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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680 thoughts on “Changing Your Employer – 457 Visa Holder

  1. Stephan Vivek

    Hi

    I joined a company on a short term 400 visa for a 3 month contract now they wanted to file my 457 but I got another sponsor who is ready to lodge my 457.Can two companies lodge 457 at the same time? I want to leave the first company in few days so I didn’t say about the new sponsor to my employer.can my current employer lodge my visa without my passport number or other details using my 400 ?

    Reply
    1. Peng Cheng Post author

      Hi Stephan,
      I wouldn’t suggest lodging two 457 visa applications by two different businesses at the same time, but you can do this.
      PC

      Reply
  2. John eric Gutierrez

    Hi,

    Im on 457 visa and resign to my previous company and already transfer my visa to my new company and already serve a notice period. Do i need to pay the amount they spent on my 457 visa? Because thats what they asking?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi John,
      Business is only obligated to cover the nomination and business sponsorship fees – they don’t have any obligation to pay for the visa. Whether you are obligated to pay they back probably depends on the terms of your contract:
      https://www.border.gov.au/Trav/Visa-1/457-#tab-content-3

      Not recover, transfer or charge certain costs to another person
      You must not take any action or seek to take any action that would result in the transfer or charging of costs (including migration agent costs) to another person, such as a sponsored visa holder or their sponsored family members this includes costs that relate to:
      the recruitment of the person you sponsored
      becoming or being a sponsor or former approved sponsor.
      This obligation:
      starts on the day the sponsorship is approved or the work agreement commences
      ends on the following two events:
      you cease to be an approved sponsor or party to a work agreement
      you no longer have a sponsored visa holder.
      Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include:
      cost of sponsorship and nomination charges
      migration agent costs associated with the lodgement of sponsorship and nomination applications

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

      Reply
  3. Tapasi

    Hi,

    I am on 457 dependant visa sponsered by my partner’s company and now I have a job offer from a different company. What is the process for transferring the dependant visa to the new sponser. What are the charges and time taken for the whole process.

    Reply
    1. Peng Cheng Post author

      Hi Tapasi,
      A dependent 457 visa already gives you full and unrestricted work rights.
      PC

      Reply
      1. Tapasi

        Hi Peng,

        Thanks for your reply. I understand that 457 allows me to have full and unrestricted work rights however the requirement is that my new employer has policies where the employee must be sponsored by them. From your blog it is clear about the visa transfer process for a primary applicant. But in case of dependant visa how should I proceed.

        Regards,
        Tapasi

        Reply
        1. Peng Cheng Post author

          You would need to apply for a new primary 457 visa. Employer needs to lodge the 457 nomination application for your proposed role.
          PC

          Reply
  4. Marlon

    Hi Peng,

    Just wanted to ask, i’m currently on a 457 visa under employer Y just started 4 months ago, but the company started to have some troubles and can’t give me a full time job. Then i found a new employer X. Is it easy to transfer my 457 visa aponsorship to the employer X? What are the things that i need to do? And how much is the estimated cost of transfer.

    Kind Regards
    Marlon

    Reply
    1. Peng Cheng Post author

      Hi Marlon,
      Sorry but I can’t determine if this is going to be hard or easy just based on your comment information.
      Please see above post for process that new business needs to complete.
      PC

      Reply
  5. Nichole M

    Hi Peng,

    Thanks for this wonderful blog. This really helped me in clearing any doubts about 457 visa.

    My 457 visa application was submitted on 20 April 2017 (just after the changes introduced by the Govt.) by a company in Sydney. The status says “Received” till date. Now another really good company in Melbourne has offered me a job. They want to sponsor my visa.

    Is it possible to change the employer nomination while the 457 visa application is being processed and no decision has been made so far?

    Please let me know as soon as possible.

    Thank you so much in advance!

