When applying for your 457 Visa, you may well apply with the intention of remaining with the same employer for the full duration of your stay within Australia. 4 years is a long time though so what happens if you want to move to another city or change employers? Perhaps you’ve been offered better pay for the same type of work or maybe you’re just unhappy with your employer.
Thankfully it’s a relatively simple process to transfer your 457 visa between employers and we’ll provide an overview of the process within this article.
Firstly, if you have been granted a 457 visa and you want to change your employer or occupation you are not required to apply for a new visa. With that said, this doesn’t mean that you can simply start working for the new employer?
Before you can transfer a 457 visa to another employer, you must be nominated by your proposed new employer and have that nomination approved first. If you don’t do this then the consequences can be quite serious. There is even a chance that your 457 visa could be cancelled so it’s important to take the necessary steps to transfer your 457 visa properly.
The employer nomination process
In order for your new employer to nominate you, they need to hold a valid Standard Business Sponsorship or be eligible and willing to apply for a valid Standard Business Sponsorship. Once they have this they will need to lodge a 457 nomination transfer application to sponsor you. As part of the nomination process, the new employer may need to prove that the position is a genuine requirement for their business and that they are offering a ‘market rate’ salary.
If you are moving from one job into a job doing something completely different then keep in mind that the duties of the new position will determine the occupation that should be nominated by your new employer. It’s not a problem to be nominated for a different occupation as long as you can meet the requisite skill level.
457 Visa validity following transfer to a new employer
It is important to note that the Subclass 457 visa under the new employer maintains the same validity. What we mean by this is that a new nomination only allows you to change your employer or occupation. It does not extend the term of your 457 visa nor change the conditions that are attached to your visa.
This means if you have already been in Australia for 12 months at the time that you transfer your 457 visa to another employer, you will only have three years of your four year visa term remaining with the new employer.
Leaving your Job then finding a new sponsor
If, during your time in Australia you choose to leave your job (or are made redundant) there are a number of options available to you.
You can find another 457 sponsor, apply for a different type of visa (if you are eligible) or simply leave Australia and return to your country of origin.
If you cease employment, once the Department of Immigration is notified, they will send you a letter. You have a period of 90 days from the date on this letter to find a new employer willing to sponsor you. If you are unable to find a new employer willing to offer you a 457 visa then you will need to depart Australia.
With this in mind it’s important to recognise that it is much more preferable to transfer your 457 visa to another employer rather than quitting your job and looking elsewhere. If you quit your job you have 90 days to find something else. If you don’t then you will need to leave Australia.
How long does it take to Transfer a 457 between employers
Thankfully the transfer process happens quite promptly. The normal processing time for a 457 nomination transfer is approximately 2 weeks.
We hope our article has helped provide a better understanding around the transfer 457 visa between employers however If you have any further questions, please feel free to post them in our comments.