Question: I have been working with one employer on a 457 but changed to another employer, can I still get PR? I have now worked for 2 years.
- With the change in legislation, that just occurred on the 1st of July, changing employers on a 457 can still mean that you can get your Permanent Residency (PR) after 2 years. However, it must be for the same employer in the same location. The new legislation simply allows for businesses/entities who have undergone a change in ownership, business structure or name change (including Australian Business Number/ABN change) to still benefit the employee when transitioning to PR via the subclasses 186’s and 187’s temporary transitional routes.
- If you are intending to apply for the 186 or 187 visa via the temporary transitional routes and are switching to a totally new employer, then you cannot count past employment experience towards your 2 years.
- Your only options are to clock up another 2 years with your new employer or apply for PR via the Direct Entry route with your new employer (if you wish to apply immediately or before working for 2 years with your employer).
Now, “did you know” that you can switch employers at any time whilst you are on a 457? The answer is “yes, you can” as long as you also abide by the termination clause in your current employment contract and give proper notice to your employer about ceasing employment with them (and vice versa if your employer is letting you go).
The rules are:
- You have to find a new employer to hire you within 90 days of ceasing employment with your previous employer, or within 60 days if your 457 visa was granted on or after the 19th of November 2016
- Your new employer must have a valid and approved 457 Business Sponsorship
- You have to make sure that your new employer “nominates” your position before your 90 days or 60 days are up (i.e. Lodge a 457 Nomination application for your position)
Make sure that you seek professional advice if you intend on changing employers so that you can avoid any issues with the Department of Immigration.
If you need professional help with employer sponsorships, nominations, and visa applications, contact us at solutions@visaone.com.au.
Hi,good morning. I am currently on visa 403 . I want to change my employer of my field. Would be that possible for me to change?
I'm on a bridging 187 visa and was lodge on August,but then my employer terminated my employment..and a new employer is willing to absurb my visa..it is possible or my visa will be refuse
Hi,Good evening. I am on bridging visa A with my new sponsor and waiting for the visa approval. Can I continue working with my old employer till visa comes.my new employer has no work now due to covid .what should be the best advice for me. Thank you
Hi, thanks for your help
My partner is currently on bridging visa A, waiting for 13 months already 186 TRT visa approval, he was on 457 before it for 2years.
The employer is thinking about sell the business. If he sells the business, but keep the business name and also my partner keep working on the same place, position and salary, but change ABN.
Is there anything we can do to avoid visa refusal?
thanks
Hi Isis,
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Hello,
I'm now on a 457 visa working for an employer X. There is a new employer Y who wants to nominate me. If the new nominations is rejected, can I still keep working for my current employer (employer X)? or is it that my visa is cancelled?
Thanks ahead,
Oren
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Hi,
I am currently on 457 visa and have lodged for partner visa (801/820). My 457 expires in July 2019 and bridging visa activates automatically. Can I change my employer while I am on a bridging visa.
Thank you.
Hi Netha,
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Hi,
I have been working for company B for 2 years. Now I have been granted visa 457 with company A, however I am not yet to start working for company A, because A is unable to arrange a proper position for me in time. In the meantime, could I continue working for B or any other companies until I start working for A (within 90 days) or find out a new sponsor.
And What if I cease employment with A, and look for a new sponsor within 60 days. During this time (after ceasing employment with A), could I work for B or any other companies?
Best regards,
Hi Nguyen Le,
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Hi! I'm currently on a Bridging Visa A wating for a decision on my 187 visa application. The hotel I work for was sold and I want to transfer my visa to another company (actually in the same group, but diferent ABN). Is this possible?
Thanks for your help.
