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Now That You Have Your Australian 457 Visa…

After seven years, a student visa, a ‘special programs’ visa, three temporary work visas, and a permanent residency visa, I’ve learned a lot about Australian immigration. I’ve previously shared everything you need to know to apply for the 457 temporary work visa, but it doesn’t end there.  Even once you are granted your 457 visa and you’re allowed to stay in Australia for the next 2-4 years (depending on the individual visa), there are a few things you need to know if you don’t want to run into problems with immigration.

Please note: I am not a migration agent, nor do I work for immigration. This post has been written to help you understand the restrictions that are placed on you as a 457 worker and is from my personal experience going through the process myself.

The Australian Coat of Arms

The Australian coat of arms.

Most importantly, you have to continue working for the employer that sponsored you. Besides the fact that it would be bad form to get your employer to go through all of that paperwork only to abandon them, the Australian government has strict controls to ensure this doesn’t happen. As soon as you leave your job, your employer is required to notify the Australian government. Once they have been notified, you have 90 days (prior to 2013, it was 28 days) to either find another job or leave the country permanently.

90 days is more time than the government used to give you to find a potential employer and go through the entire interview process (it used to be 28 days), but you’ll want to get looking ASAP. Fortunately, once you find this employer, you can transfer the visa across to them (provided they are willing to take on the responsibilities that come with sponsorship, which includes things like paying for a search if you disappear/become an illegal immigrant). To do this transfer, the employer will need to fill in a nomination form on your behalf.

When changing employers, you should make sure that your nomination is approved before you begin work. If you jump the gun, you risk having your visa completely cancelled. In addition, applying for an employer change does not extend your visa, so your potential employer needs to know that they will likely have to go through the process again.

Speaking of work restrictions, you cannot work for any other employers while you are on a 457 visa, even if it is a second job. You can do volunteer work, but if you get paid and the immigration department finds out, your visa is at risk.

Cooking Thanksgiving Dinner

This didn’t count as a second job, even though cooking Thanksgiving dinner is definitely not in my job description.

Work and taxes are two things that unfortunately go together. The good thing is that Australian taxes are fairly straightforward, but there are a few things you need to know that will save you a lot of money in the long run:

  • Even though you are not a permanent resident, as soon as you settle in Australia to work you become a resident for tax purposes. This means you will earn your first $18,200 tax free and then be taxed accordingly; otherwise, if you claim non-resident status, you are taxed a heavy 32.5c on every dollar.
  • Provided you are not from a country that offers reciprocal Medicare agreements, you are not eligible for the 1.5% Medicare levy. This is automatically taken out of your salary. However, at the end of the tax year (30th June), you can apply for a Medicare levy exemption certificate; once you have this certificate (which may take a few months, so I recommend applying as soon as you can after the end of the financial year), you can claim this exemption on your taxes and get your money back.
  • The health insurance requirement on this visa means you will never be eligible for the 1% Medicare levy surcharge either, which is charged if you earn over $77,000. Filling in your policy details on your tax return is sufficient to prove this.

As an Australian worker, you are entitled to superannuation — essentially, a forced retirement fund. Your employer is required to put at least 9% extra on top of each paycheck into this account, which is an investment account that you’re not allowed to touch until retirement age. However, if you work in Australia for a few years and then return home, you are eligible to claim your superannuation back (so make sure you know all of your account details before you leave!).

The other major requirement on the visa relates to health insurance and is a reasonably new addition to the sponsored work visa. Prior to the 14th of September 2009, employers were required to pay certain medical costs for their sponsored employees — mainly emergency expenses. For visas granted after this date, the responsibility instead falls to the employee to ensure they have valid health insurance.

Unfortunately, this insurance is quite expensive. It you take into account the fact that you  don’t have to pay the Medicare levy, it’s actually only slightly more than having Medicare + private health insurance…but this still doesn’t dull the pain of having to pay around $200 a month for health care you may or may not use. It may be tempting to get rid of this expense once you’ve successfully applied for your visa, but the health insurance company will notify the government as soon as your policy becomes non-457-compliant. So don’t get rid of it! Plus, it could be handy if you bust your knee and have to have surgery two weeks later like I did a few years ago.

Lastly, it is no longer a requirement that you have a visa label added to your passport. Even though they take up an entire page in my passport, I’ve continued getting them — even for my permanent visa. This is because, while border control can see my visa on their computers, airlines can’t. Nearly all airlines will ask for proof of your right to stay in the country at checkin — especially because I have no ticket out of Australia — and being able to turn to a page in my passport is infinitely easier than trying to dig up a piece of paper. However, the government is now charging a mandatory $70 fee for this service, so it’s up to you whether it’s worth it to save potential hassles down the road.

This is by no means a comprehensive list, but I hope it helps to smooth your transition into living in Australia and that it answers a few questions that immigration hides deep in the bowels of their website. Good luck, and you won’t regret it — Australia’s a great country to live in.

UPDATE (26 April, 2016): After 3.5 years of answering questions regarding issues around applications for 457 visas, I have closed comments on this post. I feel like my initial post plus my 200+ responses to questions below are as much as I can offer on this subject, particularly as I last went through the 457 process in 2010. 

Please read through all of my posts on the subject (including Australian Sponsored Work (457) Visas: A Primer, Australian Sponsored Work (457) Visas, Step 2: Applying, and Australian Sponsored Work (457) Visas, Step 3: Special Cases and Things to Consider) and search the comments below to see if your particular question has been answered. Please note that all of this advice is from personal experience and should not be construed as official or professional advice.

If your question has not been answered, please call immigration or search for a migration lawyer in your local area that you can consult with. Please do not contact me. As stated above, I cannot offer professional advice on visa matters and I no longer have the time to answer the daily emails that come through.

Thanks, and good luck with your visa process.

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470 Responses to Now That You Have Your Australian 457 Visa…

  1. Deborah August 4, 2012 at 10:44 am

    Great post!!!!

    • Kristin August 9, 2012 at 2:38 pm

      Thanks Deb! Australian immigration is a pretty mangled web to pick your way through so I’m just hoping I’ve helped to answer some questions that I had to spend a lot of time on the phone coaxing out of immigration agents!

  2. min October 3, 2012 at 7:07 am

    which is the quickest job to learn as a skill and get qualified in to try and get a 457 visa as i am not skilled in anything and i dont now wat to try as i have looked through the sol list many of times and cant decide.
    Thanks

    • Kristin October 8, 2012 at 9:02 pm

      Min, thanks very much for your comment. Unfortunately, I can’t really tell you which job is the easiest to pick up as it really depends on what you have a natural aptitude for. For instance, my skill — software engineering — is a lot easier for me than being a mechanic, but that’s just because that’s how my mind works. I bet you’re selling yourself short and you are skilled in something, but whether you can work that into a job I’m not sure. Do you have the most recent version of the SOL list? It’s at http://www.immi.gov.au/skilled/_pdf/sol-schedule1.pdf.

      Sorry I can’t be of more help, but I hope you’re able to find an occupation that suits you. If not, and if you have the finances, you can do a degree at an Australian university and then obtain a visa through getting a job immediately after (see http://www.immi.gov.au/skilled/general-skilled-migration/2-year-study.htm for more details).

  3. Erna January 8, 2013 at 5:46 pm

    Hi! I am currently a holder of a 457 visa cause my husband is sponsored by his company and so i am also eligible for the said visa. What do you suggest would be easiest way for me to find a job here? Thanks 😉

    • Kristin January 9, 2013 at 1:30 pm

      Hi Erna! It’s great that you have been able to move to Australia! I would recommend checking out http://www.seek.com.au to start with. That’s the biggest job board in Australia and usually has the largest selection of jobs. http://www.careerone.com.au is another good option. What field are you looking to find a job in?

      • Antony October 9, 2014 at 1:15 am

        Dear Kris,
        I want your help i looking for Australia job please help me how can i come Australia.

      • Bernard moyo March 22, 2016 at 11:08 am

        Hi
        My wife is on 457 visa & am under her visa .can I work in Australia

        • Kristin March 30, 2016 at 4:09 pm

          Hi Bernard. If you are a dependent on your wife’s 457 visa, you have working rights in Australia. You are not restricted to one company like she is either.

  4. Majella Bolger January 9, 2013 at 10:06 am

    Can you travel home when on a 457 Visa? I am from Ireland and am going home in july for a wedding

    • Kristin January 9, 2013 at 1:33 pm

      Hi Majella! Yes, a 457 visa allows you to enter and exit the country as many times as you’d like as long as your visa has not expired by the time you re-enter. Also, the Australian government no longer requires you to get a visa label in your passport, but I found that it was very handy to have it so I could show airlines that I had the right to stay in the country — otherwise they sometimes ask you when you’re checking in to come home for proof that you have an onward plane flight.

      You’ll only run into issues with leaving the country if you have applied for the 457 visa (or any other long-term visa) but it has not yet been approved, in which case you will be on a bridging visa A (which ceases when you leave the country). In that case you would need to apply for a bridging visa B before leaving.

      • Joyce July 3, 2013 at 10:48 am

        Hi Kristin,

        Just read your post about 457 visa label in passport. I’m in Australia since September 2012 with my partner who is the primary visa holder. Nothing in my name (only the email we received). So I cannot proof that I even have a visa to live here. (LOL). How did you get a visa label in your passport? I want to go on a trip and am frightened that I will run into problems on my trip back. Please email me if you can.

        • Kristin July 9, 2013 at 8:04 pm

          Hi Joyce, to get a visa label you just need to go to your local immigration office (in any of the capital cities). They used to have restrictions on what time of day you could go in to get the visa proof, but you should be able to go at any time during office hours now. It’s a fairly quick process — the last one I got didn’t even require me to take a ticket. I just waited in line with everyone to get a ticket to begin with, and when I got to the desk they printed out the visa, stuck it in my passport, and I was on my way in about 15 minutes.

          • Muddasir July 29, 2013 at 4:56 pm

            Hi Kristin,

            Referring to your response:

            Iam travelling to Melbourne, Australia next week. As per your statement if I require a printed stamp on my passport I can still get it done, is that right what you mean?

            If yes, where do i get it done in Melbourne?

          • Kristin August 4, 2013 at 1:47 am

            Hi Muddasir, to get your visa label in your passport, you will have to go to the Office of Immigration in Melbourne (details at http://www.immi.gov.au/contacts/australia/vic-melbourne.htm). I’ve been told that it now costs $70 to get a label (apparently they are trying to dissuade people from getting them and adding to the already long lines at immigration). However, if you feel it is necessary — I did to stop having issues with checkin at American airports — then it’s worth it.

          • Kristin August 6, 2013 at 1:19 pm

            Just to let everyone know that’s reading through the comments: Joyce went into the immigration office and found that they now charge $70 for visa evidencing in an attempt to discourage people from getting them. That’s a lot of money for a little sticker, but if you feel like you need it to make travel arrangements easier (I found that it was a lot easier to show a sticker than to carry around a printout of my PR status), it will probably be worth it.

            The page that describes the new rules is available at: https://www.immi.gov.au/allforms/990i/vec.htm

  5. Carlee January 24, 2013 at 5:18 am

    Hi Kristen,
    I have been searching the internet for months about visa options to be able to work and live in AU. I just came accross this page and would love to pick your brain about different options if you would be willing to discuss! Please email me at [email protected] and I can explain a little more in depth about my situation! Hope to hear from you soon.

  6. Julian Jones February 21, 2013 at 2:40 pm

    I live and work here on a 457 visa. I want to change my job discription but staying with the same company. Is it allowed on my visa. Hope you can help. Julian

    • Kristin February 22, 2013 at 2:57 am

      Hi Julian! How much of a job description change is it? Are you completely changing your role or is it more of a promotion (ie, going from engineer to senior engineer)? The latter doesn’t require any changes on your visa. As for the former, I believe you would need to contact immigration and get the description and possibly the ANZSCO code changed on your visa. I’m a bit wary of doing this though since the 856 permanent residency visa rules used to require you to have a 457 visa with the same ANZSCO code for at least two years before you became eligible. I would need to do research to find out if this is still the case though. Please let me know if this helps or if you still have any questions — I’d be happy to go into more detail via email.

  7. Rameez Hassan February 26, 2013 at 9:27 pm

    Hi Kristin,

    I’m on a 457 visa with a nominated position of Registered Nurse. My two years as a registered nurse were due to be completed in January 2013 for the eligibility for my residency but I was promoted to Nurse Manager in July 2012 within the company and same Employer. To be a nurse manager we have to be a registered nurse and continue with the same registration. Could you please advise if I would still be able to apply for permanent residency now and if not what other ways I can take rather than waiting for another two Years.

    • Kristin March 17, 2013 at 5:20 pm

      Hi Rameez — apologies for not replying sooner. I’ve been away on a trip and haven’t had much time to think! Anyway, I believe you are still eligible to apply for permanent residency as of January. Moving up to Nurse Manager sounds like it’s a natural step in your career progression rather than a complete change of occupation, so I don’t think there would be any issue with it. The change in occupation code is usually just an issue for people that completely moved codes (say, changing from a nurse to a software engineer, etc). However, before you apply for PR, I think it would be best to call immigration (131 881) and verify this, since they never refund application fees!

