switch employer while visa 457 from previous employer still apply

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switch employer while visa 457 from previous employer still apply


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Old 08-01-2013, 01:33 PM
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switch employer while visa 457 from previous employer still apply

Hi all,

I have a question. I'm working in a US-based company in Jakarta, Indonesia (Asian branch). I have been appointed to be outsourced to work in Melbourne temporarily under visa 457 in my company's client. the question is:
1. let's say my visa will expire in 2 years, and in the 2-year timeframe, I'm applying for another job in Australia (Australian local company), what would happen to my existing 457 visa?
2. is this quite common in Australia?
3. Do Australian companies despise this kind of practice? I mean, do Australian hiring firms and employers accept candidates under this condition?
Thank you very much.


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Old 08-01-2013, 04:03 PM
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Hi Motorola -

This is possible, but must be done very carefully, especially since the 457 rules were severely tightened on 1 July 2013. The key question: who is the 457 sponsoring employer? Assuming all is in order with that and you are approved for the 457 visa, people routinely will switch to another 457 sponsor during the course of their 457 visa - this can happen due to simply changing jobs, the original sponsor no longer needing the services of the employee, the original sponsor going broke, etc. The key to continuing your 457 visa in these situations is finding another employer who will employ you in the same occupation as you were employed under with the former company.

But as I said, there are lots of rules and regulations that govern this sort of thing, and the recent "crackdown" on 457 visas by the Australian government has only made things worse. Would suggest you consider professional advice when planning this sort of 457 matter.

Best,

Mark Northam

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Old 08-02-2013, 01:35 PM
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so, basically the obstacle is from australian goverment? the hiring firms and australian local company have no "allergies" to employees with this situation? I'm an IT programmer, so of course when I look for job in australia, I'd be looking for the same line of work. So, are you saying that if I got another employer willing to hire me when I'm still working in the US company's client in Australia, my 457 visa won't get revoked? just need to update the employer data in DIAC? thanks


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Old 08-02-2013, 01:49 PM
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Hi Motorola -

It's not quite that simple. I'm speaking only of the immigration aspects of the switch - there are many other aspects - for instance, contract issues, etc. But from an immigration view, if you are sponsored by Standard Business Sponsor (SBS) A, and you are working in Australia under a 457 visa sponsored by SBS-A, and you decide you want to quit (or you're fired), you have 28 days to find a new sponsor (we'll call him SBS-B) who needs to lodge a new nomination in order to be able to sponsor you. Assuming that new nomination by SBS-B is approved by DIAC, at that point you would inform DIAC you wish to accept the position, and your 457 visa will be linked to the new nomination with SBS-B. There are more than a few regulations that affect the lodging of the new nomination and linking your visa, but those are the major points involved.

As to what hiring firms, recruiters, etc may feel about this sort of sponsor-hopping, that's not my area, but I would guess that it's no different than someone who changes jobs frequently - they're often considered less reliable for long-term employment, etc.

Hope this helps -

Best,

Mark Northam

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