visa holder on a FT basis.
      PC

      Reply
  111. Rebecca

    Hi

    I think this site is great, lots of usual advise.

    My Visa 457 is currently going through with my company who have decided to sponsors me, however since my application has been logged my employer has become unbearable to work with and I would like to move, once my 457 visa is granted can I immediately start looking for a new employer who will sponsor me?

    Kind regards

    Rebecca

    Reply
  112. Celine

    Hi there,

    Really good article, thank you, that’s gold!

    I was still wondering a thing:
    I have a 457, been leaving in Australia for more than 1 year, working as an IT consultant.
    I’ll soon be sent on a mission in Europe to support the London team during few months.
    Is there a restriction on the period of time you can stay out of the territory?
    for eg, the visa is cancelled if we stay more than 90 days overseas or is there an impact on the time before you can apply for the PR?

    Couldn’t find anything speaking about that yet, so any idea would be appreciated :)

    Cheers!

    Reply
    1. Peng Cheng Post author

      Hi Celine,
      There is no limit on the time that you can spend outside of Australia, and the Department generally does not take any action just because you are outside of the country for a few months. Generally speaking, the Department will only take action if they are informed that you have ceased employment.
      If you are outside of Australia for a very extended period of time, say over 6 months, then the Department may question you at the airport in relation to whether you still hold a job in Australia (which is required if you hold a 457 visa).
      Time spent working outside of Australia probably won’t count towards the TRT stream.
      PC

      Reply
  113. Dun

    Hi Peng,

    I am currently on a 457 sponsored as a Social Worker Anzsco 272511.

    I now want to become a recruter and transfer my job to another approved sponsor (Recruiter Anzsco code 223112). would this be possible on the same visa that I am on? (The company are an approved sponsor and that role is approved with them).

    I would still meet the requirements to fulfill this role (I have a Bachelors Degree which is needed to be a recruiter Anzsco code 223112 under a 457 in Australia).

    Does the fact that it has a different Anzsco code present a barrier?

    If I have to move job do I have to stay as a Social Worker? Or is it possible to take a different career path on a 457 visa?

    I do meet the requirements to do this job.

    Thanks

    Dun

    Reply
    1. Peng Cheng Post author

      Hi Dun,
      It is possible to be approved under a different ANZSCO and move to a different role, if you have the qualification or work experience to work in that role.
      PC

      Reply
  114. BoB

    Hi Peng,

    I am actually holing my 186 Visa since couple of months, but the business where I am working is lately getting worse and worse and we are losing customers, due to lack of experience of the staff, the boss is never present.
    I am doing my best to keep the business alive (and also finish my 2 yearsto work with them) but it seems like it won’t last a long. So my qyestion is, what happen if they close? Am I losing the rights of my Visa and my Permanent Residence?

    Thanks a lot for what you are doing

    Reply
  115. tom

    Hi Peng,
    I’m on a 457 visa with my employer (which is a charity funded by govenrment) where my visa finishes on Jan 3rd 2015. We however have been given funding to carry on till the end on Jan 2015 now. Is it possible to extend a 457 visa for 30 more days or would I have to reapply for a 457 all over again just for those 30 days?

    Thanks,
    Tom

    Reply
    1. Peng Cheng Post author

      Hi Tom,
      You would need to apply for a new visa – it is not possible to extend the validity period of the current visa.
      PC

      Reply
  116. Natalia

    Hi,
    I am on a 457 and I am pregnant. I will be working for the same employer a 1 year and 3 mos until giving birth and going on maternity leave for 12 months. Would I be eligible to apply for permanent residency at 2 year mark since the visa was granted while on maternity leave?

    Reply
  117. James Turner

    Hi.
    Im hoping you can help,
    Im a Graphic designer. Which has been sponsored by my company as an ICT Project Manger (http://www.abs.gov.au/ausstats/abs@.nsf/Latestproducts/7F69EDFAC48B7D3DCA257B960020A809?opendocument)
    Im trying to figure out if I can take a Web design or Graphic Design Role if I change employer.
    I understand the the new employer has to complete the nomination and I do not have to re-apply for my visa if the role is the same (is that right?).
    But if my role changes to Web designer for instance do I also need to apply for my visa again.
    In short if I change company and Change role. Do I need to do the hole process again.
    Is it passable for a company to hire me as a designer with an ICT Project manager visa?

    Any advice would be great.

    Cheers
    James

    Reply
    1. Peng Cheng Post author

      Hi James,
      No you don’t have to apply for a 457 visa again. The employer can just lodge a 457 nomination application, which will be approved if you have the qualification or work experience to work in the nominated role:

      ICT MANAGERS plan, organise, direct, control and coordinate the acquisition, development, maintenance and use of computer and telecommunication systems within organisations.
      Indicative Skill Level:
      In Australia and New Zealand:

      Most occupations in this unit group have a level of skill commensurate with a bachelor degree or higher qualification. At least five years of relevant experience may substitute for the formal qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification (ANZSCO Skill Level 1).

      PC

      Reply
  118. Viviana

    Hi,

    I was wondering if you could help.

    I am working as an accountant at the moment, working 30 hours a week. I want to get 5 points for one year experience for 189 skilled independent visa.

    However, I was not sure if

    1). 1 yr part time (30 hours/week) still counts as a 1yr working experience.

    2). Does paid annual leave count towards 1 yr experience? (according to ur replies above it seems to be)

    Thank you very much for ur time :)

    Reply
    1. Peng Cheng Post author

      1). 1 yr part time (30 hours/week) still counts as a 1yr working experience.
      Extract from DIBP website: To claim points for skilled employment you must have, in the 10 years before you were invited to apply, at least 20 hours of paid work per week in your nominated skilled occupation and/or a closely related occupation.

      2). Does paid annual leave count towards 1 yr experience? (according to ur replies above it seems to be)

      Yes

      Reply

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