  8. leah moseley March 15, 2013 at 5:03 pm

    hi just wondering if you could help me ive just got granted our 457 visa could you tell me what visa i will be on to get permanent residency.
    thanks

    • Kristin March 17, 2013 at 5:23 pm

      Hi Leah — sorry, I don’t really understand your question? If you’ve been granted your 457 visa, you will need to be on that for at least two years before you can apply for the 856 permanent residency visa.

  9. sharad sharma March 16, 2013 at 3:09 pm

    Hi Kristin.
    if i have work permit of 2.5 years ,it will help me to getting pr in Australia. my wife is going with me is she i eligible for work there full time.

    • Kristin March 17, 2013 at 5:27 pm

      Hi Sharad, if you have applied for your wife to be a dependent on your 457 visa she will be allowed to work in Australia with no restrictions tying her to a specific employer. However, if your employment ceases and you are unable to find another employer to transfer your 457 visa to, she will have to leave the country as well.

  10. Kamal March 24, 2013 at 8:02 am

    My boss is selling his business it’s only 6 months I had granted 457 visa now what can I do??

    • Kristin March 24, 2013 at 11:14 pm

      Hi Kamal. Sorry to hear you’re in that situation! If your boss has sponsored you and his business will no longer exist in 6 months, unfortunately that means you’ll need to find another sponsor. You will have 28 days to find a new sponsor after your employment ceases with your current boss. Otherwise you’ll either have to get another visa (a 3-month tourist visa, for instance) so you can keep looking for work or you’ll have to leave Australia. Hope everything works out!

  11. Ram April 2, 2013 at 3:30 pm

    Hi Kristin,

    Thanks for a great post! My wife is the primary 457 applicant and has been with her employer for 6 months. She is pregnant and unfortunately the private medical insurance will not cover the expenses as her due date is 10 days before the 12 month waiting period for pregnancy related expenses. Since 457 does not enjoy medicare benefits, what options do we have? We have long term plans in Australia and is keen on applying for a PR. Is she eligible for medicare while on a bridging visa? – thanks

    • Kristin April 4, 2013 at 12:44 am

      Hi Ram! So glad you found my post useful. And man, that’s tough about the private insurance. Waiting periods are terrible, especially for things like pregnancy! You might want to check and see if your home country has a reciprocal health care agreement with Australia (like the UK and Canada have). If that’s the case, you might get partial Medicare benefits. Otherwise, you are eligible for Medicare as soon as you apply for permanent residency — I believe all I needed was my PR application receipt and 100 points of ID to apply at a Medicare office afterwards — but usually you have to be with the employer for two years to apply for PR. I hope that you find a way around this so you don’t end up with too many expenses!

      • ammz May 28, 2013 at 10:19 pm

        Hey Ram,

        I was in the same situation last year. On a 457 and pregnant and baby due before private health cover for pregnancy was valid. I sent my health insurance provider a letter explaining my situation and they were extra nice and agreed to cover the pregnancy if it was within two weeks of the date my pregnancy cover would become active. My baby was born a week after his due date and they kept their promise and paid for everything.

        Try sending your health insurers an email or calling them to see if they will/can help.

        I was pretty scared and worried and even considered switching funds.

        Hope this helps you,

        ammz

        • Kristin June 6, 2013 at 3:19 am

          Hi Ammz,

          Thanks very much for your advice — I’m sure Ram appreciates it, and I’m always happy to learn more about the ins-and-outs of 457 insurance so I can help others with it. It’s great to hear that your insurance company was flexible and allowed you to be covered. That’s something that definitely would never happen in America!

        • Bruno January 4, 2015 at 5:45 pm

          Hi ammz,

          Could you tell us which private insurance was nice and covered your pregnancy even before the 12-month waiting period?

          Thanks and best regards,

          Bruno

  12. Sandy April 5, 2013 at 3:42 am

    What if I m on 457 visa and my employer refuses to pay my tax ?
    Or he threaten to cancel my 457 visa ?
    What are the options ?

    • Kristin April 5, 2013 at 4:08 am

      Hi there Sandy — so sorry to hear that you’re having issues with your employer. What exactly do you mean that your employer is not paying your tax? They should be taking tax out of each paycheck automatically, which is given to the government and reported on a PAYG statement at the end of the year. I’m not really strong on tax law, but I believe they are required to do this. If not, you’ll have to pay a lot of tax at the end of the year. As for threatening to cancel your 457 visa, it sounds like they aren’t doing that because of issues with the company or with your particular job. In that case, I’m not really sure if there is much you can do other than trying to find another job that you can transfer your 457 to that won’t make demands on you that you can’t meet. And if they are threatening you and making you feel uncomfortable, you should report them to immigration as soon as you can. I would probably call and get personal advice from them anyway (which you can do without telling them exactly who you are) because both of these issues are ones that I have not encountered personally.

      Good luck and I hope your situation improves soon. Let me know if I can be of help!

  13. liam April 6, 2013 at 11:44 am

    im on a 457 and am doing some medical volunteer work on the side, but they also paid me some money for work i did which I was unaware was going to be paid to me.
    is this an issue? i am still full time in my sponsored job.

    • Kristin April 6, 2013 at 10:55 pm

      Hi Liam, did they pay you in cash or as a direct deposit? It could be an issue if they have paid you by deposit or if they plan on reporting the payment to the ATO (as it will then ring alarm bells with the ATO if you don’t report it). I wouldn’t stress too much about it, but if you believe it is income that needs to be reported, I’d discuss it with them and then the immigration office, telling them you were intending on doing volunteer work and didn’t plan on getting paid for it. You can usually call up immigration and discuss things with them without having to give your name so you don’t have to be worried about it being put on your record or anything.

      Sorry I can’t give you any more concrete advice. I hope things work out!

  14. dony April 15, 2013 at 2:14 am

    hi im dony
    my agent applied all the documents for 457 visa on fed 19 2013 still im waiting for nomination to get approved and on 25 feb the immigration asked them to apply some more doucument …. is because of that it getting late??? now its almost two months still no sign of nomination . plz advise me

    thanks dony

    • Kristin April 20, 2013 at 5:43 am

      Hi Dony, you are right that it doesn’t seem right that they requested documentation and you now haven’t heard from them for 2 months. Usually the nomination takes less time than the application to become a sponsor and the employee application. Also, once they given you a case officer that starts looking at the documents on the case, the department says they are likely to make a decision within 10 days. I recommend that you contact the department directly. They should be able to tell you if there is a specific hold up on your case or whether the department is just experiencing a heavy workload at the moment.

  15. Joemer M. Sariba April 15, 2013 at 5:12 pm

    Hi there I am Joemer M. Sariba scaffolder from Philippines, can you help me out about my problem. I already have my 457 visa released on 30 January 2013 but my employer told me that they cannot bring me there because of some company crisis and just wait for any announcement. I had waited for few months until now but I received nothing from them. I just want to go in Australia for work to earn good for my family, can you help me what can I do. I just want to use my visa, If these is any employer you could refer me to accept and sponsoring my visa. I will take this as a great gift from you. Its for my family really. More power to you and God bless, Hope you can help me…

    • Kristin April 20, 2013 at 5:40 am

      Hi Joemer, thanks for your comment. Unfortunately, I am unsure what you can do in that situation, since you must work for that employer while in Australia. Entering Australia to look for more work would be risky because if your previous employer has reported that they are not actually employing you — as they are legally required to do — then your visa will expire 28 days later.

      I cannot recommend any employer specifically, both because I don’t know your specific situation and because I only have experience with companies in my own field. The best place to look for possible employers is the new SkillSelect system that the immigration department has set up. This system, available at http://www.immi.gov.au/skills/skillselect/index/visas/subclass-457/ , allows employers to find people that are looking to move to Australia in specific occupations.

      Good luck and I hope everything works out for you!

      • joemer April 20, 2013 at 1:27 pm

        hi there, I just need to know one more thing, could this 457 visa can bring me and enter Australia without knowing my employer? And can I attend any training seminar while I’m inside Australia? . thanks really for the advice. God bless…

        • Kristin April 20, 2013 at 5:55 pm

          Hi Joemer, what exactly do you mean by bring you into Australia without your employer knowing? If you are planning on coming to Australia on your approved 457 visa, you can do so but it could have some pretty big ramifications. If the government were to find out that you were not actually employed before you were able to find a sponsor to transfer your visa to, your visa could be cancelled and you would have to leave the country immediately. I think it’s risky, even if it is your employer that is doing the wrong thing in this case. As for training seminars, you are allowed to attend them while on a 457 visa. The Australian government puts a big emphasis on training in their sponsorship application so if your employer can add to the amount of training they’ve provided through seminars, that’s great.

  16. zaaya April 29, 2013 at 4:48 pm

    hi kristin
    My employer who is sponsoring me had told that it would take 4 -6 weeks for the processing of 457 visa .My agent asked me where i would prefer to get my medicals done and it has already been 5 weeks since then but i haven’t recieved the forms for medicals yet ..should i be worried ? is it normal to take that long ?Is it true that winter starting soon in Australia now the processing might take much longer or is it because of the election campaign going on ? i have written to my migration agent and haven’t heard from her either ,please help .i am from kathmandu , Nepal .

    • Kristin April 30, 2013 at 4:51 am

      Hi Zaaya, were you waiting for the medical forms from your agent or from immigration? Were these forms the standard 457 medical forms or specific forms regarding appointments for your medical & chest x-ray? Usually it does not take long for those forms to get to you, but if you are waiting for an appointment, it could depend on availability of approved doctors in your area. It would be best if you could get in contact with your agent and ask him specifically what is going on.

      Winter is coming up in Australia, but that should not affect processing time. In fact, we’ve just passed the part of year that has the most holidays (Easter, Anzac Day, Labour Day), so there should be less days off processing in general. I don’t believe the election campaign will slow down processing — however, if a different government gets elected (ie Tony Abbott and the LNP), then there will probably be a slowdown then. In my experience, the LNP government was slower at processing visas than Labor, but at the same time, Labor has spent a lot of time trying to make 457 visas more difficult in general.

      Good luck and please let me know if you have any other questions. I’m sorry I can’t give you anything more specific but I can’t with the information I have. It’s definitely worth getting clearer answers from either your agent or immigration.

  17. Pooja April 30, 2013 at 3:05 am

    Hi Kristin

    I work for an Indian company and my company got me a 457 visa to work as an consultant to Australian company. Its valid till 2016 but unfortunately that project didn’t work out and I never traveled to Australia. Since I have a valid visa can I start looking for a job in Australia with some other employer? I understand that new employer will have to nominate me again. Does that mean they will have to go thru whole process again or “nominating” will be shorter and quicker since I am already holding a valid visa.

    • Kristin April 30, 2013 at 5:02 am

      Hi Pooja, unfortunately, that visa is probably not valid anymore. Companies are required to report to the government if you are no longer employed with them — and by the sounds of it, since you are not on a project that requires you to be in Australia, you are not employed by the Australian branch of the company. If they don’t do this, they can lose the right to sponsor people in the future. Once they have reported this, your visa expires within 28 days. If you are outside the country, you will not be allowed back in. Therefore, it is a risk to try to travel to Australia hoping that the visa is still valid.

      To answer your other question, the process of transferring your visa to another employer can be a shorter process as they only have to fill out a nomination form. You wouldn’t have to fill out the application, do the medical, etc again. However, like I mentioned above, it is a significant risk coming to the country without being employed as your 457 visa suggests.

  18. louisa May 2, 2013 at 3:43 pm

    I am currently on a 457 visa, i think i am about to loose my job. I originally came on a working holiday visa, is it possible to apply for my second year on my working holiday visa? (i have completed my regional work)
    Any help would be much appreciated.

    • Kristin May 12, 2013 at 5:57 pm

      Hi Louisa, I’m so sorry for taking so long to get back to you. Anyway, I’m sorry to hear that you think you might be about to lose your job. I hope things get better and that’s not the case. It does look like you can apply for your second WHV even after having been on a 457 visa. The eligibility page at http://www.immi.gov.au/visitors/working-holiday/417/eligibility-second.htm states that “You may apply either while you still hold a first Working Holiday visa or at a later date.” As long as you meet all of their other requirements (like being under 30), it should be possible. I hope it works out for you and that you’re able to stay in Australia and find another job soon.

  19. Carlos Munoz May 5, 2013 at 11:15 am

    Hi Kristin

    How are you? I got a question. I have a 457 visa and I’ve been working for almost 1 year. I met a very nice girl about 4 months ago, we had a talk and we want to get married in 2 months (while I save some money) . She is from China and currently is under a student visa ELICOS 570. I would like to know what to do next. I know I must ask my work to provide a letter to immigration (don’t think will be any drama) We kinda want to get things going since now because her visa will expire on December. hope you can give me a hint of what to do. Thanks for your time 🙂

    • Kristin May 12, 2013 at 6:37 pm

      Hi Carlos, unfortunately I can’t really help you with this one — I’ve never been through the spouse visa process and my friends that have done it haven’t done it in conjunction with a 457 visa. I think your best bet is to either find an immigration lawyer and have a consultation or discuss the matter with immigration. I know you can have partners in Australia on your 457 visa and they will have the right to work, etc, but I don’t know what the rules are when the relationship starts after the 457 visa does. Sorry I can’t be of more help, but hopefully either a lawyer or immigration can tell you exactly where to go from here.

