10 Useful Things to Know About Your Australian 457 Visa

 

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

 

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

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

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

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

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

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

4) Hold appropriate  health insurance coverage

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

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

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

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

5) If you’re changing your role

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

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

Firstly, you need to ensure that your prospective employer is eligible to sponsor you for a 457 visa. This generally means that they need to hold Standard Business Sponsorship and that this sponsorship is valid (or that they are eligible and willing to apply for this). Your prospective employer will need to lodge a 457 nomination application and have this approved before you can start employment with them.

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

7) Changing employers and completing current employment obligations

As I stated in point 3 above, you can only work for your sponsoring employer and in your approved role. The exception to this is when you’re changing your employer and 457 visa sponsor. Even after the 457 nomination application for your new employer has been approved and your sponsorship has changed to this new employer, you can continue to work for your former employer and sponsor to ‘fulfil a requirement to give notice of termination of employment’. Basically, you’re allowed to fulfil the terms of your employment contract.

8) If you end your employment with your sponsor

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

If more than 90 days has passed since your last date of employment, then you are considered to be in breach of condition 8107 and DIAC may issue you with a issued with a Notice of Intention to Consider Cancellation. If you intend to lodge another visa application, then you can discuss this matter with DIAC and see if they can give you a little extra time to prepare and finalise the application (evidence supporting your claim that you will be lodging a genuine application may help you case).

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

9) Covering the cost of your flight to leave Australia

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

10) Applying for permanent residency with employer sponsorship

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

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

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

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

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

 

Alternative pathways to permanent residency

 

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

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

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

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

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

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

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

 

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

  1. Apurva Chiranewala

    Hi Peng,

    Firstly, thanks for your great post and willingness to respond to user queries.

    I am on a dependent (spouse) 457 Visa. Am I allowed to start my own business and register for an ABN?

    Reply
  2. Nav

    Hi Peng,
    My husband is on 457 visa and I am currently on Student visa & we both are residing at the same address in Melbourne. We are planning to apply for subsequent visa soon.
    How much time do you reckon it’s gonna take and what are the expenses for the subsequent visa ??
    Thanks

    Reply
  3. Mari

    Hi, just like to ask.. I am in 457 now and I already applied for 189.. While waiting for my 189 visa, can I work somewhere else aside from
    The employer who sponsored my 457?
    Thank you

    Reply
  4. Tobias

    Hi Peng,

    I’ve a 457 visa as defacto partner. When my partners contract ends, do I have to stop working the same day?

    Reply
  5. Clementine

    Hi Peng,
    Thanks for this information, it is really helpful.

    My question is: I was granted a 457 visa in May 2016 for 18 months as the company I work for has only been trading for 12 months. Can I extend my visa for up to 4 years? Will I need to send a new application?
    By that time, I will have worked for 24 months with my company (6 months on a work-holiday visa + 18 months on a 457 visa), will I be able to apply for Permanent Residency at the same time?

    Thank you very much in advance.
    Best regards,
    Clementine

    Reply
      1. Clementine

        Hi Peng,
        Thank you very much for these elements.
        I guess I will have to submit my new application just before the last day of my visa. Will I be granted a new bridging visa while waiting?
        Finally, I first applied with my De Facto partner. Will we have to prove again our relationship?
        Thanks,
        Clementine

        Reply
  6. Saurav Majumdar

    Hi Peng
    I have not applied for dependent visas for my wife and kid in the currently applied UC 457 (its under process and if all goes well, I expect it in next two months). When I land in AU on UC 457, can I file for my own Green Card first and then apply for my wife in kid separately for GC without adding them on to my UC 457 at all?
    Thanks
    SM

    Reply
  7. dennis

    HI peng,

    i am waiting for my 457 visa , i applied 20 of jul, how long you think is going to take until the decision been made?
    and can you please tell me if i can travel overseas until the final decision ? or i am going to lose my rights if something goes wrong
    Thank you so much , you are doing a wonderful job.

    Reply
  8. Vasavi

    Hi Peng,

    Can dependent stay in Australia holding valid 457 visa when the primary applicant is at offshore.

