Changing Your Employer – 457 Visa Holder

 

As a 457 visa holder, if you are looking to change your employer and have your new employer take over the sponsorship for your visa, you need to firstly ensure that your prospective employer is eligible to sponsor you for a 457 visa. This generally means that they need to hold Standard Business Sponsorship and that this sponsorship is valid (or that they are eligible and willing to apply for this).

When you can start working with your new sponsor

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

You can’t start working for your prospective employer before the 457 nomination is approved.

The Department’s normal processing time for a 457 nomination application is around 2-4 weeks.

Serving our your notice period

Under condition 8107 which applies to primary 457 visa holders, you can only work for your sponsoring employer and in your approved role. The exception to this is when you’re changing your employer and 457 visa sponsor. Even after the 457 nomination application for your new employer has been approved and your sponsorship has changed to this new employer, you can continue to work for your former employer and sponsor to ‘fulfil a requirement to give notice of termination of employment’.

Basically, you’re allowed to fulfil the terms of your employment contract.

As the 457 visa holder, do I need to do anything for the 457 nomination application?

Generally speaking, the nomination application relates to the role that you will be performing. Your employer needs to demonstrate that the role is consistent with an occupation that is on the list of sponsorable occupations (i.e. ANZSCO occupation appears on the Consolidated Sponsored Occupation List), and that there is a genuine need for your role.

Your employer may ask you for the following documents for the 457 nomination application:

  • Passport
  • Qualifications
  • Evidence of English language ability
  • Work references
  • Payslips demonstrating your paid work experience

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753 thoughts on “Changing Your Employer – 457 Visa Holder

  1. Aaron shin

    Hi peng.

    I have done two and half years of 457 visa and i only need english score now, but my owner is going to sell his bisuness.. are there any ways i can get a permanent residency?
    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Aaron,
      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
  2. M.k khan

    Hi peng

    can you let me know I am working with my company since 4 years in fabrication trade and I am just stil waiting for my 457 nomination and I applied before six month during these days I got another 457 SPONCER from a big company they offered me now on my fabrication trade on a big package so please let me know what I do…

    Reply
    1. Peng Cheng Post author

      Hi MK,
      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
  3. Anne

    Hi Peng
    I have been on the 457 Visa for a year but I have found a better job offer in another company who accepted the visa transfer process. My new contract is signed, they say the transfer might take up to 4 to 8 weeks because of the Christmas break.
    My current employer is kind of aware that I want to leave but I don’t know when to hand him my resignation letter:
    right now to give what seems a comfortable 4 weeks notice or only when I have confirmation of the transfer with a shorter notice..?

    Nothing is specified in my contract, I have checked with HR few months ago and the notice just must be mutually agreed on between the 2 parties.

    It is a bit of an uncomfortable situation, I don’t want to leave my current employer in bad terms either, but I cannot risk them to terminate me right away with potentially 4 to 8 weeks without any pay.
    Thanks in advance for your precious insights!
    Best regards

    Anne

    Reply
    1. Peng Cheng Post author

      Hi Anne,
      You are allowed to notify after the transfer application is approved as you are allowed to complete any agreed reasonable termination period with your current employer, but you can notify your current employer before this as well if you wish.
      PC

      Reply
  4. Rupesh

    Hi Peng! My new owner are happy to reapply my document as a cook for me in late January 2018. Is it still possible to get approved for Cook after March 2018 .as I got my visa in October 2017 but old owner sold their cafe .

    Reply
    1. Peng Cheng Post author

      Sorry but I can’t provide advice in relation to your visa eligibility 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

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