  20. Patrick May 9, 2013 at 1:32 pm

    Hi Kristen,

    I am currently coming to the end of my second year working holiday visa and trying to get sponsored but the company I work for, however they are doing me a favourite by sponsoring me and I have to research it and try cover most the paperwork and fees myself. I was just wondering is there some way I can find out if this company has sponsored before as it is a very large company and the manager I am dealing with does not know and is not willing to put the effort in to find out… Thanks

    • Kristin June 6, 2013 at 3:22 am

      Hi Patrick — many apologies, I was traveling and appeared to miss this question when I was replying to comments. Anyway, I don’t know if there’s any way to find out if the company has sponsored before. You may be able to call up immigration, but I don’t know if they would provide that sort of information to someone that isn’t officially connected with the company. It’s very odd that they won’t give you that information — it should be common knowledge (although they may not know when they have sponsored before, which could be an issue since the sponsorship form is only valid for so long before they have to fill out a new one).

      I hope in the time that it’s taken me to reply that the manager has been a bit more forthcoming. The only thing I can suggest is to get them to fill out the sponsorship form a second time; it will be better than them filling out the nomination and being rejected for not being an approved sponsor.

  21. jomadd May 14, 2013 at 10:28 pm

    Hi Kirsten,

    I am from Ireland and in the 1st year of my 457 visa and I am just over 3 months pregnant. Do you have any idea what benefits (if any) are available to me as I have to wait just over a year before I can apply for pr…

    Extremelyconfused.com

  22. thess advincula May 21, 2013 at 7:58 pm

    I am Thess from Philippines. I have my temporary resident visa for australia, havina a class of UC,Subclass 457.My question is, is it possible to purchase a one way airline ticket only?

  23. Clemmie May 23, 2013 at 2:38 pm

    Hi, I was wondering if someone could give me some advice.
    My 457 visa expires on 8th June 2013 and I am returning home at the end of June to live in the UK. I am travelling to New Zealand from 8th June – 16th June and want to know the best way to get back into the country to sort out my affairs before flying home on the 30th June. Would I need to apply for a tourist visa or will my 457 still be valid for 28 days after it expires? I don’t want to risk not being let back into the country to get my stuff and say goodbye to friends.
    Any advice would be much appreciated!!
    Thank you!
    Clemmie

    • Kristin May 23, 2013 at 7:15 pm

      Hi Clemmie! If you are leaving because your visa is expiring, you don’t have the 28 days of leeway that you would have if you were leaving because you lost your job. If you head over to NZ (you’ll have a blast — it’s one of my favourite places!) you’ll need to apply for the eVisitor visa (http://www.immi.gov.au/visitors/tourist/evisitor/eligibility.htm) before you return to Australia. It’s an easy process that my mother has done with no hassles at all — I believe it’s issued almost instantaneously. I’d also recommend having a copy of your onward ticket since they will possibly be suspicious of your plans to work if you’ve previously worked in the country.

      Also, please let me know if you have any questions about what to do in NZ. I’d be happy to help!

      • Clemmie May 24, 2013 at 9:13 am

        Hi, Kristen! Thank you so much for your advice!
        Thats good to know that I have to leave immediately when the visa expires and that there is no grace period. It’s a good job I have NZ booked the day before it expires! My main concern is the the Australian government will not issue me with a tourist visa to come back into Australia from New Zealand as its too close to my visa expiring (I only want to come back in for 2 weeks to get my belongings!)? I will be applying for a tourist visa only a couple of days after the 457 expires from NZ so worried it won’t be granted. Not sure whether you have heard of any similar stories? If you have, would appreciate your advice. Thank you !!

        Re. NZ. Any advice also appreciated! I’m doing 4 nights in Queenstown then have 4 nights to travel the south island via car.. still deciding on locations so let me know if you have any suggestions.

        Thanks again! 🙂

        • Kristin June 1, 2013 at 12:45 am

          Hi Clemmie, apologies for not getting back to you sooner. I actually applied for a tourist visa to stay for 3 extra months after my first 457 visa expired and the immigration office issued it on the day with very few questions. It might be a good idea to call immigration up and discuss it with them, but my understanding is that the tourist visa is a pretty automated process and it will get issued as long as there aren’t any black marks on your record. One thing it would be good to have when returning to Australia is a printout of both your ticket to leave and a statement from your savings account to show you have the money to support yourself until you do get home.

          I’d love to help you out with some NZ ideas (if it’s not too late). I’ll send you an email with some of my recommendations for that area of the South Island.

  24. katie May 23, 2013 at 11:36 pm

    hi just want to ask what are the requirements do i need to travel australia. My husband has a 457 visa.. He wants us to go there with our kids.. please help me.

    • Kristin May 24, 2013 at 6:43 am

      Hi Katie, the main requirements you will need to meet are those to do with your relationship. Your husband’s company will also have to acknowledge you as dependents since they will be in effect sponsoring all of you. This page (http://www.immi.gov.au/skilled/skilled-workers/sbs/eligibility-family.htm) on the immigration site explains all the details you’ll have to provide to prove you’re in a valid relationship, as well as the evidence you’ll need to show that you meet the health and character requirements that all visa applicants have to do. I recommend getting your husband’s company to add you to their nomination application as it will mean you only have to pay one application fee instead of two.

  25. Dani May 28, 2013 at 3:43 pm

    Hi Kristin!

    I’m a registered nurse and I’m currently studying my options to settle in Australia. I’ve been offered a job by the manager of the unit. I havent heard from them since last week, and I don’t quite know what to expect at this point. They are able to sponsor for a work visa and they said they’ll get in touch with me but I haven’t gotten any emails from them. Since I wanna be sure I’ll find a sponsor, I’m still applying for other jobs and got on the eligibility list with another hospital. My questions:

    a. How and when do I know I’m in an “agreement/understanding” with the employer and that they’ll sponsor for my visa and stop looking for other potential sponsors?
    b. Can I still entertain other interested employers despite the job I was offered via phone? Til when can I do this?

    I am also largely considering applying for PR on my own.
    a. If I am lucky and get sponsored for a 457 visa soon, would there be any conflict if I lodged a PR application?
    b. do I have to wait and work for 2 years for my sponsor before I can apply for permanent residency?
    c. Can I apply for it on my own, without the help/knowledge of the employer?

    Sorry if that’s a lot 😛 But hope you can help me out, thanks in advance!!!

    • Kristin June 6, 2013 at 3:44 am

      Hi Dani, sorry to hear that your potential employer hasn’t been very communicative! I don’t blame you for continuing to look for work though. There’s not really any harm that can come from it, and you might even come across a better offer. To answer your questions:

      a. Until you have signed a contract or a nomination form, I would say that you have not entered into an agreement with the employer. You’ll have to have a signed contract for the nomination and your forms, so I would expect that stage to come first. In any case, I wouldn’t let any employer hold you to ransom; unless they are willing to sign documents making it official you’re free to continue searching.

      b. Again, I would say that you can entertain potential employers until you receive a written contract. There shouldn’t be any difference here because of the visa. Many people entertain multiple offers and can play them against each other to get a better overall offer from the employer of choice.

      As for PR, thanks for the questions — and I think they mean I need to go ahead and get that post about PR that I’ve been planning actually written!

      a. It shouldn’t. I was told that my 457 visa would be valid until the expiration date, in which case it would turn into a bridging visa while I waited for my permanent residency application to be processed. Because I was still on a 457 visa, I was in the country on those restrictions (meaning I could work in my nominated job, etc).

      b. For the “Temporary Resident Transition Scheme” of the 186 (permanent residency) visa, which was the only option when I applied, you had to work in the same job (a position with the same ANZSCO code even if it wasn’t the same employer) for 2 years and then have your employer sponsor you for PR. However, the program changed on 1 July 2012, and they now have a “Direct Entry Scheme” which appears to be the continuation of the General Skilled Migration permanent residency visa. For this visa (http://www.immi.gov.au/skills/skillselect/index/visas/subclass-186/) you don’t have to work with the same employer for two years, provided you give them additional skills assessments and have 3 years of work experience. That sounds like it would be a much better way to go, since sponsored PR does actually have conditions attached to it that, if you don’t follow them, can result in your PR being taken away.

      c. I think I answered that above, but from everything I’ve read, the direct entry stream doesn’t require the employer (while it’s explicitly stated in several places that the temporary resident transition scheme requires a nomination.

      I hope that helps, and good luck!

  26. Nancy June 5, 2013 at 5:49 pm

    Hi Kristin, need your advise here. I’m holding a subclass 457 and just got a new job offer today. The new company has no problem to do a nomination for me. I believe they can do online straightway.. Is there any clue how long it will takes the process and is it save for me to travel out of Australia while the nomination is in process? Thanks!

    • Kristin June 6, 2013 at 3:59 am

      Hi Nancy! Is your new employer already an approved sponsor? I believe that this part of the process will take the most time, both for the employer to gather all the information that the application requires (details of which can be found in my post at http://www.bootsandabackpack.com/australian-sponsored-work-visas-step-2/ ), and for immigration to process it.

      When you switch jobs (provided you are working in the same role at the new company) all you have to do is have your new employer fill out a nomination (provided they are an approved sponsor, as noted above). This process took about 2 weeks the last time I went through it in 2010 (with an additional week for my application to be processed). The website currently lists the processing time as 2 months but doesn’t split it into nomination and application sections. I can’t imagine it would take this long just for the nomination to be approved.

      Since you will be on the same visa (with the same expiry date, etc), there should be no problems with traveling outside of Australia while the nomination is being processed (although I am not an immigration agent so I would suggest just calling and verifying that with immigration as well). However, you should continue being employed at your old job, otherwise your visa will expire after 28 days of unemployment (unless you put in a new application and therefore pay the visa charge again). So, as long as you’re only traveling within the restraints of your current job, it should be fine to travel.

      • Nancy June 6, 2013 at 8:23 am

        Thank you, Kristin! Yes, the new employer is approved sponsor. I think it’s save too, since there’s no change with the old job. Thank you again! =)

        • Kristin June 7, 2013 at 7:33 am

          No worries, Nancy. Glad to hear that your employer is already a sponsor — hopefully that will make the process a lot easier. Good luck and let me know if you have any more questions!

          • Nancy September 5, 2013 at 7:49 pm

            It’s me again. A friend found a new employer (A) but will be their 1st time to sponsor a 457 holder visa. It’s been 2 months waiting (to be a sponsor and nomination) and still no result from the immigration. Any idea? How if there’s another eligible employer (B) to sponsor, do you think B can do a nomination while A still in process? Thanks!

          • Kristin September 11, 2013 at 6:09 pm

            Hi Nancy. Sorry for not replying more quickly — things have been rather hectic as I’ve just started a new job. Anyway, it’s difficult to tell how long it will take for the sponsor and nomination to be processed, especially for a first time sponsor. The company that sponsored me was a first time sponsor and got approved after a couple of weeks, and following that their nomination was approved within days. That was 5 years ago though, and the processing times change drastically depending on load. Has she tried to call immigration to get a status on the application?

            As for having another employer do a nomination, it’s a difficult call. Technically, if you lodge another visa application to immigration, it cancels out all previous applications that are in progress. However, I’ve not come across a case where two employers are both trying to nominate the same person. I’d definitely get her to discuss this with immigration if it’s something she wants to do — it could potentially cause problems (not counting the fact that the first employer would probably be pretty peeved as well) and possibly for little gain, since it would restart the waiting time all over again for the second application. Sorry I can’t be of more help, but this is something beyond my expertise. I hope immigration (or failing that, an immigration lawyer) can give some more concrete answers!

  27. Paula June 12, 2013 at 9:07 pm

    Hi Kristin, was hoping you can help or give us advise. My husband is on a 457 visa and is no longer working with the employer who sponsored him. He has 28 days to look for a job and is looking for one. Do you know of a recruitment agency who can help him or a website we can go through to make our search easier? He is a chef and is looking for a chef job with a company willing to sponsor him again. Thank you and your help will be much appreciated.

    • Kristin June 14, 2013 at 8:21 pm

      Hi Paula! Unfortunately I don’t know much about agencies that deal with chefs in particular, but I can recommend sites like Seek (http://www.seek.com.au/jobs-in-hospitality-tourism/chefs-cooks), Jobs.com.au (http://jobs.com.au/jobs/-/hospitality-travel-tourism/chef/), and mycareer.com.au (http://mycareer.com.au/search/sector/hospitality-travel-tourism/sub/chef/) as a good place to start looking. I personally got my sponsored job from Seek. I know you’re on a short timeframe, but don’t get too discouraged if there’s not a lot of responses to begin with. I just kept persisting until I found a company willing to do sponsorship.