    Reply
    1. Peng Cheng Post author

      Hi Nichole,
      Sorry but you’d need to ask the Department whether you can link a pending 457 visa with a new nomination application – I don’t know whether their processes allow this.
      PC

      Reply
      1. Nichole M

        Hi Peng,

        I am currently based outside Australia and got the 457 visa grant a week ago using a Sydney based company’s nomination. I will not be joining this employer as my new employer (more reputed company with much better offer) intends to file employer nomination as soon as they can.

        Can my first employer (who nominated my 457 visa) “cancel the 457 visa”? They are threatening me over email that if I don’t join them immediately, they will cancel the 457 visa.

        Please let me know!

        Thank you so much.
        Nichole

        Reply
        1. Peng Cheng Post author

          Only the Department would be able to cancel a visa – business can’t do this but they can inform the Department that you have ceased employment.
          PC

          Reply
  6. Emanuele Lisei

    Dear Sir or Madam,
    I don’t think so I am in trouble but I have some questions.
    1- I have a Visa 457 with an Australian company and I started one month ago I can change company??
    2-I founded the new company what we have to do now.
    3-My ex company confirmed the work cessation to DIBP.
    4-What have to do the new company?

    I look forward to your response,

    Kind Regards,
    Emanuele Lisei

    Reply
    1. Peng Cheng Post author

      Hi Emanuele,
      This business would need to be an approved business sponsor or they would need to apply for this. They then need to lodge a 457 nomination application to transfer your visa sponsorship – please see above post.
      PC

      Reply
  7. Parry

    Hi,

    I have applied for my PR 3 months ago. Recently i got an offer from a different employer and they have lodged my visa nomination application. Any idea how much it is taking for the nomination to be approved.?
    Will my PR application delay the process?
    Do you see any issues ?
    My previous role is ceased and hence its worrying me now.

    Thanks,
    P

    Reply
    1. Peng Cheng Post author

      Hi Parry,
      Department’s processing time is around 1-3 months or longer.
      A pending application with a different business may confuse the case officer – I haven’t had a client in this situation.
      PC

      Reply
  8. Peter Griffin

    Hi Peng,

    I have filed for 457 visa with Company X, but I received another and a much better job offer with more salary and benefits recently from a second employer, Company Y. The nominated occupation is the same and is not changing and I am not in Australia. I am applying from outside Australia.

    I have not yet started working for the first employer, Company X, and would like to not join them at all as now I have received this really good offer from Company Y.

    In this case, I wanted to know, can I change my employer on the granted 457 visa? Please help and advise me. I would ideally like to change my employer to Company Y on the approved 457 visa without joining Company X at all. Is that possible?

    Thank you so much for your help in advance!

    Reply
    1. Peng Cheng Post author

      Hi Peter,
      You can ask that employer to lodge a 457 nomination application to transfer your 457 visa sponsorship.
      PC

      Reply
      1. Peter Griffin

        Hi Peng,

        Thanks so much for your response.

        So I do not have to join the first company, Company X, at all? I can ask the second company to lodge the 457 nomination application immediately.

        Thanks in advance for clarifying and helping me out!

        Regards,
        Niharika

        Reply
  9. Veronica

    Hi Peng,
    I’m holding a 457 visa and now looking for changing to a new employer.
    The base salary level and guaranteed salary amount is indicated on my current visa grant notification. Is that changeable? My new employer is willing to sponsor me but only can pay less.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Veronica,
      The Department would need to approve this change in salary before the employer can do this – they need to lodge a 457 nomination application with the new salary details.
      PC

      Reply
  10. Simo

    Hi Peng,
    I am a Civil Engineer and I recently decide to change my employer.
    I resigned and accepted a new role with a well-known australian construction company.

    My new employer has lodged an application to transfer my 457 Visa 2 weeks ago and I should start with them in a couple of weeks.

    Can you advise what is the current processing time?

    My partner was in a similar situation not more than 1 month ago and his nomination got approved in 4 days only…

    If the transfer will take too long I may incur into financial problems.Is there a way to speed the process?

    Kind Regards,
    Simo

    Reply

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