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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729 thoughts on “Changing Your Employer – 457 Visa Holder

  1. GO

    Hi Peng

    As the immigration office has announced about the regulations of the visas yesterday, I am now wondering if I transfer from my 457 to RSMS after March 2018.
    Is it still possible ?
    I have just found new sponsorship, they will start my 457 visa application which takes a longer process than normal because of a long holiday ( Christmas and New years) . So my new sponsor expects my visa can be granted in Fed 2018.

    Thank you very much for your time

    Kind regards,

    Go

    Reply
  2. Lauren

    Hi,
    My boyfriend has been offered a job in Sydney (start date 5th Feb 2018) and is going through the process of getting the visa (im a defacto) and his new jobs’ department of immigration is sorting the visa. We have given them all the documents but now they are saying they cant submit the visa until early jan, and the processing time is 2 weeks… taking us up to the date that we were going to fly over there on (17th jan) which gives us only a couple days to rent our house out, buy everything and organise everything. It just doesnt seem right that they need to wait until then to do our visa – a month before he starts his new job??? the immigration guy says ‘we need to lodge your application early jan because since your visa is 22 months, you need to ensure you have a valid visa throughout your entire stay’…. but cant you get your visa approved now but the actual start date of the visa will be from when you enter the country?

    Thanks
    Lauren

    Reply
  3. Felix

    Peng
    Im just newly 457 visa i just started 3 months here in australia can i transfer for new company or change my category of work.if is possible ?and can i also leave australia for a month and go back to australia again.if still possible if i resign and search for a. New employer or company.advance to you.God bless

    Reply
    1. Peng Cheng Post author

      Hi Felix,
      You can change your employer, and your nominated occupation if you qualify for your new nominated occupation.
      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
  4. Lorena

    Hi,

    My current company has sponsored me a year ago on the recruitment visa- i have just accepted an offer for SALES role with a company that are willing to take on that sponsorship. How long do you reckon the process will be and should I let my current employer know that I am going through this process and they want me start asap or is there a risk they can let me go before hand?

    Reply
    1. Peng Cheng Post author

      Hi Lorena,
      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
  5. Sam

    Hi Peng ..
    I am a 457 visa holder and I apply for nomination with my new owner and my visa expires in September 2018 . I just want to know that I am able to travel to India and than travel India to Australia or not ??

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      If the new business has lodged the 457 nomination application, then you should be able to travel during the Department’s processing time.
      PC

      Reply
  6. Ulupi Gogoi

    Hi Peng,

    I am currently a 457 Visa Holder and I haven’t come to Australia Yet. Can I change my employer from here itself? What would be required to change to a new employer?

    Thanks

    Reply
  7. Rashi

    Hi Peng,

    I am new to the country and not aware about the job rules for 457 Visa , kindly guide me .

    Me and my husband , both are working for same organisation. My husband is a primary 457 VISA holder and I am working as a dependent.
    Here I have few doubts :
    1) As a dependent can I switch my job?
    2) If my husband will change his company, will I be able to continue to work in my current organisation.

    Regards,
    Rashi

    Reply
    1. Peng Cheng Post author

      Hi Rashi,
      A dependent 457 visa holder has unrestricted work rights so you can work for anyone/business.
      PC

      Reply
  8. ashish chaubey

    Hi Peng,

    I have a valid 457 visa but I haven’t travelled to Australia yet.
    Will the visa be valid if I change my employer considering I am in my home country and never travelled to Australia?

    Regards,
    Ashish

    Reply
  9. Stf

    Hi Peng,
    I’m loading a 187 visa – after 1 year the company just decided to change the name and ABN and not same owner – is it right? Can I leave the company ?
    Stf

    Reply
  10. jatt

    Hi Peng,
    i applied for nomination for 457 visa in last year in september. i am still waiting for nomination can you tell me plz how longs its take ?

    Reply
  11. Chel

    Hi Peng,
    Our 1st 457 visa was expired already and i am the primary applicant in that one. we were able to file another one but this time its my husband who is the primary and i am the dependent. My question is when i checked VEVO it says there that the bridging visa is in effect already but i have limited work conditions. I want to leave my employer because our visa was already expired and they don ‘t have any obligation on me anymore and visa versa. Can i leave my employer and find another one while on bridging visa or do i need to wait until the new 457 visa is approved?

    Reply
    1. Peng Cheng Post author

      I’m sorry but you would still be subject to that work limitation while you hold your bridging visa. You would need to wait until your dependent 457 visa is granted before you have unrestricted work rights.
      PC

      Reply
      1. Chel

        Hi Peng
        Thank you for your reply. But what will happen to me if the employer terminates my contract and I am still on bridging. I will be unemployed until the new 457 is in effect?
        Will it be possible for the company to request for priority processing?
        Thank you so much.

