Does your 457 Visa Stay Valid If You Switch Employers?

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Does your 457 Visa Stay Valid If You Switch Employers?


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  #1 (permalink)  
Old 12-23-2009, 09:26 PM
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Question Does your 457 Visa Stay Valid If You Switch Employers?

If an employer sponsors me for a defined period of time, will I still retain my 457 visa, if I switch employers during that period?

Does a 457 bind me to one employer?


I was on the IMMI site a month ago and it said this:

From 14 September 2009, 457 visa holders who wish to change employer or position (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa.

However I checked yesterday and it said this:

From 14 September 2009, 457 visa holders who want to change sponsors or nominated positions (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa.


So what does this chunk of text mean exactly? Can I switch employers during my sponsorship or am I bound to the one employer during the length of the visa?

Thanks


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Old 12-23-2009, 11:35 PM
 
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As I understand it (and I am currently trying to get my 457 side of this fiasco cleared with a approved sponsor), any company that wants you needs to have an approved sponsorship from immigration to host you. i'll check with the company that is sponsoring me cause they have had transfers in the past. Note this is in NSW, not sure if it changes in the other territories.


EDIT: Yes, your 457 stays with you. Now, the company in question needs to get approved to be a foreign sponsor, THEN nominate YOU as a future employee. Hope that helps.

Cheers, D


Last edited by BigD; 12-24-2009 at 12:23 AM.

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Old 12-24-2009, 12:47 AM
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Have a read of Visa Conditions on http://www.immi.gov.au/skilled/skill...s-employee.htm , it being much as BD says.

Yes, you can switch employers but new employer needs to have been approved and had a nominated position approved, not you necessarily mentioned but the nominated position needs to be of same type/occupation that your visa is for [ hence term - within validity of your visa ].





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Old 12-30-2009, 07:31 AM
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All of the above is true, just remember, that, depending on whether you wish to apply for PR and on what grounds, it may affect your eligibility for permanent residence. If you are not interested in PR then no problem.
Hope it helps,
Dorota


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Old 12-30-2009, 08:02 AM
 
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Dear Dorota,

Are there any restrictions on applying for PR when I am in Australia with a 457 visa ?

Thanks,

Ganguly


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Old 12-30-2009, 09:58 AM
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There is no restrictions, you can apply either onshore or offshore provided you qualify for any of the visa classes. Most people coming here on 457 take the advantage of lower requirements including English if they apply for the employer sponsored PR. I have no idea what your plans are, whether you want to apply for PR and what visa you want to apply for, so I can't help any more. Your info is very general and so the answers have to be.
Regards,
Dorota

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Old 12-30-2009, 12:25 PM
 
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Thank you very much for the prompt reply.
I am a Civil Engineer and I have the basic qualifying points for the GSM visa.
I would like to know that if I go to Australia with a 457 visa, can I apply for Skilled - Independent (subclass 885) PR visa while working there ?
If not, then while working there, what other PR visa options do I have ?
Your advice will help me a lot to decide on the future path.

Regards,

s.ganguly


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Old 12-30-2009, 12:50 PM
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You could qualify for 885 if you complete 2 yrs study in Au, I don't think this is what you want to do. You'll be able to apply, whilst working in Australia, for an offshore GSM 175 or State Sponsored 176. The wait is quite long, possibly three to four years, shorter with the State Sponsorship. You should aim at trying to get employer sponsored PR. Whether you qualify or when you will qualify for PR depends on other factors: assessment of your qualifications, experience, whether your employer wants to sponsor you for PR, etc. It looks like you don't know what you want and don't yet have a sponsor, so it is too early to think about it.
Regards,
Dorota


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Old 12-30-2009, 01:29 PM
 
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Since, the GSM 175 or 176 will take a long time to get processed, so I was wondering if there are other options of applying for PR visa from Australia, which may take lesser time.
I am preparing for GSM 175 application.
My final aim is getting a PR. For this, I am trying to explore some other options of getting a PR.
Although getting employer sponsored PR is the best option (as you said), but in the present economic scenario, it is difficult.
So you suggest that in order to get a PR visa, it is better to apply offshore GSM 175 or 176 ?

Regards,
S.Ganguly


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Old 12-30-2009, 02:09 PM
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As a qualified Civil Engineer you'll be on the CSL as it currently is and so it would not be three to four years as Xdorota advises but more like 12 months.

The 175 and 176 are both offshore visas and though you can apply for them while in Australia, you need to leave to have them granted.

Your first step in considering an independent GSM will be to have your qualifications assessed by the IEA, separate process to immigration.

Unless you want to apply for a student visa to study in Australia for two years and then see if you're eligible for the onshore 885/886 you are best to go for the 175/176 or alternately see if you can find an employer to sponsor for 457 and/or ENS/RSMS.

Anybody considering immigration should have a good read of all available information starting with Workers - Visas & Immigration
Read all links and particularly sections on eligibility and applying for this visa





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