If you are currently on a 457 visa and you wish to change employer sponsors, you can do it. There is actually no need to re-apply for your 457 visa as long as there is still enough time left on the validity period of your current 457 visa. All you need to do is apply for a 457 transfer, which involves your new employer getting an approved 457 Sponsorship, and an approved 457 Nomination.
Now, the key factor is doing it in a timely manner to ensure that your 457 visa does not get cancelled, because there is either a 90 day period or 60 day period (depending on the date of your 457 visa grant) where you have an opportunity to find a new employer. Otherwise, if you go beyond this “grace” period, your 457 visa can be cancelled.
Here is how to transfer a 457 visa without risking cancellation:
Step 1: Employment Contract Compliance (notice period for termination of employment)
You need to comply with the notice period of your employment contract with your current 457 sponsor (example: 4 weeks notice). Once you and your employer are on the same page with the terms of your resignation, your employer will then notify Immigration that your employment with them has ended.
Step 2: 90 Days / 60 Days To Get A New Sponsor
Once you know the date of your final day of employment, you will have exactly 90 days or 60 days to find a new employer to sponsor and nominate you to continue working in Australia on a 457 visa. If your 457 visa was granted before the 19th of November 2016, you will have 90 days to transfer your 457 visa. If your 457 visa was granted on the 19th of November 2016 and onwards, you will have 60 days.
Step 3: Submit New Sponsorship
Your new employer is required to already have an existing (and valid) approved 457 Business Sponsorship or they will be required to lodge a new one to become an approved 457 Business Sponsor.
Step 4: Submit New Nomination
Once a 457 Business Sponsorship has been lodged, a new 457 Nomination must also be submitted which is an application to have the vacant position approved to be filled by a 457 visa holder. Both the sponsorship and nomination must be submitted within the 90 / 60 day period. Make sure you mark your calendars and plan your transfer carefully to avoid going over the 90 / 60 day period.
Once both the Sponsorship and Nomination have been approved, your 457 visa will continue under your new employer’s business, and they will take over the 457 obligations for your time in Australia.
Please note that failure to look for a new employer within 90 / 60 days can result in a possible cancellation of your 457 visa. If you are outside of this period already, then you will definitely need to seek some professional advice to help with your situation.
If you require professional assistance with a new 457 Sponsorship and/or a new 457 Nomination, to transfer a 457 visa, please email us at [email protected] or for any urgent matters, please call us on 1300 61 99 77.
*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.