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 [email protected].