leaving OZ for 1yr on 457 visa???

Old Apr 14th 2010, 10:41 am
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Exclamation leaving OZ for 1yr on 457 visa???

Hi there can anyone give any advice on this as I have been told 2 different things
We moved to Perth in september 2007 on a 457, 4 year visa, we came home in may 2009 as I unexpectedly fell pregnant and due to problems with my blood I crazily thought i would be better in the UK
We now are ready to go back to OZ and was going to start looking at visas again but was told by a friend that our 457 visa would still be valid? It runs out in july 2011! we were told that if you are out of OZ for 3 months then the visa in invalid! But then we were told this changed last year??
Can anyone tell us if this is true?? has anyone had similar experiance??
Also do we have to go back to same employer?? (friend said yes?) or if we get another job offer can we change the employer on visa???????
any help greatly appreciated!!!!
Kelly
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Old Apr 14th 2010, 12:44 pm
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Default Re: leaving OZ for 1yr on 457 visa???

Originally Posted by babypom View Post
Hi there can anyone give any advice on this as I have been told 2 different things
We moved to Perth in september 2007 on a 457, 4 year visa, we came home in may 2009 as I unexpectedly fell pregnant and due to problems with my blood I crazily thought i would be better in the UK
We now are ready to go back to OZ and was going to start looking at visas again but was told by a friend that our 457 visa would still be valid? It runs out in july 2011! we were told that if you are out of OZ for 3 months then the visa in invalid!
AFAIK the 457 is only valid as long as you are employed by the sponsor. If your employment ceases, I think you have 3 months to find another employer who will sponsor you again.
But then we were told this changed last year??
Don't know about that one, our 457 stopped last year when we became PR

Also do we have to go back to same employer?? (friend said yes?) or if we get another job offer can we change the employer on visa???????
any help greatly appreciated!!!!
Kelly
I would assume that your visa is no longer valid with your previous employer since you've been out of the country for almost a year, unless they kept paying you and you still paid income tax in Oz.

457 visas are sponsored visas as you know and therefore are only valid for as long as you are employed by your sponsor. Hence the large collection of labels in our passports (we went through about 5 or 6 employers in about 4 years, so 5 or 6 different 457 visas)!

I believe you can't change the employer on the visa, you have to apply for a brand new visa every time the sponsor changes. Somebody might correct me on that if it's changed in the last 18 months..
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Old Apr 14th 2010, 12:55 pm
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Default Re: leaving OZ for 1yr on 457 visa???

The short answer is your visa has expired, you need to start the process again.

You can change the sponsor on 457 visas now (changed in September) but not when there is a 12 month gap inbetween, it has to be a seamless process.

Last edited by Bermudashorts; Apr 14th 2010 at 1:02 pm.
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Old Apr 14th 2010, 2:34 pm
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Default Re: leaving OZ for 1yr on 457 visa???

Originally Posted by Bermudashorts View Post
The short answer is your visa has expired, you need to start the process again.
As Bermudashorts says! Mine was a bit long winded but same result!
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Old Apr 14th 2010, 3:26 pm
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Default Re: leaving OZ for 1yr on 457 visa???

There have been many changes to the 457 work condition over the last couple of years so it will depend on the version that was attached to your 457 visa that was in vogue when you applied.

The visa is likely still to be valid but is liable for cancellation. If you found a new sponsor and got a new nomination approved, DIAC could just allow you to continue on the visa you have as it will not have the newly worded restriction on it. So find a sponsor and get a nomination and then ask DIAC which way they want to play it. It is not advisable to arrive in Australia on this visa, even though it is probably still valid, as DIAC may cancel it at the airport and put you back on the plane.

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Old Apr 14th 2010, 9:34 pm
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Default Re: leaving OZ for 1yr on 457 visa???

As long as you are still employed by the employer who sponsored you for the 457, it is still valid. We have just been out of the country for 10 months (due to my dads illness) my employer kept my job open and we return in 10 days on the same visa. We checked with immigration before making our return plans and they informed us that the rule has now changed, allowing 457 visa holders to be out of the country for more than 3 months.
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Old Apr 15th 2010, 8:01 am
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Default Re: leaving OZ for 1yr on 457 visa???

Thanks all so much for your replies!!!! It is the same employer we are going back to so that is magic!!! we were just curious if you could get other employer, but didn't think we could on same visa!
Thanks again Kelly
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Old Apr 15th 2010, 11:21 am
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Default Re: leaving OZ for 1yr on 457 visa???

As welshtony said, although the rules are different now you are bound by the ones that were in place when you were granted your visa.

The grant letter should have had attached the list of obligations and rules that applied to your visa at the time.

It can be confusing as although it is the same visa it will depend when it was granted so other people may well have different conditions on the same visa!

Your employer should be able to check that all is in order.

By the way congratulations on the baby - who will need either need to be added to the visa if this is possible (some do not allow this) or get a child visa for them.
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Old Apr 16th 2010, 12:48 am
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Default Re: leaving OZ for 1yr on 457 visa???

Perhaps things have changed recently. But I thought if you are on a 457 visa and leave employer, employer tells DIAC and the 457 visa is cancelled.
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Old Apr 16th 2010, 7:57 am
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Default Re: leaving OZ for 1yr on 457 visa???

Perhaps things have changed recently. But I thought if you are on a 457 visa and leave employer, employer tells DIAC and the 457 visa is cancelled




Yes thats still true, but OP has stated he his still with employer, as am I.
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Old Apr 16th 2010, 8:29 am
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Default Re: leaving OZ for 1yr on 457 visa???

Originally Posted by carolcaroline View Post



Yes thats still true, but OP has stated he his still with employer, as am I.
But how can they still be with the employer if they have not stepped foot in the country for 12 months?

The OP says they would go back to the same employer, but not that they are still with them and have been an employee all this time.
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Old Apr 16th 2010, 5:38 pm
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Default Re: leaving OZ for 1yr on 457 visa???

Originally Posted by Bermudashorts View Post
But how can they still be with the employer if they have not stepped foot in the country for 12 months?

The OP says they would go back to the same employer, but not that they are still with them and have been an employee all this time.
Maybe I misunderstood then? But I do know some employers keep your job and give you unpaid leave for up to a year. Mine did.
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Old Apr 16th 2010, 6:10 pm
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Default Re: leaving OZ for 1yr on 457 visa???

Originally Posted by carolcaroline View Post
Maybe I misunderstood then?
There isn't enough information to misunderstand, I was pointing out that the OP has not said whether their job was kept open and they remained an employee or not. They just said they would go back to the same employer but that is not the same thing.
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Old Apr 16th 2010, 9:10 pm
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Default Re: leaving OZ for 1yr on 457 visa???

Originally Posted by carolcaroline View Post
Maybe I misunderstood then? But I do know some employers keep your job and give you unpaid leave for up to a year. Mine did.
Thanks for your help Carolcaroline! Nice to know someone is in the same boat! and yes you are right we are with the same employer we had over 2 years left on visa when we left and were told if we returned within this time his job would still be there! I did ask in original post if possible to change emloyer only out of curiosity!
Thanks again, the companies immigration agent is now looking into visa for Blayne so we will take it from there!! Kelly
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