      As for recruitment agencies, the one I have worked with only deals with office workers, however, a search brought up the following recruiters which look like they offer good opportunities: FrontLine Hospitality (http://www.frontlinehospitality.com.au/), I Need a Chef (http://www.ineedachef.com.au/) and Hospitality Now (http://www.hospitalitynow.com.au/). I haven’t had experience with them so I can’t personally recommend them, but I think it would be good for him to try to get his name in front of all of them so he can maximise his chances.

      If he thinks he might need more than 28 days, the two of you can apply for 3-month tourist visas at the immigration office to get a bit more time. However, neither of you will be allowed to work during that timeframe and you might be asked to provide evidence that you can support yourselves during that time.

  28. Tomas June 13, 2013 at 12:19 pm

    Hi Kristin, I was wondering if you could help me regarding tax returns/refunds. I am currently on a working holiday visa but have been working for my current employer for 5 months and my application for my 457 visa is underway. I was just wondering if I would be classified as a resident for tax purposes, whether being on a W/H visa or 457 visa affects tax refunds, and how much could I realistically expect back? I am expecting my 457 visa to be approved around the 2nd of July. Thanks.

    • Kristin July 9, 2013 at 7:36 pm

      Hi Tomas, sorry for the very belated reply and I hope this still helps. If your 457 visa is not being approved until after 1 July, it won’t affect last financial year’s filings. To be considered as a resident for tax purposes on the WHV visa, you have to:

      • Have lived in Oz continuously for at least 6 months (183 days)
      • Have been in one job and have lived in one single place for that whole time.

      Once you switch to the 457 visa, you can immediately be considered as a resident for tax purposes since the nature of the visa is to stay in one place and work continuously.

      The main way these visas affect your tax refunds is through the Medicare levy. If you’re not eligible for Medicare (meaning your country does not have a reciprocal health care agreement), you can send in a form to Medicare once the financial year is over. This will get you a certificate that allows you to reclaim the 1.5% Medicare levy that you paid during the year.

      In addition, if you’ve had tax taken from you as a non-resident for tax purposes and you were actually a resident for tax purposes, you can get a pretty huge refund (I got $4000 from two months of work my first year).

      Please let me know if this answers your question and if you have any other questions!

  29. amit June 15, 2013 at 5:46 pm

    Hi Kristin,
    This probably is a strange question to ask here but i felt you may still have answers.I just dont know of any forum where to ask this.My wife has a 457 visa and i’ve got the same as she has been sponsored by a hospital in Australia.We were previously in Ireland before coming here.We have had differences and we tried to sort them out but it seems it’s not going to happen.Tried everything i could but now it seems there is no other way but to separate.What would happen to my visa if we did split because i’ve got it as her dependent.I hope you can shed some light on this .
    regards

    • Kristin June 16, 2013 at 1:32 am

      Hi Amit. I’m really sorry to hear about your situation — it’s tough enough to deal with a relationship breaking up without having to worry about immigration requirements on top of it. Unfortunately, if you are her dependent, once the department of immigration is told about your relationship breaking up, you will have 28 days to leave Australia or get another visa. Depending on your occupation, you may be able to find a sponsor of your own. The list of occupations that are allowed to be sponsored for 457 visas is available as the “Consolidated Sponsored Occupation List” at http://www.immi.gov.au/skilled/_pdf/sol-schedule1-2.pdf. I recommend using websites like the government’s own SkillSelect system (http://www.immi.gov.au/skills/skillselect/), which helps to match you to potential sponsors, and Seek (http://www.seek.com.au).

      It would definitely be worth talking to immigration to let them know of your situation and see what options they can give you as well. Good luck with it and I hope everything works out as well as it can!

  30. amit June 16, 2013 at 5:48 pm

    Hi Kristin,
    Thanks a lot..i have a few more questions- hope you can bear with them and answer if you can.I was completely lost as to what my standing would be and it seems you can help me know where i stand.We got this visa in november 2012 and it runs through to nov 2016 and we got it while in Ireland.She went straight from there to Australia while i came back to India to tend tomy ailing father who’s now fine.So i haven’t gone to Australia as of yet.I saw the attachment of the consolidated occupations list you sent me and i see that even in my line of work they are of a managerial level – i’ve been in Human resources, management,in customer care before.But i feel that initially when i search for a job no one is going to put me in a managerial profile straight up rather in an executive profile.If that is the case then i doubt that it will be able to come under the sponsored applications list.Am i right? Also even though i have worked in a variety of positions- i’m a masters in commerce and personnel management my real interest lies outdoors- like working in a vineyard or associated with a farm.I also have an interest in social work even though i have no social work qualifications and i’ve worked with a few ngo’s mostly as a voluntary social worker while travelling whether it be with theTibetan-govt-in exile in Dharamshala, india or with YWCA in india and halifax, Canada.Kirstin the question is- in case i want to make the above profiles as my work interest then will i have to study for them in Australia to do so? And in case i do happen to get a 457 visa sponsor and time is running out(of the28 days deadline) can i apply for a bridging visa while i apply for jobs and search for a sponsor ?
    The last 3 years have been very tough for me.In the family and having to go through a couple of surgeries having sufferred an accident in the mountains while climbing the himalayas.I left Canada to be with her in Ireland and now together we applied for Australia.And now this has happenned and i cant even go back to Canada now as the visa is expired.I put a lot into this believing in this relationship, put my everything but sometimes it’s not meant to be so now i find myself neither here or there.But i have faith in my god. You’ve been a great help and i thank you for that.
    And if i analyse it now i can see my wife was in love with me..rather like an infatuation rather than love from my inside.I think she loves me but cannot accept me as i am.She is a very normal girl, a good person but simple in her ways and i have lived a very differrent life having gone out of my home when i was 15 desiring to see a lot of this world and seeking knowledge and wisdom through my experiences.I think that’s where the disconnect happenned- you couldn’t find 2 people who live their lives so differrently.And it took her 3 years to realise that.I know Kristin this is not the forum for such talk but i still wanted to share…was feeling low so just wanted to take this out of my system…do u know of any place online where people can share their experiences like i have because it makes one feel lighter.
    Thanks again and i hope you can take it in your stride…this long message..i realise this is too long…
    blessings

    • Kristin June 29, 2013 at 3:04 am

      Hi Amit. Apologies for the delay in replying to your comment. I’m traveling at the moment so I’m a bit behind.

      I believe that you are right about the occupations list. If you’re not really highly experienced, companies are probably going to want to put you in a lower level and then promote you up. However, it’s always worth trying — you could very possibly find a small company that’s looking for managers and doesn’t require the same level of experience.

      As for switching occupations, if you can find a related degree you could study in Australia and then after you’ve finished (provided you study for 2+ years) you could apply for an 18 month working visa that often leads into permanent residency. Studying in Australia is reasonably expensive as a foreign student though so it definitely isn’t the cheapest option.

      I’m really sorry to hear about the difficult times you and your family have had. I hope you’ve healed up from your accident in the Himalayas! As for your relationship, it sounds like you’ve both put a lot of hard work into it and it’s tough to hear that it’s not working out, but sometimes that happens and both people end up happier if they separate. Unfortunately I can’t really give you advice on forums where you can discuss these sorts of things — I’m sure trawling through some Google results would give you some great sites, but I don’t feel comfortable recommending any as I haven’t used them myself.

  31. amit June 16, 2013 at 6:09 pm

    and just one more question..i’m not looking that far ahead but one still needs to know.I’m going to go to Australia next month to try to make one last ditch effort to try to save it even though my senses tell me there’s not a chance.But i never give up until all is lost.I believe we would have to file for a divorce in india as this is where the registration of marriage took place so i think she will have to come down to india for that- both of us.And then when it’s final the immigration can be informed.Kristin as i said before a lot of people use this in awrong way but for memarriage is sacred so i hope u can understand where i’m coming from.But we all need to live and carry on with our lives and i want her to be happy too.Find a person she’s happy with.And in case god wants and if i fall in love with someone i meet in Australia ..say if she’s an australian then what are the govt. rules like ..can people marry and start their lives without much problems or would the couple have to prove a lot of things that it’s genuine? you know we had a proper marriage, so many documents and yet when i first appliedfor Irish visa as her husband therewere huge problems because immigration looks at it with a close eye, with doubts sometimesbecause of what’s happening in our world.And sometimes we all have to pay a price, some price for theworld we live in now.
    I asked you lots of questions and shared lots of thoughts so that i can see my way forward from here.Whether i decide to come to Australia, be in India or somehow go back to NovaScotia in Canada.
    warm wishes to u and to your partner and i pray that u have a very good life ahead .

    • Kristin June 29, 2013 at 3:08 am

      Hi Amit. It’s good to hear that you’ll be heading to Australia and I hope that things work out for you. As for meeting someone else in Australia, you can usually apply for a de facto partnership visa after you’ve lived together for one year. Both that and the visa you get by marriage require a lot of proof of your relationship to be granted. Often you’re required to provide phone bills for the times you’ve been apart, proof of anything you’ve done together (photos, etc) and your friends have to provide written declarations that it is, in fact, a real relationship. My friend Brooke over at Brooke vs. the World went through this process and wrote a blog post about it at http://brookevstheworld.com/this-stack-of-papers/.

  32. Claire June 21, 2013 at 2:13 am

    Hi Kristen,

    It’s great to see that you’re still coming back to this thread after such a long time to answer queries, so thank you 🙂

    And now for my query, haha – hypothetically speaking, if I entered Australia on a 457 visa, can I change CAREERS while there on this visa, as opposed to just changing job/employers… eg, if I went to Aus as a dental technician, could I change jobs to say, work in admin somewhere, in a job completely unrelated to the dental field, if I had an employer willing to take over my sponsorship, even though general admin is not on the CSOL?

    Thank you 🙂

    • Kristin December 1, 2013 at 9:27 am

      Hi Claire, apologies for not replying to this in a much more timely manner. Anyway, I hope you have been able to get your situation sorted out with the help of immigration. As far as I know, you can’t transfer a visa if your new occupation is not listed on the CSOL list (as you must have an ANZSCO code that matches your occupation, etc). I’d be interested to know if that wasn’t the case though.

  33. Ann June 28, 2013 at 11:37 pm

    Hi Kristin,
    Thanks so much for all the effort you’re putting into providing info and answering everyone’s questions!
    I am currently the secondary holder of a 457 and have been employed by my employer for more than 2 years now.
    I’d like to become a primary 457 visa and will probably be able to get sponsored by my employee. Have you ever heard about a similar situation? Would I have to leave the country to apply for “my” 457?
    Thank you in advance.
    Ann

    • Kristin July 9, 2013 at 7:41 pm

      Hi Ann, sorry for the delay in replying and I hope this still helps. I believe that as a secondary 457 visa holder, you can apply for another visa provided you do not have a “no further stay” restriction on your current visa (which would be outlined in the visa grant and on your visa label if you have one). In that case, once you turn in the new application (at the same time or after your nomination has been lodged), you should be put onto a bridging visa with the same work restrictions as your previous visa. I think that means you would still be allowed to work as you can do so as a 457 dependent, but I would definitely verify that with the department. In any case, the only reason you would have to leave the country to apply is if you have the “no further stay” restriction that prevents you from applying for more visas onshore.

      I hope that helps, and it wouldn’t hurt to verify this with immigration before going any further. Good luck!

  34. Anks June 30, 2013 at 6:34 am

    Hi Kristin –

    My 457 will be arriving within next 2-weeks, I wanted to check if my spouse will be eligible for doing the job, and also if she is eligible, does employers offer her contract job or permanent? I heard somewhere that the employers are only offering permanent jobs and they ask the candidate to have a PR, so wanted to check

    Thanks in advance!!

    • Kristin July 9, 2013 at 7:55 pm

      Hi Anks, if your spouse is a dependent on your 457 visa, she will be allowed to work in Australia. She will not have employer restrictions like you do so she can work in any occupation, whether it’s on the CSOL list or not. It is up to the employer on whether they want to offer contract or permanent work. I don’t believe they are even supposed to ask whether you are a permanent resident, just whether you have the right to work in Australia, but I know employers can sometimes be a bit touchy about employing someone that can only stay in the country based on someone else’s employer. If I were her, I would apply for jobs, and if asked point out that she doesn’t need a visa.

      Please let me know if you have any other questions!

  35. shan July 12, 2013 at 7:11 pm

    Hi Kristin,

    Probably I’m having a weird question to you. Do you know how long will it take to cancel a 457 visa? I’m planning to leave Aus in next month and would definitely love to know the answer as I’m planning to submit the visa cancellation form(form 1194)before leaving.This makes easy to claim my super funds quickly.

    Thanks heaps.

    • Kristin September 11, 2013 at 6:22 pm

      Hi Shan, I’m sorry for not replying to your comment at the time — I know an answer wouldn’t be relevant to you anymore. As it is, I don’t actually know how long it takes to cancel a 457 visa. How long did it end up taking you? Were you able to get your super funds? The one time I claimed super on leaving I just waited until my visa expired.

  36. monu kumar July 19, 2013 at 12:51 pm

    Hi Kristin,

    My name is Monu Kumar. I just want to ask you that i am currently on visa 457 and it is going to complete very soon. so when i ll apply for my permanent residency how much time will it to take to make the decision by the immigration.