        Reply
        1. Peng Cheng Post author

          You would need to check your bridging visa for your work rights and conditions.
          Employer can ask for priority processing.
          PC

          Reply
  12. Nirosh

    Hi Peng,

    Im on 457 visa and i have completed two years already. but the nomination for PR didnot go through due to company issues. can i apply for 187 visa now, even though the 457 is existing.

    thanks

    Dj

    Reply
    1. Peng Cheng Post author

      Hi DJ,
      You can lodge a 187 visa while holding a 457 visa.
      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
  13. Karl

    Hi Peng,

    I have worked for my existing employer for more than 2 years on a 457 visa, but this company is unable to sponsor me for PR.

    If I change to a new company (same position / ANSCO), will my two years worked in Australia entitle me to a PR through the second company? Or would I need to go through the direct entry route and complete a skills assessment / serve another two years?

    Many thanks in advance,

    Karl.

    Reply
  14. Alex

    Hi Peng,
    I am pastry cook under 457 visa up to 4 years.(grant march 2017)
    So please advise me still can i transfer my sponsor??
    If yes how long it takes?
    I already have an approved sponsor who willing to sponsor for me.

    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Alex,
      You can still transfer your 457 visa as a cook.
      Department’s processing time is around 1-3 months.
      PC

      Reply
  15. chatu

    hi peng,
    I have 457 visa already.but i plan to change my sponsor.
    But the thing is my spouse visa still under processing.(as my subsequent applicant)
    In this case what will happen to this application???

    Reply
    1. Peng Cheng Post author

      Hi Chatu,
      The Department should still be able to assess your partner’s application even if you are changing your employer.
      PC

      Reply
  16. Roy de guzman

    Hi Peng,
    I am holding a 457 visa in company X as a carpenter/ plaswall installer and my visa will expire in March 2018. For some reason my company is going down and they told me it is better for me to search a new employer last December 2016 while I’m in holiday. Now I am working with my new employer but different job. Is there any possibility that I can extend/ renew my 457 visa? My new employer is willing to help me/ nominate me.
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Roy,
      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
  17. patricia

    Hi

    I am on 457 Visa, My visa was approved on march this year. I would like to transfer my sponsor to another employer. Is it possible? I mean, I know the government did some changes about visas, so i just wonder if I can transfer my sponsor due to I am not happy working where I am now 🙁

    thank you

    Reply
    1. Peng Cheng Post author

      Hi Patricia,
      It is possible to transfer a current 457 visa, depending on the occupation that you are changing to.
      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
  18. Ruby

    Hello,

    I am purchasing an establised business that currently has 4, 457 sponsored employees, how do I go about keeping the employees with me when I purchase the business? I have applied and paid to be an approved sponsor but because it is all linked agaisnt the current owners information, I have been told I need prood it’s mine before I can take them. Here’s the thing though, I do not want to buy it until I know I have a guarentee the employees will stay there with me I do not and cannot afford to put them on stand down while everything is processed. Is there a way the current owner can subcontract the employees to me or I can take on her ABN to keep them?

    Thanks so much!

    Reply
    1. Peng Cheng Post author

      Hi Ruby,
      Yes you can take over the existing ABN and the 457 visa holders can continue to work for the approved sponsor.
      PC

      Reply
  19. Pablo

    Hi,
    Thanks for your beautiful blog,
    I have a problem, I was going to transfer my 457 visa from the company I am actually working to a new one.
    I have now changed my mind about it and so I do not wish to move with the new company anymore, however I want to stay where I am, what should I do now? Can I stop the transfer?

    Reply
  20. Maja

    Hi Simo,

    My partner is sponsored as printer atm, but his company is going through a really rough period.
    We both worry now, that he might lose his job, 2 months before he’d be able to apply for PR.

    My question now if worst comes to worst : is there any chance that his sponsorship could be transferred to another company ? Or would it be possible to apply for PR before that? He’s been here now for 3 years and is literally just about to finish the third.

    Do you have any advice ?

    Best regards,

    Maja

    Reply
  21. akash

    hi there,
    i have been working for a cafe as a chef from last 7 years and this august it will be 2 years of my 457 visa. But unfortunately my company has change its ABN from (partnership to company) but the owner and location is same.
    Will my 2 years count and will i be able to apply for PR in august. thank you

    Reply
    1. Peng Cheng Post author

      Hi Akash,
      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
  22. Patt

    Hi Peng
    my partner holding 457 from last years. also he changing employer before the end of last year around October and work with them until now. At the moment he just found that the owner haven’t pay super for him since he start working with them. Last month he just ask for PayG but haven,t got until now. what he suppose to do ?

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Patt,
      He should probably speak with the business first and see if they can resolve this. You may need to go see an employment/contract law solicitor if you need assistance.
      PC

      Reply
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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
  30. 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
  31. 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
  32. 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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