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457: Can do, Can't do

457: Can do, Can't do

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Old May 27th 2011, 9:41 am
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Default 457: Can do, Can't do

Hi

I'm shortly coming to Victoria on a 457 Visa. Having tried to do some research on this type of visa, I've discovered that there certain things that one is allowed to do and not allowed to do on this type of visa, e.g. cannot buy a house, cannot get welfare, etc.
However, a lot of the information I'm getting is somewhat confusing and conflicting.
Can anyone create a simplified list of things you can and cannot do on a 457 Visa?
Many thanks
Conor
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Old May 27th 2011, 10:39 am
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Default Re: 457: Can do, Can't do

Originally Posted by conorpat69
Hi

I'm shortly coming to Victoria on a 457 Visa. Having tried to do some research on this type of visa, I've discovered that there certain things that one is allowed to do and not allowed to do on this type of visa, e.g. cannot buy a house, cannot get welfare, etc.
However, a lot of the information I'm getting is somewhat confusing and conflicting.
Can anyone create a simplified list of things you can and cannot do on a 457 Visa?
Many thanks
Conor
I'm not quite sure what research you have done that tells you you can't buy a house on a 457... but you can.

Apart from not being eligible for any centrelink payments, having to pay for schooling in some states, not being eligible for some jobs and being classed as an international student at Uni/Tafe.. we didn't find too many restrictions on a 457.

On a 457.. you don't need a Australian driving licence, but may find it beneficial.
On a 457.. you may have to pay school fees, dependent on the state you live in.
On a 457.. you may have to obtain permission from FIRB (check before you buy) before you can buy a house, if this is so, you should always make sure it is a condition of your contract.
On a 457.. you may only have 28 days to find a new sponsor if your employer fires you
On a 457.. you may be eligible for a PR visa after 2 years, subject to meeting the critieria of an ENS visa and your employer being willing to sponsor you
On a 457.. you may experience worse job conditions.. although this is strictly illegal..
On a 457.. you will pay more for your children's further education and won't be eligble for HECS
On a 457.. although your spouse will have full work rights, they might find employers reluctant to take them on
On a 457.. if there's a national environmental emergency (such as bushfires or floods or cyclones) you won't be eligible for any relief.
On a 457 you may be eligible for LAFHA, but your employer may not understand the intricacies of it.

We came out on a 457 and without it we would never have got PR.. but it does have some BIG drawbacks.
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Old May 27th 2011, 10:51 am
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Default Re: 457: Can do, Can't do

Originally Posted by conorpat69
Hi

I'm shortly coming to Victoria on a 457 Visa. Having tried to do some research on this type of visa, I've discovered that there certain things that one is allowed to do and not allowed to do on this type of visa, e.g. cannot buy a house, cannot get welfare, etc.
However, a lot of the information I'm getting is somewhat confusing and conflicting.
Can anyone create a simplified list of things you can and cannot do on a 457 Visa?
Many thanks
Conor
See here for some info http://britishexpats.com/wiki/457_Visa_Restrictions
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Old May 27th 2011, 11:13 am
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Default Re: 457: Can do, Can't do

Originally Posted by Dreamy
I'm not quite sure what research you have done that tells you you can't buy a house on a 457... but you can.

Apart from not being eligible for any centrelink payments, having to pay for schooling in some states, not being eligible for some jobs and being classed as an international student at Uni/Tafe.. we didn't find too many restrictions on a 457.

On a 457.. you don't need a Australian driving licence, but may find it beneficial.
On a 457.. you may have to pay school fees, dependent on the state you live in.
On a 457.. you may have to obtain permission from FIRB (check before you buy) before you can buy a house, if this is so, you should always make sure it is a condition of your contract.
On a 457.. you may only have 28 days to find a new sponsor if your employer fires you
On a 457.. you may be eligible for a PR visa after 2 years, subject to meeting the critieria of an ENS visa and your employer being willing to sponsor you
On a 457.. you may experience worse job conditions.. although this is strictly illegal..
On a 457.. you will pay more for your children's further education and won't be eligble for HECS
On a 457.. although your spouse will have full work rights, they might find employers reluctant to take them on
On a 457.. if there's a national environmental emergency (such as bushfires or floods or cyclones) you won't be eligible for any relief.
On a 457 you may be eligible for LAFHA, but your employer may not understand the intricacies of it.

We came out on a 457 and without it we would never have got PR.. but it does have some BIG drawbacks.
Thanks very much for your response. Very helpful indeed. I understand a 457 has major drawbacks, but hope to apply for PR once I'm there and hope it doesn't take too long to process.