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Hi there,
I have worked for my current employer on 457 visa for more than 2 years, now I’m applying for 187 TRT visa, if my current employer sell the business to someone, who willing to take over me to work the same position , same structure, same restaurant, and same business name, the only change is ABN. What happen if during processing time of this visa, can my current employer transfer me to new owner with same everything except New ABN? My current employer said that the contract of selling business will add the condition that new owner have to commit that my position will available for 2 years after PR grant. My question is if I’m trying to apply visa 187 TRT now, will my 187 TRT be refused if transfer to my position to new owner and going to tribunal? Or I have to wait for new owner take over my 457 visa? Because as they are new owner, so they can’t show any BAS, financial support, or approved SBS, etc. So what is the best option I have to do now? I don’t want to do the skill assessment, and I also get English exemption for TRT because I have studied for 5 years in higher education in English.
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Hi I applied 187 visa before 9 months ago but now my employer wants to sell business so what will be effect on my application and what can I do now but still I am doing job there not sold yet business
Hi Deep,
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Hi I have the same situation but my owner just wants to put it on sale as it''s a franchise and the head office pushes the owner to refurb and this is the way the owner does to avoid and hold on the refurbishment. I would be very appreciated if you can give some answers, advised or share your experience. Thank you very much.
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Hi I lodged 187 visa application before 9 months ago but now my employer told me he wants to sell my business plz tell me it will bad effect of my application and but I can do now but still I am doing job there not sold yet
Hi, thanks for your support first.
I/m currently under 457 sponsor and in october 2018 i will be eligible to apply for the 186 TRT because i will have worked for 2 years with this employer.
Today my employer told me that they are going to sell the business(BTW their lease will expire in november 2019).
What happens if i apply for the 186 visa and after they sell to someone else?what if the new buyer change the ABN? Or what if they decide to keep the restaurant close untill a new buyer comes?
thanks
Hi Christian,
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hi Just wondering what happens to someone who lodge 187 application in February and now the employer has terminated his appointment. what can the person do?
Hi CeeVee,
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hi, justwondering whatwould happen tp someone whohas just lodge 187 application in Feburaryand now the employer has terminated her employment. what is your advice?
Hi!!
I am sponsored by "xyz pty ltd" but their trading or Business name is "ABC". I am working in "ABC". My owner is planning to sale the ABC that means business. But they will not sale or close "xyz pty ltd".
My question is will it effect my 187 DE visa and nomination application if they sale "ABC" the businesa
Please Help me out. It is killing my mind.
Thanks
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Hi
Need advice,
I am on 457, my current employer was not willing to nominate for my PR after being working for 2.5 years.After some weeks of frustration I found a new employer through an Migration agent and I lodge a new 457.This week things has change my current employer is willing to nominate after all dramas for my PR in four months time.I am planning to widraw the new application. My concern.Is this matter could affect my future application for my PR with my current employer?
Please need orientation!
Hi Maximo,
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Hi, I am currently on a 457 visa and planning to change to a new employer. With the new visa changes from yesterday and the grandfathering arrangement, my question is, if the new employer needs to pay the salary rise for my position as the minimum salary for the occupation has changed or do the old salary rules apply? Thanks you.
Hi Sabrina,
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Hi there,
I’m wondering I’m currently on 187 bridging A visa , logied 11 months ago. However, my employer wants to shut down their business. I'm wondering whether DIBP will immediately notice this circumstance and give me notice for leaving or not. And if I have to leave, do I have to apply other Visa such as travel or student one.
Kind regard
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Hi, I was granted with my 187 visa in Oct 2016, but I commenced my work as a teacher with my company in Feb 2016 with a 457 and then a bridging visa before I received my 187. Now I'm thinking to leave my work early next year because I am not sure how much longer I can put up with the frustration and drama happening in the workplace. I've worked for the company for nearly 22 months in total so far and nearly 14 months after my visa was granted. I don't want to risk my visa but would it be considered 'genuine effort' if I end up leaving them before Oct next year? Thanks.