    Thanks,
    Vasavi

    Reply
  9. Gur

    Hi peng,
    I applied 457 on 12 july 2015 and my nomination is approved on 24 july but since then i have been waiting for my decision, i contact with immi couple of time but evry time they said file is in process and you will get your decision anytime soon, do still i have chance to get 457 ?
    What you reckon, have heard this kind of case before.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Gur,
      Sorry I can’t confirm whether DIBP can approve your application just based on your comment information.
      PC

      Reply
  10. Col

    Hello PC,

    I have a valid 457 work visa. Can my wife (who has a 457 dependent visa) work as a software engineer in Australia.
    If yes, do companies in Australia prefer employing 457 dependent visas.

    Reply
  11. Amanda

    Hi, I’m currently on a 417 visa and have a job offer but they don’t want to invest time and training in me with my 6 months only with 1 employer restriction. Is there anyway I can switch to a non limitation visa while in Australia on a 417? Thanks

    Reply
  12. Anshul

    Hi Peng,

    First of all , a great thanks for doing so much awesome work.

    I am on 457 visa. Am I entitled to get parental benefits like paternity allowances and parental leaves ? My wife would be delivering our child outside Australia though.

    Thanks again

    Reply
  13. Emma

    Hi Peng,
    I was just granted a 457 visa but it only runs for 18 months. Why is it short? I thought a 457 visa is valid for 48 months? I’m sure I placed 48 months for proposed period of stay on the online application when I applied my visa, as well as in the nomination application as per my sponsor.
    Can you kindly please advise?

    Thanks,
    Emma

    Reply
    1. Peng Cheng Post author

      Hi Emma,
      This happens if the sponsoring employer has operated their business for less than 12 months.
      PC

      Reply
  14. BABLAI

    Hi Peng
    Both mine(457) and my spouse(dependent 457 visa) has been granted visa at the same time.
    Is it possible for my wife to depart after 7 months from the date I had departed from our home country or does she have to move along with me?
    Eager for your reply

    Bablai

    Reply
  15. Anna Bui

    Hi Peng, Thanks for your very informative site! I logded papers on 15 Sept and I am now on Bridging visa A for visa 457. Am I eligible to apply for visa 485 (My student visa was expired on 22nd September 2016) while holding BVA? Thank you so much! Anna

    Reply
    1. Peng Cheng Post author

      Hi Anna,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  16. Marivic

    Hi, Peng,
    I am currently on 457 Visa. I worked only for 7months on my first Employer and currenly more than 4 months on my recent Employer. If I move again to another Employer, is it possible for them to nominate me for RSMs this time instead of applying for 457 Visa again? And do I need to take English test even If I am on Irish Passport? Thank you very much.

    Reply
    1. Peng Cheng Post author

      Hi Marivic,
      You would satisfy the English requirement if you hold an Irish passport: http://myaccessaustralia.com/english-language-requirement-186-ens-187-rsms-visas/
      187 nomination and visa requirements are outlined here: http://myaccessaustralia.com/regional-sponsored-migration-scheme-rsms-subclass-187-visa/
      I’m sorry but we would need to complete an assessment before we can advise in relation to your visa options.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  17. Mandy

    Hi Peng,
    I am on a 457 Visa. I am changing Employer. My new employer has filed application with Immigration department to take over my visa sponsorship. While this is in progress, Can I travel outside Australia? Do I need another visa to make a trip back home, while the application is with Immigration department.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Mandy,
      Sorry but I’ll need to refer you to the Department with this query – I’m not sure if they would take action against your 457 visa and I can’t speak on their behalf.
      PC

      Reply
  18. BABLI

    Hi Peng

    I have received my 457 visa against employer sponsorship.
    After notifying them they said that they would get back to me.
    My question is how many months do I have in hand to remain in my home country as per 457 guidelines before i join my employer in Australia,provided they haven’t cancelled my sponsorship.

    Reply
    1. Peng Cheng Post author

      Hi Babli,
      Your visa shouldn’t specific any date by which you need to enter.
      You can enter as long as you have a valid visa.
      PC

      Reply

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