    • Kristin July 21, 2013 at 11:26 pm

      Hi Monu, in my experience, permanent residency visas take at least 6 months to process. However, as long as you get your application turned in before your visa expires (and I would recommend a reasonable amount of leeway since you have to post the application in most cases), you will then go onto a bridging visa while you are waiting for the PR to be processed. The bridging visa will have the same restrictions on it as your previous visa, so you’ll be able to work, but only for one company, etc, etc. The main issue with a bridging visa is that it ceases when you leave the country. If you plan on going abroad, you need to go to the immigration office and apply for a bridging visa B, which costs somewhere in the range of $60.

      Good luck with the PR process! It’s definitely worth it once it finally gets processed.

  37. Ruby July 19, 2013 at 10:14 pm

    Hi
    Can I bring my mom on 456 visa in Australia
    Cheers

    • Ruby July 20, 2013 at 9:20 pm

      Hi
      I have 457 visa . My mom is widow and she is in India alone
      Can I bring to australia on 457 visa .
      Cheerd

      • Kristin July 21, 2013 at 11:42 pm

        Hi Ruby, I’ve responded to your other comment — essentially, I do not believe it is possible to bring your mother to Australia on a 457 visa. I’ve been reading through the details on what relatives you can bring to Australia on a 457 visa, and it appears that in the “other dependent relatives” section, you can bring your grandparents, but not your parents. More details are available at http://www.immi.gov.au/visas/including-family-members.htm.

        Hope that helps and sorry I can’t give you a more positive response!

      • preet November 26, 2013 at 1:03 pm

        hi ruby you can bring your mother in here on 3 or 6 month vising visa.(tourist visa)

        • ruby November 29, 2013 at 2:41 pm

          hi
          as per ur advice I check with immigration office..they say I can apply in other dependent relatives .then I apply in july for my mom 457 visas. in November they grant my mom 457 visas . only they need that my mom is depend on me for last one year , I have to show proof of it and I m only child of my mom
          so they grant it
          tks for ur advice
          ruby

          • Kristin November 29, 2013 at 2:58 pm

            Glad to hear it was all successful and that your mother was able to get a visa Ruby!

    • Kristin July 21, 2013 at 11:39 pm

      Hi Ruby, unfortunately, I do not believe that you can bring your mother to Australia on a 457 visa. It would be worth calling immigration on the matter, but from what I know, you can only sponsor your parents once you have permanent residency. Even then, the visa has a massive queue and I’ve heard of people waiting for up to 10 years for one. You can bring her to Australia on a tourist visa (which can possibly get extended to up to 12 months) but after that you’d have to wait until you are a PR to do anything more.

      Again, it would definitely be worth verifying this with the people at the immigration office.

  38. Helen July 22, 2013 at 4:35 pm

    We are English and my boyfriend has been offered a sponsored visa in Australia. I believe I can be included on his visa application as I fulfil the 12 month relationship requirement.

    Would I be able to do any work over there and if so who could I work for?
    If not, and I want to work for some of the time, would it be better to come on a temporary one year working visa? I am under 30 and I do not have a job on the skilled occupations list.

    Thank you

    • Kristin July 24, 2013 at 3:00 am

      Hi Helen, you’re right about being able to come to Australia as a dependent on his application. The Australian government counts you as a defacto partner if you have been living together in a relationship for more than 12 months.

      As a dependent visa holder, you can work in whatever occupation you like, regardless of whether it is on the CSOL list or not. Your partner is the only one with work restrictions. Therefore, I would definitely recommend that you apply as a dependent rather than doing a working holiday visa, since that restricts you to only 6 months work at any company. Employers know this and would be more likely to employ someone with a longer validity on their visa.

      Hope that helps and please let me know if you have any other questions.

  39. tina July 22, 2013 at 7:20 pm

    tina
    hi kristin
    i am on student visa but it is expire on 2nd august 2013 and i had apply de fecto 457 as secondary on 17th july 2013 with fully evidence genius relationships so if my de fecto file is refused then i can take student visa again or not but now i m on briging wa visa plz help me thnx

    • Kristin August 6, 2013 at 1:23 pm

      Hi Tina, many apologies for not replying sooner and I hope you were able to get this sorted before your student visa expired. It sounds like, since you have an application for another visa in, that you’ll be fine to stay in Australia on the bridging visa until that one is decided. Unfortunately I do not know what your options would be if your de facto status is not approved. You may have to leave Australia and reapply for a student visa outside the country, especially if your application status is decided in the middle of a semester.

  40. Luci July 23, 2013 at 10:18 am

    Hi
    Great Post Kristin. I got offer to work with the competitor which already has a nomination, what is the process of transferring employer and the costs of it. My 2 years contract will start again if I change employer?

    Thanks
    Luci

    • Kristin December 1, 2013 at 9:21 am

      Luci, apologies for not replying much much earlier. I hope that you were able to get your visa transferred from your old employer to your new employer. Your individual contract should have started again but as long as you transferred the visa instead of getting a new one with a different ANZSCO code both should count towards eligibility for permanent residency.

  41. ara July 23, 2013 at 11:11 pm

    Hi Kristin,

    Hope you could enlighten us with our situation. Me and my hubby came from philippines, and came here last Jan 22nd, and i got pregnant. I just learned that my health insurance will not cover it for i was 1 day ahead from my due. (Imagine that?) Me and my hubby is planning that i give birth to philippines since the baby will not be a citizen when the baby comes out. I ask airlines company if how many weeks i can fly, and they say 35 weeks. I am planning to go home on Nov 29th since the airfare is cheap and in time for christmas as well. My due is on Feb 5th My question is, how long can i be away from Au? Would there will be a problem legally regarding my visa? for i am not working for 4 months?

    • Kristin December 1, 2013 at 9:25 am

      Hi Ara, I hope you were able to get your situation sorted out and that you have been able to fly back to the Philipinnes prior to the cutoff date for flying (which many airlines actually set between 28-30 weeks). Unfortunately I can’t really help you with any further details, so I hope you have been able to discuss this with immigration or an immigration lawyer.

  42. Mohammed Muddasir August 2, 2013 at 2:31 pm

    Hi Kristin,

    If I have a 457 visa can I visit New Zealand?

    Or do i need to apply for a visa?

    If its not required, can you please tell me if i have go through any other formalities?

    Please guide me through.

    • Kristin August 4, 2013 at 1:52 am

      Hi Mohammed, your temporary visa status will not affect your ability to get into New Zealand. It’s only once you become a permanent resident that it allows you to enter NZ freely. New Zealand immigration provides a webpage that lets you know what temporary visas you can apply for based on your country of citizenship at https://visaoptions.immigration.govt.nz/Home/CommonPersonal.aspx.

      As an American, I was able to simply fly into NZ and be granted a 90-day tourist visa. This may vary based on your citizenship though.

      I hope this helps and please let me know if you have any other questions.

  43. Jonie Melo August 3, 2013 at 1:14 pm

    Hi Kristin,

    Great post. I’m Jonie from The Philippines. My husband is currently on 457 visa and he arrived in Perth last July 24, 2013. My question is, when can he take his dependent (wife) with him?

    Please enlighten us. Thank you in advance.

    • Kristin August 6, 2013 at 1:08 pm

      Hi Jonie, did your husband include you as a dependent on his 457 visa? To do so, the employer would have included you as a dependent on their application for him, and then he would have included you on his application as well. As far as I’m aware, when this is done the dependents are usually approved at the same time as the main visa holder. However, if he is now applying for you as a dependent once being granted the visa, I don’t know how long the processing time would be as I have never been through that process. I think the best way to find out would be for him to call immigration and discuss current waiting times with them.

  44. Mujtaba August 8, 2013 at 2:21 pm

    Hello dear Kristin
    i want to say that i want a job in abroad in your country but i dont have such a money to invest and buy the visa so will you please help me in this i will do any job in computer department i am computer hardware engineer so is there any company who give me visa and ticket as well and also job there and i will give the all the expenditure when i start job over there they will deduct my salary and clear all the pending payments of visa and ticket.
    please help me i really want job in your country
    i am searching such kind of job from last year.
    waiting for your replay

    • Kristin August 20, 2013 at 3:38 pm

      Hi Mutjaba, unfortunately I cannot help you get a visa or provide you with a job — I just give people information that helps the visa process easier. There are two places to start looking for sponsored work in Australia — the government’s SkillSelect site that matches potential employers with employees (http://www.immi.gov.au/skills/skillselect/) and Seek (http://www.seek.com.au) which is a general job search site. Good luck and I hope you are able to find a sponsor. IT and computer/software engineering jobs are in demand here at the moment.

    • Mila April 18, 2014 at 6:29 pm

      Hi Kristin,
      At first Thank you so much for your information on 457 visa.it’s great help for all of us on it.
      I’m on 457 myself and would like to talk to you in person,as I get lost in so many comments and afraid not to find your reply.Is there any chance to contact you via E-mail or phone,or even better in person?
      Kind regards,
      Mila

      • Kristin April 29, 2014 at 5:27 pm

        Hi Mila, I’m glad you’ve found the information useful. Unfortunately, I am not an expert on this matter — I am simply a person that has been through the process myself. I’m happy to answer questions via email but I’m not available for in-person meetings — a migration lawyer or a meeting with immigration would be much more helpful to you in that case anyway.

  45. budgie August 8, 2013 at 8:03 pm

    Good evening kristin.i applied for 457.i had applied student visa before 457.as i applied for 457 i withdraw my student visa file.i have wife and a son.i m on bridging visa c.if imy application is appro approved for 457 then do i have to leave australia to grant visa or i have to leave with my dependents as well.i am the main applicant.i applied 457 as offshore and having bridging visa c .help.thanks.

    • Kristin August 20, 2013 at 3:42 pm

      Hi Budgie. How were you able to obtain a bridging visa if you applied offshore? I’m not sure of the specifics of the bridging visa C vs the bridging visa A, but perhaps that is the difference. Anyway, usually when you are in Australia on a bridging visa, you are allowed to stay until a decision has been made on your visa. However, the tough part is that you applied offshore, and usually if you are offshore at the time of application, you have to be offshore at the time of visa grant (which is what happened to me on my first 457 visa). I would strongly recommend that you talk to immigration about this to verify where you are supposed to be, as it would be very difficult to figure out when to leave the country on your own since processing times vary so widely. Good luck and sorry I couldn’t give you anything more definite!

  46. Alex August 8, 2013 at 8:19 pm

    Hi Kristen,
    I am soon coming to the end of my 457 contract with my employer. I would like to travel around Australia before I take my flight back to the UK (which I believe I now have 90 days for, up from 28?).

    Do you know if during these excess weeks it is possible to visit New Zealand and return into Australia afterwards? Since I’ll be officially unattached to a company while waiting for my flight home I worry I won’t be allowed back in.

    Sorry if this question is simple, i’m struggling to find an answer!

    Thanks
    Alex

    • Kristin August 20, 2013 at 5:07 pm

      Hi Alex, sorry for being a bit late to reply! You’re right — you now have 90 days to leave the country rather than 28. I’ll update the post accordingly. It’s nice to see the Australian government recognise that it’s a bit difficult to pick up and move your life in that period of time — while possibly looking for work as well!

      As far as I understand, the 457 visa will cease as soon as you leave the country after your employer has notified the government that you are leaving work. I think the best option would be to go to immigration and apply for a tourist class visa — I did this when my first 457 was due to expire and was given 90 days to travel the country and could come and go as I pleased. If you do this before you leave the country it would give you piece of mind, but you should be able to apply for an ETA (or other appropriate tourist visa for your country) once you’re in NZ.

      Hope that makes sense and please let me know if you have any other questions!

  47. Bill August 8, 2013 at 10:05 pm

    Hi Kristin, I have found your blogs and comments very useful. Now for my dilemma………

    I have been sponsored since 15th December 2011 in a sales/marketing capacity. Although only 5 months until I can go for my PR I am getting continually anxious about my job security. What would the company I work for have to provide for my PR or could I apply myself without them knowing and leave my job the day PR comes through?

    Thanks in advance

    • Kristin December 1, 2013 at 9:32 am

      Hi Bill, apologies for not replying sooner and I hope you have been able to talk about this situation with someone far more knowledgeable about things like this than me (like immigration or a migration lawyer). Applying for PR without sponsorship is a much more difficult route to take as there are many more requirements; however, applying for sponsored PR does tie you to your company for a longer period of time (2-3 years depending on immigration’s current requirements). Anyway, I hope that all is going well and that you are well on your way to getting PR.

  48. Basti August 10, 2013 at 7:34 pm

    Hi Kristin,Is there any other way to get a PR on 2 years living straight in Australia in the same region but not in the same employer? Thanks in advance

    • Kristin November 29, 2013 at 4:00 pm

      Basti, apologies for the late reply and I hope you’ve been able to get your answer on this from immigration or from an immigration lawyer. It is possible to apply for a PR visa if you have been working under the same ANZSCO code even if you have not been with the same employer. Usually this will happen if you get your visa transferred to another company within 90 days of terminating employment with the previous one.