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I already found a new employer who is willing to continue my sponsorship. However they are asking me to resign first with my current employer before they nominate me, is it safe to do so? And also is the ANZSCO code should be the same with the current and the potential new nomination? Although i am a nurse there are a lot of anzsco code for nurses. Also, The IELTS result that I used when I submitted docs for the 457 application have already expired,will the DIBP ask me to retake the exam again?thanks
Hi Grace,
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I was working as fleet manager on a 457 visa granted on july 2016, valid until july 2020, recently i had some problem with my employer and he has terminated my employment, now i am on searching period of 90 days, i have one 457 SBS approved employer who has a retail store and have retail buyer position (turnover of around 2.5 million) and one is indian restaurant which has restaurant manager position, my question is do i need to lodge only nomination or i also have to lodge my visa as well as occupation is totally different from my current position.
Hi Gary,
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my visa granted on 18th of July 2015 and then i had changed my employer but the location is still same the address also in November 2016
question is when i can apply for my Pr this july or i have to wait until novemberJ next year?
Hi Suresh,
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Hi VisaOne,
I have been working on visa 457 for 2 years in Australia now, but for 9 months with the first employer and remaining time with the current employer, and the current employer is willing to sponsor the permanent residency visa 186. So my question is am I eligible for that visa or do I need to cover 2 years under the same employer (current one)?
thanks.
Hi Stealth,
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Hi there,
I'm wondering I'm currently on 187 bridging visa , logied 4 months ago.
Can my employer terminate me and cancel my visa application?
No reasonable reason was given for my termination, never had warning letter but they firing me now.
As my employment with them not reach 6 months yet, I can't notify fair work about unfair dismissal.
I'm worried about my visa now and upset for the money that I've spent.
Hi Sarah,
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hi there,
i have been working for a cafe as a chef from last 7 years and this august it will be 2 years of my 457 visa. But unfortunately my company has change its ABN from (partnership to company) but the owner and location is same.
Will my 2 years count and will i be able to apply for PR in august. thank you
Hi Akash,
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Hi,
I have been on 457 for two year with one company. They have applied for ENS as Temporary Residence Transition stream three month ago. But now the company is sold into another company (Possibly ABN will change but not the location and I will still have the same role). I am wondering how my ENS application will be effected?
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Hi,
im on a 457 visa cook, planing to switch to a new employer, would the new 457 tss rule apply to me or the old 457 rules of 2 yrs in 1 employer still? thanks
Hi Mike,
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Hi,
I was granted my 457 as a sales representative (medical and pharmaceutical) in July 2015 and was made redudant by my previous employer Jan 1, 2017. I was employed with my new sponsoring company March 2, 2017 and they lodged a sponsorship transfer nomination March 17, 2017. I expected the process to be very quick since as it is just a change of ownership but have now hit the 8 week mark of waiting for approval...I was curious if you knew if I'm still safe under the "grandfathering" of previous 457 visa holders being in this situation of sponsor transfer and also if you have any idea how long it normally takes for the approval.
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Hi i am under visa 457 as chef but I transfer the visa to another restaurant about 6 months ago without any reply. Would the new low affect my visa process? Thanks
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Hello Team,
I am here on 457 Dependent Visa, What will be the possible scenarios for VISA sponsor change .
Can I change my sponsor er ? what are the new Rules after 457 Abolished?
Hi Niraj,
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While waiting for our email, you could read our new article regarding the news about the 457 abolishment:
457 Abolished | The Real Changes That Will Affect You Now
Hi There,
I am on a 457 currently but possibly facing redundancy in coming weeks/months. My job title has been removed from the list. Will it be possible for me to find another sponsor?
Will the new list be used when attempting to try transfer a 457
Thank you
Hi Sarah,
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HI
I have been working with a medical deputizing company in SA from the past 1 year and 2 months. The company sponsored me for RSMS 187 visa which is still in process. Step 1 got cleared , Step 2 and Step 3 still under process and I am waiting for a case officer to be assigned.
Its just last week that the company has decided to merge with a much bigger company. The new employer knows I have my 187 in process. My duties are the same my contract, office phone number office address designation each and everything is the same and it will remain the same. All I am worried about is that will this change in the employer effect my 187 application as some say it will get invalid straightaway. Quiet worried about it as its been almost 5 months now that my 187 has been launched.
