ryanw

Hello

I am in Australia on a 457 class long-stay business-sponsored visa.

Can anyone tell me if it is possible to;

Transfer to another employer, ie. transfer/reapply for the 457. Would I have to be offshore while this is being considered?

My current 457 expires in Apr 05. Can I change employers on the same 457 and work until Apr 05? Does DIMIA need to approve this?

If you are on a 457 I presume you can continue to work in AUS (for your business sponsor) if you apply for Permanent Residence?


Any advice would be appreciated ... everything seems so difficult!

Regards
Ryan

charlieg

I can't help too much on your first few questions, but I believe if you're on a 457 it's only valid while you're with the employer who sponsored the application, I think if you change employers you need to get the new employer to sponsor a new application.

What I know for sure is that you can work on a 457 while you apply for a permanent residence visa. Most are classed as "offshore" which means that you have to be outside of Australia when the visa is granted, but you can apply for and live in Australia while it's being processed. I think the way it works is that your case officer will know you're onshore, and you'll have to leave Australia when it's actually issued (but I think you arrange when it's issued with them). I've not got to that stage yet, but from what I gather this normally means a nice 5 or 10 holiday in Auckland or wherever, you go to the local Austalian mission get your stamp, and come home.

Sharpy67

Best advice: Don't p*** around. Speak to an immigration visa agent!!!! Preferably sooner than later. Definitely an area where you want actual info!

Alan Collett

Hello Ryan. I imagine your 457-visa has an 8107 condition on it? This is what that condition means:

- You cannot cease to be employed by the employer that sponsored you (ie you can't change employer), unless you go through the necessary steps that would allow for the grant of a new 457-visa (see below)

- You cannot work in a position or an occupation that is inconsistent with the position or occupation under which you applied for the 457-visa

- You cannot work for another employer or for yourself while working for the sponsoring employer

If you want to change employer, then BEFORE YOU COMMENCE THE NEW EMPLOYMENT:

- You must apply for a new 457-visa

- The new employer must be approved by the DIMIA as a business sponsor

- The new position must be the subject of a DIMIA approved nomination

In addition, if your existing 457-visa expires you cannot work in Australia while you are awaiting a decision on a general skilled visa application (nor can you physically remain in Australia) if you don't have a valid visa that has work rights. A general skilled visa application is deemed to be an offshore application, and as such you would not be able to seek a Bridging visa.

Hope this helps - even if it might not be what you want to hear.

Best regards.

BelSdh

Hi There,
I wil be waiting to get the visa 456.i am in the uk and a company is
sponsoring me on the 90 day visa. its been hard as yes its all too complicated.
Sorry i have no other info, but let me know of the outcome as i may well be in
the same situation at some point.

Belinda.

JAJ

You can get a new 457 onshore - but the process is tricky and you need professional advice


Normally you need a new 457 visa. The rules may be slightly different if your 457 visa was granted before 1 Jul 2002, and in that case it might be possible to get DIMIA permission. You need professional advice.

Employer Nomination can be done onshore and hence you can get a bridging visa. General skilled is offshore and you would need to keep your 457 valid.

The assistance of an *experienced* migration agent could add a lot of value.

Jeremy

George Lombard

Hi Ryan,

yes, you can change employers but only after you've been issued a new 457 visa for the new employer. You can apply for a 457 onshore or offshore. Being on a 457 is not affected by having an application for permanent residence except that you may lose your LAFHA.

Cheers,

George Lombard

www.austimmigration.com.au

JAJ

And to add to what George has said, it's essential that you don't let your 457 visa expire at any point.

Jeremy