Transferring a 457 Visa To A new Employer

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Transferring a 457 Visa To A new Employer


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Old 06-13-2013, 08:55 AM
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Transferring a 457 Visa To A new Employer

Hi

I'm hoping someone out there has had a similar situation before, and can offer me some advice...

I am currently 18 months into my 457 sponsorship. I was sponsored by an employment agency, who contracted my services out to company A. I have been with Company A since the very start of my sponsorship (and 6 months prior to that on a WHV), but my existing contract expires in November.

Since the changes that DIAC made to the regulations in June 2012, I am unable to apply for PR as a contractor, which is fine.

Company A have agreed, in principle, to take over my sponsorship from the existing sponsor, effectively giving me a permanent role after November.

However, Company A have never sponsored anyone before. Also, Company A's HR department seem very negative about my chances of this going through given the current climate and appetite for 457 visa holders. Part of me wants to believe that it's Company A's lack of experience in sponsoring staff that gives them this negative outlook, but that just speculation

My question: If a new employer wants to take over an existing 457 sponsored visa, do they need to lodge a brand new application for a visa with DIAC i.e. go through all the necessary checks (is there a local person that can fulfill the role etc) or is it just an administrative task for DIAC to effectively change the name of the sponsoring company on the visa?

My hunch is that our HR department is complicating a fairly straightforward situation. I would have thought that if a person already holds a 457 visa, and a new employer is willing to take ownership of the visa, then how can the process fail?


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Old 06-13-2013, 10:47 PM
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Hey Redman,

I went through a similar situation when I found my first sponsor back in 2010. The company had never sponsored anyone before and had no idea where to start.

The best suggestion I can give is get a good immigration agent involved to handle both the companies situation and yours.

The first step would be to get the company registered which gives them the ability to sponsor you. This is a complex process for a company that has never done it before and there are a few requirements... from memory one was the company needed to have dedicated a certain amount of their annual GP to staff training etc...

To be honest at the time when I wanted to get into Australia I offered to pay for the agent myself and they took me up on that. I would rather have paid the $5k or what ever it was back then to ensure I put my best chances first rather then letting them do it on their own and having the application possibly rejected.

When it comes to your application: Once the company is approved and able to sponsor to move your visa over to them is simple submitting a nomination application. When you initially did you 457 visa you had to apply for your actual 457 visa and once that was approved you applied for a nomination which gave you the ability to work for your employer. Nomination applications are straight forward, easy and quick.

Let me know if you have any questions.

Dylan


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Old 06-14-2013, 03:03 AM
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Hey DylanW

I appreciate the response. I've learnt a bit more this morning, which has been both good and not so good news.

The good - Company A is already a government approved employer as they have sponsored people before.

The not so good - Company A has been informed by the lawyers that represent my employment agency (and who sorted out my original 457 application) that they are not allowed - according to DIAC - to take over the sponsorship of my existing visa, and that they have to apply for a new 457 entirely.

According to the lawyers, this is a directive from DIAC. I think I'll try to get in touch with DIAC directly to find out if this is true, as it seems a little odd to me that they have altogether stopped the transfer of existing 457 visas

I anyone on this site knows a bit more about this, your information would help a great deal


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Old 06-14-2013, 03:08 AM
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I would say it sounds odd too. I would personally call immigration and ask.


Last edited by DylanW; 12-04-2013 at 09:42 AM.

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Old 12-04-2013, 12:20 AM
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Not directly related but worth go thru,

Existing 457 visa holders will need to meet the English requirement if they are nominated again for a 457 visa - either when extending their 457 with the current employer or transferring to a new employer.


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Old 12-04-2013, 07:29 AM
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Hi Redman,

I think there's a bit of confusion or misleading in the information you've received.

In order to transfer your 457 visa from your present sponsor to your new sponsor, all that is required will be for the new sponsor to have an existing Standard Business Sponsorship approval (which you declared they have already) and for them to lodge a nomination and have it approved. You must have the skills to meet the nominated role, satisfy the English language requirement and the company must meet Labour Market Testing criteria (if not exempt) but there is no "DIAC directive" preventing a change in sponsor.

There can be cases where the 457 visa that is held has an expiry date that is ending soon and in those instances of course a new 457 application should be sought along with the nomination.

I would also suggest that if you're seeking Permanent Residency you should fully explore your eligibility for the Employer Nomination Scheme first before dismissing it as an option. People who satisfy the skill requirement for a 457 visa will often meet the skill requirement for ENS - Direct Entry and the advice you've been getting so far looks way off the mark, so get a professional opinion on this.

All the best,

__________________
Adam Grey

Client Service Manager

QuickVisas - www.quickvisas.co.uk
Carman & Associates - www.carmanimmi.com.au

Last edited by Adam Grey; 12-04-2013 at 07:30 AM. Reason: Clarification

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