Thank you
Hi Rizwan,
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Hi there,
I am currently working for company (employer A) on a 457 visa and have been working for over 8 months. I want to change my employer and found a new company (employer B) who is willing and have the business sponsorship to nominate me for the same position. The questions are:
1) -Can the new employer lodge the nomination forms while I am still working for current employer (employer A)?
2) -Can I wait for the nominations to be approved with new employer (employer B)before giving notice resignation to my current employer (employer A)?
3) if the new nominations is rejected, can I still work with my current employer (employer A)? as I haven't give notice about my resignation to my current employer?
4) -Under what circumstances I am eligible to change my employer.
could you please help me. I am really worried.
Thank you so much.
Hi Endro,
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Hello there,
my visa granted on 5th of May 2015 and then i had changed my employer in January 2016
question is when i can apply for my Pr this May or i have to wait until January next year?
Best regard
Hi Fern,
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Hi I want ask after applying ens can we change employer in same field or not if we change it put any effect on ens decision
Hi Ran,
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Hi there,
Is 457 visa transfer often rejected? My new agent told me there is a likely hood of my transfer being rejected purely because I only have a proof of my English education being 4 years and 7 months as opposed to 5. But then I have already been granted 457 visa and the agents were satisfied with the proof, how come a transfer can be rejected based on that? I thought that since I already have the 457 visa the transfer is a simple admin matter , not a new visa application.
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Hi , I have lodge a visa 186 from 457 transition Stream and wait for about 6-8 months to be decided by Immigration. At this waiting period another good employer want to sponsor me as 457 visa, If i will accept the offer, What will happen to my visa 186 that was lodge? Does this can affect with the immigration decision for my 186 Visa?
Hi Marc,
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My employer has lodged my pr nomination for 187 , though I have found a company I prefer in a different state willing to take over my 457 , can this be done?
Hi mark lynch,
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Hi there, I have sponsored by my employer but he said I can start working with him ones my visa is granted but after applying visa my nomination got refused, so my Ma said to withdraw the visa and find a new employer to sponsor. I was on bridging visa A. But after he did contract and all he refused to sponsor only 3-4 days before my 28 days ends. So I requested my Ma to apply visa without any paper work not even RCB. She did so. As now I m on bridging C. But thank god the employer I m now working with agreed to sponsor me and got the RCB as well. But the problem is my Ma says as we applied visa and nomination with the previous employer now I need to apply new visa application. I had to pay more n more visa fees with no refunds. Some other MA's told me that we can withdraw the nomination and link this new nomination to the visa. Please help me by answering my question that what should I do? Should I withdraw whole visa application or only nomination and link it to my current visa application? Thanks in advance.
Hi Umme sanaya,
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Hi
I am on a 457 visa and have been working for over 5 months. I want to change my employer and found a new employer who is willing and have the business sponsorship to nominate me for the same position but with bit higher salary.
1) -Can the new employer lodge the nomination forms while I am still working for current employer.
2) -Can I wait for the nominations to be approved with new employer before giving resignation notice to my current employer.
3) -Is there is any chance the DIAC will penalize me when applying for PR, if I change my employer after 5 months.
4) -Under what circumstances I am eligible to change my employer.
could you please help me. I am in a terrible situation.
Hi Athula,
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Hi my name is andrea i have been in sponsor with a restaurant for 2 years but things didn't go well so we had a verbal agreement that said i will leave
I have found already another business willing to take over my sponsorship but they have to apply for the nomination because they haven't sponsored anyone before
They will lodge the nomination in the next few days and my new boss has already paid the imm agent to start the application
When do i have to pay totransfer the visa for me my wife and my child and how much?do i have to pay after the nomination is been approved?
Even if we had a verbal agreement do i still have to ask my old boss the notice letter or not?my new imm agent said it's not relevant to transfer the 457 visa
Thanks to anyone
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Hi I've been on 457 visa for 1 year.
A company will change soon the company's restaurant to franchise restaurant on same brand, same location. also, the company said the company will pay for me after owner for the restaurant.