Did you apply for PR straightaway, or did you wait a while?
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Old May 27th 2011, 11:13 am
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Default Re: 457: Can do, Can't do

Originally Posted by Pollyana
Thanks for the response Polyana
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Old May 27th 2011, 11:49 am
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Default Re: 457: Can do, Can't do

also on a 457 you can only work for the one employer, you cant moonlight or work part time or full time in any other job.
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Old May 27th 2011, 4:26 pm
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Default Re: 457: Can do, Can't do

Originally Posted by Dreamy
I'm not quite sure what research you have done that tells you you can't buy a house on a 457... but you can.

Apart from not being eligible for any centrelink payments, having to pay for schooling in some states, not being eligible for some jobs and being classed as an international student at Uni/Tafe.. we didn't find too many restrictions on a 457.

On a 457.. you don't need a Australian driving licence, but may find it beneficial.
On a 457.. you may have to pay school fees, dependent on the state you live in.
On a 457.. you may have to obtain permission from FIRB (check before you buy) before you can buy a house, if this is so, you should always make sure it is a condition of your contract.
On a 457.. you may only have 28 days to find a new sponsor if your employer fires you
On a 457.. you may be eligible for a PR visa after 2 years, subject to meeting the critieria of an ENS visa and your employer being willing to sponsor you
On a 457.. you may experience worse job conditions.. although this is strictly illegal..
On a 457.. you will pay more for your children's further education and won't be eligble for HECS
On a 457.. although your spouse will have full work rights, they might find employers reluctant to take them on
On a 457.. if there's a national environmental emergency (such as bushfires or floods or cyclones) you won't be eligible for any relief.
On a 457 you may be eligible for LAFHA, but your employer may not understand the intricacies of it.

We came out on a 457 and without it we would never have got PR.. but it does have some BIG drawbacks.
A couple of corrections that I have found out.
On a 457.. you may only have 28 days to find a new sponsor if your employer fires you---You only have 28 days to find a new employer that is willing to sponsor you or leave the country.

On a 457.. you may be eligible for a PR visa after 2 years, subject to meeting the critieria of an ENS visa and your employer being willing to sponsor you.-- Not strictly true. You are eligible as soon as you arrive if your employer wants to sponsor you. If you leave it for 2 years and your employer wants to sponsor you then you will not have to take a skills assessment as you are deemed to possess the skills as you have been working for the employer for 2 years.
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Old May 27th 2011, 11:09 pm
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Default Re: 457: Can do, Can't do

Originally Posted by mvagusta
On a 457.. you may be eligible for a PR visa after 2 years, subject to meeting the critieria of an ENS visa and your employer being willing to sponsor you.-- Not strictly true. You are eligible as soon as you arrive if your employer wants to sponsor you. If you leave it for 2 years and your employer wants to sponsor you then you will not have to take a skills assessment as you are deemed to possess the skills as you have been working for the employer for 2 years.
What I said is true - but as you point out there are other ways of being eligible for an ENS visa. You would also be eligible immediately (without needing a skills assessment) if you were in a high paying position with a base salary of at least $250k pa.
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Old May 27th 2011, 11:16 pm
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Default Re: 457: Can do, Can't do

Originally Posted by conorpat69
Thanks very much for your response. Very helpful indeed. I understand a 457 has major drawbacks, but hope to apply for PR once I'm there and hope it doesn't take too long to process.

Did you apply for PR straightaway, or did you wait a while?
Some employers, if they've invested money in you on a 457 (paying transport costs, relocation costs, visa costs etc) can be reluctant to sponsor for an ENS, as technically, once you have it, you can work for anyone. Make sure you have it written in your contract that they will sponsor you at the earliest opportunity, and make sure you're aware of any conditions the employer is imposing on you (such as, having to remain employed with them for a length of time or having to repay all costs paid by them)

We were on our second employer with a 457 waiting for the two year period to be up, when we discovered that the OH's qualifications came under the Sydney Accord, so he didn't need to do a CDR for assessment. We've had our PR for almost a year now - the feeling of relief once you have a permanent visa, after the uncertainty of a temporary visa is indescribable.
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Old May 31st 2011, 8:45 am
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Default Re: 457: Can do, Can't do

Originally Posted by Dreamy
Some employers, if they've invested money in you on a 457 (paying transport costs, relocation costs, visa costs etc) can be reluctant to sponsor for an ENS, as technically, once you have it, you can work for anyone. Make sure you have it written in your contract that they will sponsor you at the earliest opportunity, and make sure you're aware of any conditions the employer is imposing on you (such as, having to remain employed with them for a length of time or having to repay all costs paid by them)

We were on our second employer with a 457 waiting for the two year period to be up, when we discovered that the OH's qualifications came under the Sydney Accord, so he didn't need to do a CDR for assessment. We've had our PR for almost a year now - the feeling of relief once you have a permanent visa, after the uncertainty of a temporary visa is indescribable.
OK, Thanks for the advice. I'm expecting the written offer through any day now, so will go through it with a fine toothcomb. They want me out there by July, but I won't be in any rush if I'm not entirely happy with the offer and T&C's.
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