457 VISA EMPLOYEE OBLIGATIONS
The employee must notify the Immigration Department of any change in their circumstances. If the 457 sponsor terminates the 457 employee's employment, the employee must do one of the following:
- Find another 457 employer who is willing to sponsor them and apply for another 457 visa; or
- Apply for another type of substantive visa; or
- Leave Australia within 28 days.
Visa conditions attached to the 457 visa
The following work conditions are usually attached to the 457 employee.
The 457 employee must not:
- Stop working for the employer who sponsored him/her (that is, become unemployed or change employer)
- Work in a different position other than the position that was nominated in the visa application
- Work for another person or for themselves while working for the 457 sponsor.
Therefore the work condition on the 457 visa does not allow an applicant to change employer or occupation without prior authority from the Department. The prospective employer will be required to be an approved sponsor and the new position must be skilled and listed on the 457 Occupations List.
If a 457 employee wishes to change employer, a new 457 sponsorship and nomination will be required. If you are considering changing, or have already changed employer or occupation without permission, you should contact us immediately to discuss the matter.
If your employment with your original employer has finished earlier than the validity of your visa, you need to locate another employer prepared to sponsor you. In this case contact our office to lodge a new application immediately. You may not start work for a new employer until you have received written authority from the department allowing you to do so.
For employees who wish to change employers, the new employer must also lodge a new 457 sponsorship and/or nomination application (some employers may already hold sponsorship status). If no offer of employment is presented or the prospective employer is not approved as a sponsor, then your visa may be cancelled and you may be required to leave Australia immediately.
How long can I stay on a 457 visa in Australia?
To extend your stay as a 457 visa holder the employer, or new employer, must continue to be an approved sponsor, the position to be filled must be approved as a new nomination, and you must apply for a new visa before your existing visa expires.