  49. Basti August 10, 2013 at 10:41 pm

    Hi Kristin,I read your forum it is great full of substantial ideas,Well just wanna know that.,does immigration have any other way to get a PR for 457 visa holders except for the temporary residence transition stream?,I’m 2 years living straight in Australia now and I’m in the same region as well,but not in the same employer any chance to get PR?? Thanks in advance

    • Kristin December 1, 2013 at 9:34 am

      Hi Basti, apologies for not replying sooner and I hope you have been able to find out this information in the meantime. There are a few other pathways to permanent residency listed at http://www.immi.gov.au/skilled/general-skilled-migration/sir.htm. Hopefully one of them applies to you, otherwise you’ll have to wait until you’ve been in the same job for 2 years. Good luck!

  50. Lauren August 18, 2013 at 12:23 am

    Hi,

    My employer has put in our application for them to sponsor me on a 457 visa. We did the application ourselves, without an agent. My employer is already an approved sponsor so all we had to do was the nomination. The application went in just before the changes were made on the 1st July so im guessing there will be some kind of hold up…its just been 7 weeks already and the nomination still hasnt even been approved….do you know how long this would normally take to be processed???

    • Kristin December 1, 2013 at 9:36 am

      Hi Lauren, apologies for not replying sooner and I certainly hope the nomination has been processed by now! I would be curious to find out how long it did take as I haven’t had experience with processing times in the last few years (since I went on PR). Hope all is going well!

  51. Natasha August 18, 2013 at 2:37 pm

    Hi Kristen,
    Thank you for your replies above which went towards helping me understand this complicated process.
    My partner is on an e457 visa, i am here as his defacto partner and we have lived together in aus for the last year almost. love it here. my partner is about to change jobs and his new job are willing to sponsor him and myself as his defacto. however, i have found a brilliant job also in another city whichi want to apply for, we are thinking of living seperatley for a short while for our careers and also as i am not at all keen on the place he has to move to. we will continue to have joint bank accounts etc and visit each other whenever we can. is this allowed? or do we need to continue to cohabit to be on this visa? in this case should i apply for residency or my own skilled independent visa (my occupation would qualify for this visa).
    thank you so much for your help, you have given so much of your own time to this evidently. it is hugely appreciated. i hope others extend the same help when you need.

    • Kristin December 1, 2013 at 9:38 am

      Natasha, many apologies for not replying sooner and I hope you have been able to get all of this sorted. Congratulations on finding a great job that suits you as well — I hope you were able to take it! It’s a difficult situation since defacto, as far as I know, requires you to be living together, so if I were to be making the call, I’d say apply for a separate visa just to avoid any immigration troubles down the road. I know you’ve already made this decision anyway, and I hope everything worked out well!

  52. Leah August 19, 2013 at 1:18 am

    Hi Kristin,
    My husband is a 457 visa holder and been working for 1 year and 4 months in his employer in Perth but due to economic downturn recently their employment has been terminated.
    He was still staying in Perth looking and hoping for another employee to sponsor him for he has still 90 days to do that, recently a friend offered him a part time cleaner job he wasn’t fully aware that it is part of the restrictions of the 457 he was only advise then by another friend, upon realizing that he stopped immediately on that job..but the problem is that they have deposited the payment in the bank twice,is it still going to be a big deal,can you advise what might be a good thing to do about this..
    thank you so much for your time.

    • Kristin December 1, 2013 at 9:39 am

      Leah, many apologies for not replying sooner and I hope you were able to discuss this situation with a migration lawyer, who would have been able to give much better advice than me as I really wouldn’t know how to go about rectifying this. I hope everything worked out for you and that your husband was able to transfer his visa as well.

  53. zabed August 27, 2013 at 8:10 pm

    im from bangladesh. i got an offer letter from one of Australian company as a work permit visa. is it possible for me to get PR in Australia after expiration of my visa(3.5 years).

    • Kristin September 11, 2013 at 6:14 pm

      Hi Zabed, sorry for not replying sooner. Anyway, it’s great to hear that you’ve been sponsored for a job in Australia. It will be possible for you to get permanent residency in Australia once your visa expires — or even before. 457 workers are eligible to apply for permanent residency after 2 years of work in the same profession, but the catch is that they have to be sponsored for it by their employer. A number of employers are happy to do this because it saves them more paperwork for temporary visas, but it does mean that you will have to sign a form stating you will work for that company for the next 3 years. However, it is a much simpler way of applying for PR than going through general skilled migration so I would definitely recommend it!

  54. Garry Birkett August 30, 2013 at 3:06 am

    Hi, my partner has been granted a working holiday visa, i am only just too old to qualify. I am struggling to get them to give me a visitor visa, they want to put a no further stay on it, our intentions are to hopefully find an employer who is willing to sponsor my partner who is skilled and in a sought after occupation, then after more paperwork be granted with full visas, however this route be a problem if they put a no further stay on my visitor visa?

    • Kristin September 11, 2013 at 6:13 pm

      Hi Garry, many apologies for not giving you an answer more quickly. I’d definitely do my best to ensure the no further stay clause is not added to your visa, because that will definitely make it more difficult to stay in the country. However, it may be hard to avoid, especially if they consider you a risk to stay in the country (having a significant other applying for a longer visa, etc). If you do have that condition added to your visitor visa, you will have to leave the country and apply as a dependent on your partner’s sponsored visa. It shouldn’t have any effect on the actual processing of the visa…but it will mean that you have to stay out of the country for the duration of the visa processing. In addition, you would have to clarify with immigration as to whether you could apply on the same application if you are offshore and she is onshore — I’m not sure whether they’d make you wait and apply after her visa is approved in this case.

      Good luck with the process and I hope it goes as smoothly as possible for you. Please let me know if you have any other questions!

  55. Anil September 13, 2013 at 6:39 pm

    Hi Kristin,

    Me and My wife are IT professional working in India,
    My wife is getting 457 Visa and I’ll be getting a dependent one,
    From the your answers to different questions in this post I understand I am eligible to work in Australia,
    But I wanted to know is it possible to get Job calls/Confirm Job being in India or I need to first travel to Australia and then look for jobs.
    Also can you comment looking into the present Job market how tough it will be to get a Gob in IT-QA field.

    Thanks in Advance

    • Kristin September 23, 2013 at 1:28 pm

      Hi Anil. You are correct — as a dependent on a 457 visa, you will be allowed to work in Australia. I would definitely encourage you to start looking for work while you’re still in India — I was recently able to look for work from the US for a job back in Australia and was even able to do a few Skype interviews before I returned home. So you might as well get the search kicked off sooner rather than later!

      Personally, I can’t comment on the job market as a whole. I know that there were a fair amount of IT job ads when I was looking in Brisbane last month, but it really depends on what sort of IT you plan on doing and which city you plan on living in.

  56. Nick September 18, 2013 at 8:53 pm

    Hi Kristen,

    Firstly great article, really helpful

    I have a couple of questions regarding 457 visas and PR that im finding hard to find answers too. You have have already answered them above so bear with me.

    1. Im currently employed in the australia on a 457 visa. However its looking likely that im going to be made redundant in the near future. That leaves me with 90 days to either find other employment or leave the country doesnt it? What complicates it is that im not in the country at the moment and am not planning to be until after this 90 day period starts. Will this effect my re-entry to the country or do i need to go back before the 90 day period starts?

    2. Ive been employed under the 457 for nearly 2 years but i also pass the points based skilled migration for PR (189 visa i think). So i was thinking of staying in the the UK for a few months and applying for that instead. What restrictions are there on returning to aus once you have applied for this visa? ie if i get another job offer in the meantime can i return to aus and work assuming the company will take over my 457. Or can i go on a bridging visa whilst my application for PR comes through (should be likely, as i pass the points, have no criminal record, am fit and healthy, and my profession is required)Are there any other options?

    Hope you can help

    Kind Regards

    Nick

    • Kristin December 1, 2013 at 9:53 am

      Hi Nick, many apologies for not answering sooner. I hope you have been able to get everything answered through other avenues and that your job situation is doing better. I know these answers are probably too late, but here are my thoughts:

      1) If DIAC is notified that you have ceased employment and you are out of the country, I am not certain that you would be able to re-enter the country. As far as I know, the visa is valid until you leave the country after ceasing employment. However, if you could prove you were searching for a new job this may not be the case?

      2) Unfortunately, it’s pretty difficult to apply for a visa offshore and then enter the country. It’s fine to apply onshore and stay here, but if you apply offshore, you’re supposed to wait until the visa is processed before you arrive. This happened to me when I had to wait 3 months for my first 457 visa. However, if you were to apply onshore, usually your bridging visa carries the same restrictions as the previous visa you were on. That means that you’d be restricted to one job. I’m not sure how the 457 transfer process would happen though — that would definitely be a question only immigration or a migration lawyer could answer.

      Anyway, I hope that all of this is old news and that you’ve been able to get your situation sorted out in the meantime. Hope all is going well!

  57. MichaelM September 24, 2013 at 9:23 am

    Hi Kristin,

    I have been privileged to work and live here in Sydney under the 457 visa together with my family since May 30 2013.
    My concern are as follows;

    1. Is there any support for me and my family from the government since I am the only individual working for my family. (My wife takes care of our two kids aged 4 and 1.5).
    2. Can you shed some light on the topic LAFHA (living away from home allowance?). Any info is greatly appreciated.
    3. Also, I am planning to save a tax agent fee by using the ATO’s e-tax online. What are the required documents I need to use before starting the program?

    Thank you and I look forward to your informative comments.

    Best regards,

    • Kristin November 29, 2013 at 3:57 pm

      Michael, apologies for not replying sooner and I hope you’ve been able to get your questions answered, either by immigration or by an immigration lawyer. As far as I know, you are not eligible for government support until you have held a permanent resident visa for a certain period of time. For temporary residents, Centrelink and other welfare payments are usually not available.

      I don’t know anything about the LAFHA, sorry — all I would know is what I could Google about it.

      As for etax, I hope you were able to get that sorted before the tax deadline. It usually tells you as you go through which documents you need, but usually it requires a notice of assessment from a previous year (or another document to prove your identity) as well as your PAYG, statements from savings accounts and other investments, and a statement from your health insurer. If you’re not eligible for Medicare, you need the Medicare levy exemption certificate as well.

  58. Hugo October 1, 2013 at 11:17 am

    Hello Kristin, I’m a chef on 457sponsorship 4 years contract. I’ve been working for this coffee shop for 1year and 2 month now. They hire me for a chef position. Now we have a new head chef that working with the owner to improve our standards. The head chef and the owner told de that they want me to work as a sous chef from now on but the head chef doesn’t seems to be very passionate to teach me how to develop my new step chef skills. He have been in a certain way discriminating me by treating me bad at work, avoiding talk to me during service and for my surprise he said that the best I could do it’s to take a 4 week holiday and find a new job.

    I live with my fiancé in a de facto visa and both of us depending of this job to satay here in Australia.

    My question are:

    Can he fire me?

    What can I do to protect myself against all this threat?

    What happening if he breaks the contract ?

    Thanks for your support.

    • Kristin October 1, 2013 at 9:37 pm

      Hi Hugo, unfortunately I can’t help with this situation. It sounds like it’s a quite serious thing that you’d be best off talking to an immigration lawyer about, especially if you feel you are going to be unfairly dismissed. I hope you are able to get some good advice and that things work out so you and your fiancé can stay in Australia.

  59. BALJIT October 1, 2013 at 7:12 pm

    hi everybody please advise me i have 457 visa for 4 year but immg.cancel my visa because i was working as taxi driver on the holiday so what i have to do now and what is the chances to revoke my visa. because my future is in dark if i leave this country

    • Kristin October 1, 2013 at 9:41 pm

      Hi Baljit, unfortunately if you’ve broken the restrictions of your 457 visa I believe it’s unlikely that you’ll be able to fight immigration on their decision. However, I would highly recommend talking to an immigration lawyer about your options because they will have encountered many other situations like yours and may be able to find a way for you to stay in the country. I personally have no experience in this and cannot guide you further. Good luck and I hope you are able to work things out.

  60. john October 4, 2013 at 11:54 am

    hi kristin , my sponser paid my super annuation into my super account , now he says i have to pay him back the money ,hes taking large chunks from my pay , can you explian how super works , does it come out of my salary ? from what ive been reading hes in the wrong

    • Kristin October 7, 2013 at 5:10 pm

      Hi John, unfortunately I’m not the best person to be asking this question of — while I’ve been through the visa process, I’m not qualified to help with employer issues like the one you are having. I can tell you that super is paid on top of your normal salary and goes directly into your super account, not to be withdrawn until you permanently leave the country or retire. It sounds like you definitely need to get advice from a lawyer of some description about what he’s doing to you. I hope you’re able to find someone to help.

  61. Meg October 8, 2013 at 5:23 pm

    Hi Kristin,

    No more questions from me, for now, all have been clarified by your replies to the questions before. Thank You!

