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.

 

How we can help

 

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

1,003 thoughts on “10 Useful Things to Know About Your Australian 457 Visa

  1. Tracy

    Hi Peng,

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

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

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

    Reply
    1. Peng Cheng Post author

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

      Reply
  2. Amy

    Hi Peng,

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

    Many thanks,
    Amy

    Reply
    1. Peng Cheng Post author

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

      Reply
  3. Cathy

    Hi Peng,

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

    Reply
  4. Zaid Rafi

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

    Reply
  5. Rohit

    Hi Peng,

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

    Reply
    1. Peng Cheng Post author

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

      Reply
  6. Rajesh

    Hi Peng,

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

    Reply
  7. Tushar

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

    Regards,
    Tushar

    Reply
  8. Claudia

    Hi Peng.

    Hope all is well.

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

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

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

    Thanks in advance.

    Reply
    1. Peng Cheng Post author

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

      Reply
  9. Amit Kaushal

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

    Reply
    1. Peng Cheng Post author

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

      Reply
  10. Sharmaine

    Hi Peng…

    Kindly please enlighten me…

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

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

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

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

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

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

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

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

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

    Reply
    1. Peng Cheng Post author

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

      Reply
    2. Sharmaine

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

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

      Thank you very much.

      Reply
      1. Peng Cheng Post author

        I don’t think that 457 cancellation wouldn’t impact a general skilled visa application.
        Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
        PC

        Reply
      1. Davinder

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

        Reply

Leave a Reply

Your email address will not be published. Required fields are marked *