Can I still apply ENS Visa , when It's turned 2 years under the situation ? Also, What could be happened for me, If the owner will be changed?
Regard
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Hi I have been on 457visa 1year. A company will change soon the company's restaurant where I am to franchise restaurant at same location,same brand .Also the company said the company will pay for me after changing owner of the restaurant.
Can I still apply to ENS visa, when It's turned 2 years? Also, What could be happend, If the owner will be changed ?
If I change the employer with less than I year, I need to reimburse visa and realocation costs to my old employer?
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Hi M on 457 visa can I transfer visa to other employer who gt temporary position 12 months in same field and position fr which I gt 457. Can 457 visa allow me to work on contract basis or I can only work on permanent position?
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Hi, i started an application to change my employer few months ago. Nothing come up for almost 4 months so we (me and the new employer) gave up on this and I decided to remain with the company that initially sponsored me.
Unfortunately Just today I received notification that my application has been approved, is it possible to cancel this application? Will this create trouble with my current visa?
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Can you please share the answer here, I have exactly the same case.
And why the transfer took a very long time, I've heard it takes 2-3 weeks.
Hi Ram,
We would be able to help you more if you could email us more details of your situation in solutions@visaone.com.au so that our visa experts will be able to get in touch with you directly. Cheers!
Hi Ram,
Thanks for your message on our website.
Unfortunately if the new nomination was approved, then you have to work for the new employer. There is no way of reversing it, as the nomination should have been "withdrawn" (which would have solved the matter) if the employment transfer was recinded.
At this point, if you wish to remain with your original sponsor, you have to submit a new nomination from the original sponsor. Otherwise, your 457 switching back and "not" forth will cause an issue, especially if you are intending to apply for PR down the track, after 2 years of work with the one employer.
Yes, typically it should only take a few weeks to process, so there must have been some reasons in relation to your application that caused the delay. In future, we highly recommend that you engage a migration agent who can prepare, submit, represent and monitor your case from start to finish.
Regards,
Yuri Marshall
Principal Consultant
Visa One Pty Ltd
Can you please share the answer here, I have exactly the same case.
Hi Ram,
We would be able to help you more if you could email us more details of your situation in solutions@visaone.com.au so that our visa experts will be able to get in touch with you directly. Cheers!
Hi Ram,
Thanks for your message on our website.
Unfortunately if the new nomination was approved, then you have to work for the new employer. There is no way of reversing it, as the nomination should have been "withdrawn" (which would have solved the matter) if the employment transfer was recinded.
At this point, if you wish to remain with your original sponsor, you have to submit a new nomination from the original sponsor. Otherwise, your 457 switching back and "not" forth will cause an issue, especially if you are intending to apply for PR down the track, after 2 years of work with the one employer.
Yes, typically it should only take a few weeks to process, so there must have been some reasons in relation to your application that caused the delay. In future, we highly recommend that you engage a migration agent who can prepare, submit, represent and monitor your case from start to finish.
Regards,
Yuri Marshall
Principal Consultant
Visa One Pty Ltd
Hi, i started an application to change my employer few months ago. Nothing come up for almost 4 months so we (me and the new employer) gave up on this and I decided to remain with the company that initially sponsored me.
Just today I received notification that my application has been approved, is it possible to cancel this application? Will this create trouble with my current visa?
Do we have to serve a minimum period with an employer before switching to a new employer ?
Hi Duke,
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Hi Duke,
Thanks for your question.
If you are on a 457 visa, then you must at least work with them for one day. Then after that you can switch to another employer, as long as the new employer is willing to sponsor you and nominate you to transfer your 457 to their business.
You may also contact us at solutions@visaone.com.au if you have further questions.
Regards,
Yuri Marshall
Visa One Pty Ltd
Principal Consultant
Thanks a lot for the answer!
nice and informative.... need more feature like did
Thanks Alam! If you have comments, suggestions, or even enquiries, you could send us an email here: https://visaone.com.au/contact-us/