  62. Prathibha October 15, 2013 at 8:42 am

    Hi Kristin,

    Thanks for the details provided. They are very helpful.
    We are on a 457 visa, my husband being the primary applicant from march 2013. Both of us are working in Australia. We have a private health insurance from March 2013. I am confused while filing Tax Returns.
    I do not have Medicare levy exemption certificate and my health insure, Bupa said that they would not give a tax certificate, as we are on 457 visa. Can you let me know if I should fill Private health insurance details or leave them blank in the tax filing.


    Regards,
    Prathibha

    • Kristin November 13, 2013 at 6:59 pm

      Hi Prathiba, I apologise for not replying sooner and I hope you were able to get the information you needed in time to file your taxes. I find it very odd that Bupa would not give you a tax certificate — unless it’s just because you are not getting a government subsidy for your insurance because you are a 457 visa holder. However, I remember their old companies (both mbf and HBA) providing me with certificates when I filed. It’s best to fill in insurance details since you could otherwise possibly end up paying the medicare levy surcharge…just as long as you fill in that you are getting no subsidy. Anyway, I’m sure you’ve gotten this all sorted out by now, and hopefully next year’s filing will be a lot simpler now that you know what to do!

  63. Donald October 24, 2013 at 9:57 am

    Hi Kristin,

    Thanks for all your help out there for people needing info on 457. I’m glad that you are helping in whatever knowledge you have 

    I too like others have a question here,

    I have been employed with my employer since Nov 2009 & my 457 visa was approved on 04 Sep 2012 with my employer. However I was working as dependent 457 visa holder from Jan 2012 & my wife was a primary 457 holder till 03 Sep 2012. Once she lost her job, I was lucky enough to be sponsored by my company. My company is more than willing to continue supporting me to gain my residency in AU, however I have few challenges in understanding the criteria.

    As per Immigration criteria, I can apply for PR once I complete 2 years in same company. If dependent 457 visa holder is also counted (since I have not changed company as 457 fulfillment), I should be eligible to apply by Jan 2014. The question is, does dependent 457 visa holder also count towards this time, or should I wait till 04 Sep 2014 to apply for my residency.

    Many thanks for your help.

    Cheers,

    • Kristin December 1, 2013 at 9:48 am

      Hi Donald — that’s a really good question, and I hope you have been able to get it properly answered by immigration. I’d definitely talk to an immigration lawyer who can help you through this, as I know how much nicer it would be to apply in January rather than September! I really don’t know how dependent 457 visas factor in — you may be able to prove that you’ve been working at the same company, but since it wasn’t sponsored and listed under an ANZSCO code, etc, there might be issues. It’s definitely worth asking questions to try to see if you can push through PR sooner rather than later.

      Sorry I couldn’t give you a better answer, but I hope you’re already well on your way to getting this answered through other channels!

  64. Anand November 6, 2013 at 7:57 pm

    Hi Kristin,

    I got dependent 457 visa through my wife who is the main applicant and traveling to Australia for a project.
    Now my question is if I too go to Australia and find a job but my wife’s project ends then as I suppose my visa will also becomes invalid or is there any case where my employer can initiate some other visa process ( I am not sure) for me which allows me to continue my work.

    Cheers,
    Anand

    • Kristin November 7, 2013 at 10:28 pm

      Hi Anand, yes, if you come to Australia and find a job as a dependent on your wife’s 457 visa, you will not be able to work if she is no longer employed here. However, if you know it is coming and your occupation is on the list of occupations that are able to be sponsored for 457s, you would be able to talk to your employer and see if they would be willing to initiate the 457 visa process for you. Otherwise, you would have to see if you qualify for a general skilled migration visa. Good luck and I hope you are able to come to Australia.

      • Anand November 8, 2013 at 10:31 pm

        Hi Kristin, thanks a lot for your answer as this question was bugging me if I ( I am in IT profession) come to Australia and my wife’s project ends there then I would also have to pack my baggage even though I would be working.Now as you suggested there are few ways which can be tried to extend the stay.

        Thanks again.Hope I would come to Australia 🙂

  65. Manisha November 10, 2013 at 12:19 am

    Hi Kristin!
    A very informative post I must say, thanks to you!
    I am on UC457 visa valid till 2015 dec, but have been in Australia only for 5 months (apr 2012-Sep 2012). My husband, who is currently in Australia on UC457 (independent), is thinking to raise a dependent UC457 visa for me. Could you tell me that by getting this dependent visa, will my independent visa be cancelled? Thanks!

    • Kristin November 10, 2013 at 10:23 am

      Hi Manisha, yes, if your husband applies for a dependent 457 visa on your behalf, your current 457 visa will be cancelled as you cannot hold 2 visas at once. This means your work status will become dependent on him–meaning if he loses his job & has to leave the country, you will too.

  66. Pat November 12, 2013 at 4:59 pm

    Hi Kristin,

    My Wife has got 457 Visa from her company in India and travelling to Australia next week, but while applying we didnt apply for dependent. Now what is the process to apply or add me as dependent to her 457 Visa and how long it takes to get the dependent visa.
    Will applying dependent will be good option in terms of Job opportunity or Independent will be good idea?I don’t want to apply for independent as i will be restricted to one company and location will become problem for us to stay together and the process will take long time.I want to join her ASAP.I work in IT in SAP field.so how are the opportunities for me in Sydney.Your help will be great for me.

    Regards
    pat.

    • Kristin November 13, 2013 at 6:11 pm

      Hi Pat, unfortunately I don’t have any information on how long it will take to get the dependent visa now that she has been approved, as I have never been through that process. It would be best to contact immigration to find out what current processing times are. As for whether to apply for dependent or independent, it really depends on your situation. As a dependent visa holder you will not be restricted to one job but it may be more difficult to get a job as employers may shy away from someone that is tied to someone else’s visa status. However, like you said, independent visa holders are restricted to one job. I can’t really give any more advice than that not knowing your personal situation, and I believe an immigration lawyer or immigration themselves would be better to discuss this with. Also, as I do not live in Sydney, I do not know what the IT market is there at the moment, especially since IT is such a broad field. Sorry I can’t give any better advice than that, but hopefully you are able to discuss this with someone that can.

  67. Ash November 16, 2013 at 1:07 am

    Hi Kristin,

    I would be grateful for your advice…. My employer has applied for nomination approval and it has been 3 weeks now and still waiting. My employer is not a new employer and has sponsored others in the past.

    a) Do I have to wait until the nomination has been approved before applying for 457 visa?
    b) Will there is a risk of incomplete application(without the nomination approval)rejection and lose my application fee?
    C) How soon will I get info from the DIAC to go ahead for my medicals? And if I can apply without the nomination approval, will they still ask me to get my medicals?

    Regards
    Ash

    • Kristin November 26, 2013 at 9:36 pm

      Hi Ash, to answer your questions:

      a) You do not have to wait until your nomination is approved to put in your application for a 457. As long as the business has been approved as a sponsor (and it sounds like they have) then both other applications can go in simultaneously.
      b) Unless the rules have recently changed, you should not be rejected for not having nomination approval. It was always stated when I was going through the process that nominations did not have to be approved prior to putting in your application.
      c) Unfortunately I can’t answer that question. You will still need to get your medicals regardless of when you apply, but you will need to ask immigration exactly when in the process they need this information, especially as medicals expire a year after they were done so you don’t want to get them too early.

  68. Praveen November 16, 2013 at 4:59 pm

    Hi Kristin,

    I would be grateful if you could advice me….

    My employer has sent the nomination forms 3 weeks back for approval and still waiting. He has sponsored others before and is not a new applicant for nomination.

    a) Can I go ahead and send my 457 application without the ‘Nomination Approval’ in hand?
    b) Will this lead to risk of rejection and losing my fee, as this would be an incomplete 457 application without the ‘Nomination Approval’?
    C) If I am able to apply for the 457 application while waiting for my ‘ Nomination Approval’, will I be asked to get medicals straightaway or need to wait until the ‘Nomination Approval’ is in hand?

    Regards,

    Praveen

    • Kristin November 26, 2013 at 9:37 pm

      Hi Praveen, as this comment appears to be the same as Ash’s above, you can find your answer there.

  69. Ashley November 16, 2013 at 8:05 pm

    Hi Kristin,
    I have been sponsored on a 457 visa since February, but was let go yesterday unfortunately. I have a trip home planned in 4 weeks time, for a period of 3 weeks. This won’t go over the 90 day limit I have on finding a new sponsor, but I’m worried that if I leave Australia after DIAC have been notified of my situation that I will not be allowed to re-enter again…do you know if this is the case? As I said, my 90 days will not be up by the time I fly back in early January.
    Thank you
    Ashley

    • Kristin November 26, 2013 at 9:31 pm

      Hi Ashley, I believe that if DIAC has been notified that you are ceasing employment that your 457 visa will cease as soon as you leave the country. I think it would be best to ensure that you can re-apply for a 3 month tourist visa for the time you wish to come back to Australia after your trip. It’s probably best to confirm this with immigration, but you definitely don’t want to show up at immigration after a long flight only to find out you no longer have a visa!

  70. Reet November 17, 2013 at 9:38 am

    Hi Kristin,

    Thanksfor putting this wonderful post. Quite infgormative on a lot of fronts.

    I am on wp 457 dependent valid till 2017. I want to know whether I can get a business undermy name here. I am a software professional with exp in a niche technology and am thinking to start some sort of training and consulting business. Am I allowed to do that on 457 dependent. I have got TFN as weell.

    Pls advise.

    • Kristin November 17, 2013 at 10:29 am

      Hi Reet, unfortunately if you started your own business that would be considered a second source of income, which is not allowed under the rules of the 457 visa. You will need to wait until you are a permanent resident to be able to do this. Sorry that I can’t give you better news!

      • Reet November 17, 2013 at 1:50 pm

        Hmm…thx for the Prompt reply Kristin. Much appreciated. But I am on the dependent visa and not working at present, so not sure if second source of income applies to me. Thoughts?

        • Kristin November 17, 2013 at 1:56 pm

          Hi Reet — many apologies, I read your comment as saying independent visa rather than dependent visa. You’re right — as a dependent visa holder the rules about a second income do not apply to you. That means that you can probably set up a business, but if you need anything like loans, etc, you might have trouble as you cannot take out loans for longer than your visa term. However, I would definitely get an immigration lawyer’s advice on this before you go any further as I don’t have any experience in this area. Good luck and I hope you’re able to get everything sorted out!

  71. preet November 23, 2013 at 1:11 pm

    hi kristin
    i am on 457 visa and my employer closed his business as i have 8 more months left to complete my 2 years.i want to know about if i will find another sponsor i neeed to start same process again or my 18 months count in my new sponsorship or not
    thanks

    • Kristin November 24, 2013 at 6:11 pm

      Hi Preet, if you are able to find another employer and transfer your visa to them, I believe that you will not have to re-start your 2 year period of work for permanent residency eligibility (which I assume is what you were asking about). However, if you have to apply for an occupation with a different ANZSCO code, your eligibility period will restart (which is what happened to me). Good luck finding a job and I hope it all works out for you.

  72. Mark wilford November 24, 2013 at 2:36 am

    Hi
    I am currently sponsored on a 457 visa, my employers have said I can have unpaid leave from work so I am still
    Employed.are there any time limits I can be outside off Australia before my visa is affected, my visa is valid until 2016

    Thanks mark

    • Kristin November 24, 2013 at 6:09 pm

      Hi Mark, unfortunately you’ll need to consult immigration or an immigration lawyer on this one. I know that the rule used to be that you could only take unpaid leave until your salary reached the minimum salary level for your occupation. For instance, if you took 4 weeks of unpaid leave and your salary minus those days dropped below $62K (for an IT profession), you were in breach of your visa conditions. However, since immigration now says you need to be paid a competitive market rate, I’m not sure if this rule applies. I think you may have to stay above the Temporary Skilled Migration Income Threshold (http://www.immi.gov.au/skilled/temporary-skilled-migration-threshold.htm) which is just above $50K, for the year, but I would definitely get that clarified with someone more in the know.

  73. Devi November 28, 2013 at 9:16 am

    Hi,

    I am currently the secondary holder of a 457 visa. I am looking for a job. Many agencies are asking if my visa needs to be transferred to my new employer or not.
    I believe it’s not required as long as it is sponsored by my husband’s company. Could you please confirm?
    Thanks,
    Devi

    • Kristin November 29, 2013 at 1:36 pm

      Hi Devi, as a dependent 457 visa holder you do not need to do any transferring of your visa. You are free to work with any company provided your husband is still sponsored with his company.

  74. Anna November 29, 2013 at 8:49 pm

    Hi,

    After the changes have been made starting from 1 July what is the expected time of:
    a)sponsorship
    b)nomination

    I would really appreciate your answer.

    Thanks,
    Anna

    • Kristin December 1, 2013 at 9:45 am

      Hi Anna, unfortunately I do not have any updated timeframes for processing of sponsorship or nominations as I am now an Australian citizen and have not had to go through this process in some time. I think the change in government will have more of an effect on processing times than the specific rule changes that went through in July (at least, that was my experience).

      If anyone else reading these comments has any experience with recent processing times, it would be great if you could comment and let Anna know.

