George Lombard

There have been significant changes to the 457 regime today affecting sponsors, visa applicants and visa holders.

Details are at http://www.immi.gov.au/gateways/agen...egislation.htm .

Much of this material has been advertised previously however the special arrangements now available for people changing or ceasing employment are quite significant and unanticipated.

Cheers,

George Lombard

kml123

George,

Thanks for posting this information, as a current 457 holder am I entitled to this change

I'm not too sure what this clause means

2.2 Transitional provisions
The new version of condition 8107 applies in relation to:
􀂃 a Subclass 457 visa:
􀂃 on which condition 8107 is imposed; and
􀂃 that is in force on 14 September 2009; and

George Lombard

Dear KM,

I'd prefer not to be specific at this stage however it does seem to suggest slightly greater mobility for existing 457 visa holders, given that condition 8107 is the major limitation on working for other employers - there would be a condition 8107 on your own visa label for example.

Cheers,

George Lombard

ex_exile

They also gazetted a new 442 / 457 occupations list on Friday.

dipenpatel123

Hello George

Can you update us with the information on current times like you have done here, please?


"Current Information on GSM Processing Times - information only"

Thanks in advance.

George Lombard

... which I think has done away with the idea of a regional 457 visa once and for all. Not aware of any changes in the list of ASCO codes for managers, professionals, para-professionals or tradespersons.

Cheers,

George Lombard

kml123

Thanks for you help with this George, great information to have

SpringMelb

Thanks George! I've read through the documents and tried to find the parts that address my case but couldn't .

I'm a 457 visa holder and about to change jobs. My new employer already lodged a nomination for me and it was approved about 1 month ago (well before 14 September). I've now started to make arrangements to lodge a new 457 visa application to be able to work for my new employer. However, I've just noticed that from 14 September 2009, current 457 visa holders who want to change employers (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa (see http://www.immi.gov.au/skilled/skill...s-employee.htm).

So my concern is that, given the new employer's nomination was approved before 14/09, am I subject to this change, i.e. not required to apply for a new 457?

Any clarifications are very much appreciated. Thanks!

George Lombard

Dear SM,

Yes I'd say on that basis your conclusion is rational, but if you want the whole 4 years then you can go ahead with the new application. I'd only warn that whether you stay with the existing employer or go with the new one, you can't escape the mechanism for determining that your salary in the new job meets the market salary requirement.

Cheers,

George Lombard

CrystalBall

Nominations now form a 1 to 1 relationship with a Visa Holder (or Applicant).

If the Nomination that the company had, listed your name as the person to fill the position, then I'm pretty sure the nomination stands. (If this is the case I assume you can just resign and start work with the new company)

If you weren't listed then the company will need to lodge a new Sponsorship and Nomination (which will list you) under the new system.

Even if the company is an existing SBS they cant nominate under the new system unless they re-apply. Sponsorships now last 3 years (previously 2).

In any event you dont need to lodge a new visa application, unless your current visa is about to expire and you need 4 more years.

Call the department and find out exactly what they think the situation is, as you haven't provided enough information here for a definitive answer.

If you currently have a 457 visa, then from 14 September 2009 the 8107condition now has the new meaning, it doesn't retain the old meaning. (to Clairfy)

I use a site called PayScale to get information on Market Rates, it seems pretty good (no affiliation i might point out) and its free.

George Lombard

Hi Mark,

You could be right but I think the insistence on market salaries is more ideological - given the strong union campaign on 457s during the 2007 election - and I would be starting with sites like http://www.fairwork.gov.au .

Cheers,

George Lombard

SpringMelb

George and CrystalBall, thanks a lot for your clarification! However, I've called DIAC yesterday afternoon, and was advised that I need to lodge a new 457 visa because my new employer's nomination was approved before 14/09. The nomination did in fact list me as the nominated employee. I'm really confused now.

CrystalBall

HI George,

Yeah I agree most of my clients are professionals so they dont have an award, for tradies and award occupations fairwork is excellent.

I think the changes are pretty good all round.

cheers

Mark

jeanjean044

Hi guys,

My student visa is about to expire in march 2009 and am going to apply for 457 Visa with my employer. Am I able to get a Bridging Visa if it takes a long time to grant my 457 Visa? Is it true that processing time is about 2 weeks to a month?

Also, I can't find any provision in immi.gov.au that says in a 457, you can only be employed by your sponsor and can't have 2 jobs?? Is it also true that you must work full time?

Thanks in advance for your replies.

JAJ

Make sure you lodge a valid application while still lawful, also bear in mind that you need to apply for a separate bridging visa if you want to travel.

Does this help:
http://www.immi.gov.au/skilled/skill...s-employee.htm