457 Visa Nomination - how long until decision?

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457 Visa Nomination - how long until decision?


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Old 12-21-2019, 02:42 PM
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457 Visa Nomination - how long until decision?

Hey guys, I already have a 457 valid until September, currently out of country due to training but my employer is submitting another nomination for me, the same as my previous nomination, before the 90 days expiry so that I can resume working as soon as I finish that training.

They have submitted this nomination but I'd just like to know how long these usually take before a decision is made, because without a nomination my 457 will expire in mid January...

Can a 457 expire whilst a sponsorship nomination application has been submitted and is awaiting a decision?


Last edited by Ciaran88; 12-21-2019 at 06:47 PM.

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Old 12-21-2019, 07:24 PM
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There is no 90 days expiry.
It might pay you (and your employer) to seek professional advice.

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Old 12-21-2019, 07:26 PM
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Quote:
Originally Posted by wrussell View Post
There is no 90 days expiry.
It might pay you (and your employer) to seek professional advice.
My migration agent has said this:

Condition 8107 attached to your Subclass 457 Visa (Condition. 8107(3B)(b) states: if the holder ceases employment the period during which the holder ceases employment must not exceed 90 consecutive days

How do you mean there is no 90 day expiry?

My main concern is, does the nomination have to be approved or just submitted within that 90 day window?


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Old 12-21-2019, 07:39 PM
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Quote:
Originally Posted by Ciaran88 View Post
My migration agent has said this:

Condition 8107 attached to your Subclass 457 Visa (Condition. 8107(3B)(b) states: if the holder ceases employment the period during which the holder ceases employment must not exceed 90 consecutive days

How do you mean there is no 90 day expiry?

My main concern is, does the nomination have to be approved or just submitted within that 90 day window?
The 90 days has been changed back to 60 days.

It might pay you to ask your registered? migration agent to review the advice you have received,

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Old 12-21-2019, 07:40 PM
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Quote:
Originally Posted by wrussell View Post
The 90 days has been changed back to 60 days.

It might pay you to ask your registered? migration agent to review the advice you have received,
My migration agent has gone on vacation!

The 90 days should still apply to those on 457s granted before November 2016 no?


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Old 12-21-2019, 07:44 PM
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-----------------------------------------------------------------------
How long can a subclass 457/482 visa holder stay unemployed?

Employers may be approached by job candidates who are already 457/482 visa holders. In some circumstances, employers may need to lodge its nomination quickly to protect their desired job candidates from any breach of visa conditions. This means that the new employer must lodge a new nomination application before the end of the maximum unemployment period. The period permitted varies as follows:

for visas granted before 19 November 2016 – maximum of 90 consecutive days
for visas granted on or after 19 November 2016 – maximum of 60 consecutive days
-----------------------------------------------------------------------
From Hall & Willcox, May 2019

^ This is correct no?

You're scaring me!


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Old 12-21-2019, 09:37 PM
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Consult your RMA,

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Old 12-21-2019, 09:42 PM
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Quote:
Originally Posted by wrussell View Post
Consult your RMA,
I just told you that he is away.

What is the point of this forum if not to answer such questions?

How is it that you were unaware of the 90 day expiry one minute and then unaware that the 90 days still applied to the pre Nov 2016 457s the next? If you lack the knowledge required to answer such questions, why are you even here?


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Old 12-21-2019, 10:34 PM
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Quote:
Originally Posted by Ciaran88 View Post
I just told you that he is away.

What is the point of this forum if not to answer such questions?

How is it that you were unaware of the 90 day expiry one minute and then unaware that the 90 days still applied to the pre Nov 2016 457s the next? If you lack the knowledge required to answer such questions, why are you even here?

Sometimes I ask myself that question.

Do not expect to dribble out information on a public forum a claim-at-a-time and have a RMA comment on the professional advice you say you have received.

May I suggest that if you are unhappy about your RMA taking leave that you contact the principal of the organisation that managed your case? They currently claim that they will be answering their telephone on the next business day and to leave a message. I checked.

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Old 12-23-2019, 02:05 AM
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From what you've posted, your employment isn't ending, your employer is simply submitting a new nomination to sponsor you on another visa?

As WRussell says, it's best to consult your migration agent who would already know the specifics of your case. However, yes your 457 will expire when its validity period ends so you will need to either be outside Australia when this happens, or have a new onshore visa application submitted beforehand so that you would get a bridging visa while your new application is processed.

The 90 (or 60) day window applies to situations where your 457 is still in place and your employment ends, so it's not related to the expiry of your visa.

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