  75. narinder December 4, 2013 at 1:02 pm

    hi kristin
    my wife is main applicant for 457 working visa.she is doing 40 hours on TFN. it is possible that she can work on 20 hours on ABN also or not FOR ANOTHER company.
    thanks

    • Kristin December 5, 2013 at 9:07 pm

      Hi Narinder, unfortunately no, your wife can not work for another company, regardless of whether she is using her ABN or TFN at the time. 457 visa rules restrict you to only earning income from your sponsoring employer.

  76. islamabadguy December 15, 2013 at 7:32 pm

    I have few questions regarding 457 visa. Currently i am single and have attained 457 working visa and going to work at brisbane. My questions are

    (i). Now i am getting married, how i can invite my wife over there under my 457 visa ,documents and time require on that ?

    (ii). Is it viable option to take my wife with me right now on the visit visa to australia,she can stay with me on visit visa, and if its possible she can get the 457 visa under my name.

    (iii). May i do some business or other work at australia, other than my sponsored job?

    (iv). If my baby is born at australia, and we parents are on 457 visa, will he get australian passport?

    With Best Regards

    • Kristin January 13, 2014 at 8:18 pm

      Hi islamabad guy — very sorry for not answering your questions earlier. Hope you’ve been able to get answers from either immigration or a migration agent, but here’s my opinion:

      (i) Yes, if you are married you can bring your wife over as a dependent on your 457 visa. She’ll need to go through much the same process as you in terms of criminal background checks and medical exams. Unfortunately I don’t know the timeframe for granting of the visa.

      (ii) Your wife may be able to apply for a 3-6 month visitor visa depending on her nationality and other factors. However, it may be required that she be out of the country for the processing of the visa — I’m not sure on this so it’s best to ask immigration.

      (iii) No, you definitely can’t do any other business other than your sponsored work while you are in Australia. If you do, either as a business or as an individual, you risk losing your visa (and any dependent visas as well).

      (iv) I do not believe your baby would get an Australian passport just because you are in the country at the time of birth. As far as I understand, you need to be either a citizen or a permanent resident for your baby to be born an Australian. Instead, you would have to apply for the baby to be a dependent on your 457 visa as well.

  77. Ranjit January 3, 2014 at 8:02 am

    Hi,I just wanna ask u I have457 visa my husband main applicant,last month I apply visa extantions thay sent email to us about cest x ray. But I’m pregnant and my Lawer said your husband can stay hare but u have to move in India.she said when your baby bron u can come back hare.can u tell me what can I do.thanks

    • Kristin January 6, 2014 at 9:14 pm

      Hello Ranjit. Unfortunately I don’t know any more than an immigration lawyer, so I would advise that you take his advice or possibly consult another lawyer for a second opinion.

  78. Yvesly January 20, 2014 at 11:35 am

    Hi,

    Im a spouse of a 457 visa dependent and we are about to lodge our docs. But I have this situation, I have lived in the UK for 4years, and went back to the Phil last August 2013. So currently Im in my home country for nearly 6 mos already. Is there any specific requirements or additional requirements dor me comply? Hope you can help me out.

    Thank you,
    Yvesly

    • Kristin February 4, 2014 at 7:06 am

      Hi Yvesly, sorry, I don’t really understand your question. Are you wondering if there are special requirements because you lived in the UK or because you are out of the country at the time of lodging? In addition, are you already a 457 dependent or is this the first visa application?

  79. graham January 30, 2014 at 9:50 pm

    hi kristin. im on a 457 nearly two years and my partner and her son from previous relationship are on visa as dependents, we aslo had had a little boy together who was born here but just has same rights as us . our relationship has broken down and we are splitting up. i would like to go back to ireland but she says she is staying here, is this possible, she has opened a small business which isnt doing too good and i dont believe she can stay here without my financial support. any advice would be much appreciated

    • Kristin February 4, 2014 at 7:09 am

      Hi Graham, I’m really sorry to hear about your situation. Unfortunately your partner will not be able to stay here if you leave the country as she is a dependent on your visa. She would have to try to apply for her own visa if she wanted to stay here. I’m not certain on the rules about her staying here for the visa grace period — 90 days after you’ve left your job — if you’ve already left the country though. I’d recommend talking to a migration lawyer or immigration to get more firm details on that.

  80. samip February 9, 2014 at 12:15 pm

    hi kristin,
    currently im in a 457 visa and recently my wife had lodged a 457 dependent visa ( 20/12/2013) but due to non compliance of her student visa her student visa was cancelled on 31/1/2014 and she had a 3 year ban in Australia and now she is overseas.
    So my question is what are the chances of her getting 457 dependent visa ? Also if her 457 Depe. visa gets approved can she come back to Australia? does she have to wait for 3 years? or can she come when i get my permanent residency?

    • Kristin February 9, 2014 at 9:33 pm

      Hi Samip, unfortunately I can’t advise you in this situation and I highly recommend that you engage a migration lawyer to discuss this situation. It sounds pretty serious since you say she’s had a 3 year ban in Australia. Good luck and I hope you’re able to get the advice you need.

  81. andrea February 12, 2014 at 3:21 pm

    Hi Krisitn,

    My husband is currently sponsored by his employer on the 457 visa. It currently expires in June this year (as his employer can only offer a few months at a time). His boss has said he can take my husband on until december now.

    Will we have to re apply and pay the full amount for the 457 or is there any way we can get it extended at all as there is no info on the government’s website.

    Many thanks

    Andrea

    • Kristin February 25, 2014 at 5:35 pm

      Hi Andrea, unfortunately, as far as I know your husband will have to apply for a whole new 457 visa if his current one is expiring. I don’t believe there is any way to get an existing visa extended (or at least, there wasn’t when I went through the process of applying for a second 457 visa back in 2010). It would probably be worth verifying this with immigration over the phone just in case (since it would save you a lot of money if you didn’t have to apply for a new one)!

  82. Felix February 14, 2014 at 9:38 am

    Hi Kristin,

    Thank you very much for helping 457 visa holders like me. I have a question regarding to the right to work but struggling to find the answer elsewhere. My question is after my current contract ends, can I work in unskilled occupations while looking for a new job/sponsor?

    Thank you very much again!

    Felix

    • Kristin May 27, 2014 at 6:21 pm

      Hi Felix, I’m sorry for not replying to your comment much earlier — I must have missed it. I hope you were able to discuss this with immigration and get the appropriate advice — that is, that you cannot work in any occupation while you are looking for a new sponsor. As you will still be on a 457 visa for the 90 day period after you finish at your previous job, the same restrictions apply.

  83. Karan February 16, 2014 at 6:30 pm

    Hi Kristin,

    Need your advise, I am on a 457 spouse visa, if my wife has to leave the country as her project is over (company is not cancelling her 457 visa) and she will still be with the same company however in other country.

    Will that cause me to travel out of the county as well?

    • Kristin May 27, 2014 at 6:18 pm

      Hi Karan, apologies for not replying to your comment in a timeframe that would have helped. Unfortunately I did not know the answer to your query anyway as there were a lot of different things at play. I hope you were able to find an option that worked for you!

  84. DDp February 24, 2014 at 7:42 pm

    Hi

    I am on 457 visa sponsored by Indian company. Now they asked me to go back to India and work from there.

    Is there any was 457 visa can be transferred?

    What are the possible ways of doing so?

    • Kristin April 1, 2014 at 7:26 pm

      Hi DDp, unfortunately if you leave the country and cease employment with the Australian branch of your company, your 457 will no longer be valid. I would talk to an immigration lawyer about this in more detail if you want to stay in the country.

  85. Arjun March 4, 2014 at 4:24 pm

    Hi Kristin,
    Thank you so much for your sincere efforts. Its very much appreciated.

    Quick question on the IT job market: I have recently moved(3 weeks back) to Sydney. I use seek and Linkedin to look out for opportunities. I am yet to understand the dynamics of Australian Job market. Can you share few tips to get the first break in Australia. I am sure it would be helpful to many.

    BTW, I am a Datawarehosuing Consultant with 8 years of experience. My technical expertise are in Teradata, Informatica and Oracle.

    • Kristin April 1, 2014 at 7:23 pm

      Hi Arjun, thanks for your comment. Unfortunately I don’t really have a lot of tips other than to use Seek and apply for any job you think you could be remotely qualified for. It’s difficult to get replies at first because some companies aren’t interested in sponsoring, but if you send out enough, you’ll eventually find companies that are happy to sponsor and will offer you interesting opportunities. It’s good to make sure you have a concise CV with all relevant experience as well as a few extracurriculars to show that you have outside interests as well. Good luck!

  86. preet March 5, 2014 at 11:11 am

    hi my employer sponsered me for 457 visa in feb 2012 from the coffee club restayrant but my employer sold his business dec 2012 then new employer bought that same coffee club and he sponser me ,new sposer and nomination approved in april 2013 so my new contract start april 2013 and it will finish april 2015 but my visa finish feb 2015 so do i need to extend my visa only or i have to go through all process,i have other question was it possible to extend my visa same time when my new employer sponser me thanks

    • Kristin April 1, 2014 at 6:53 pm

      Hi Preet, unfortunately it’s not possible to extend your visa — to continue working, even in the same role, you will have to apply for a new 457 visa. It sucks that you have to do that for 2 months, but that’s the process you have to go through. I had to apply for a new 457 visa just to cover 1 day between the end of my visa and my eligibility for permanent residency!

  87. ravi March 17, 2014 at 8:54 pm

    Hi kristin,

    I have been holding 457 visa for last 3 years. I want apply for my PR (visa class 189). ANZSCO code for getting visa was ict business analyst.
    Can I apply for the PR in some other code like accountant? Nature of my work is closely related to accountant as well.

    Please advice

    • Kristin April 1, 2014 at 6:26 pm

      Hi Ravi, as far as I know, you have to apply for PR with the same ANZSCO code you used on your 457 application. I’d recommend clarifying that with immigration before you change the code on your 189 application, especially since you don’t want it to get rejected on such a technicality!

  88. rachel March 27, 2014 at 8:04 pm

    Hi
    thanks for this article
    I was wondering if you might be able to help me

    Our current 457 visa has expired we are leaving Australia in 2 weeks but will be making another 457 visa application for the same job outside the country.

    Can we claim the super ann and tax back even though we will be coming back to Australia at some point ? will we have to get a new TFN ?

    Thanks for your help 🙂 your post was very helpful

    • Kristin April 1, 2014 at 6:17 pm

      Hi Rachel, sorry, but I don’t actually know if you can claim your super back if you’re planning on coming back in (and if you have a pending visa application as well). That would definitely be a question you’d have to ask of the super company or immigration.

      As for tax, it should work out the same as all of your work will be done as a resident for tax purposes anyway. You’ll probably end up getting a bit more back since the rate your employer taxed you at probably will have been too much since you’ve only worked part of the year.

      You will be able to work on the same TFN regardless of how many times you’ve swapped visas. I’ve been on the same TFN across 5 different visas and now citizenship.

  89. samantha March 29, 2014 at 3:18 pm

    Hi Kristin,

    Thanks for the great post! I’m looking for a job opportunity in Australia. Would like to explain bit of my situation right now :
    1) Looking for a job opportunities in Australia
    2) Living for husband + wife (pregnant)

    Would like to seek for some advice. Can we apply the work permit without having any job offered from any company yet? or can we just apply for the working holiday visa? Thanks!

    • Kristin April 1, 2014 at 6:21 pm

      Hi Samantha, unfortunately you can only apply for the 457 work permit once you have an offer from a potential sponsor. Otherwise you can enter as a working holiday maker for 1 year (or two, if you pick fruit in a rural region). However, if you are pregnant (which I can’t quite understand if you are or not from the wording in your comment), this will cause an issue with the working holiday visa, as it states that you cannot be accompanied by dependent children while on the visa. In that case, I highly recommend you get professional advice as you could end up in the country on the incorrect visa and be barred from further entry if found out.

  90. sam April 3, 2014 at 9:05 pm

    Hi kristin,
    I got a bit different situation here. I am currently on 457 visa from 14 month but my employer wants to change the company name and ABN number soon. Is this will effect my current 457 visa or do i have to apply for another 457 visa with different company name and abn. Do i have to notify immigration about this changes?
    Please advice

    • Kristin April 6, 2014 at 9:15 pm

      Hi Sam, unfortunately I don’t know the answer to your questions. Since your employer’s name will no longer match the name that sponsored your visa I highly advise that you discuss this situation with immigration so you don’t end up in violation of your visa. Hopefully it will be a change on their side rather than more paperwork for you. Good luck!

  91. LOKESH April 14, 2014 at 1:23 pm

    hi kristen

    I have applied to Vissasimply for migration to australia. But the migration
    office has not proceeded with the filing of the RPL form which has delayed the process.I have asked for a refund as their approach is totally unprofessional and have not responsed to my mails and queries regarding the progress of my case. I have not received the refund from them.I dont know what to do.Please help me as to whom to approach and how to go about getting a refund so that I can change my agent

    • Kristin April 15, 2014 at 5:13 pm

      Hi Lokesh, I’m not sure I really understand what you’ve done, but I believe what you’re saying is that you’ve hired a migration agent and they haven’t done as they promised? Unfortunately, if that’s the case, I can’t help you. You may be able to call immigration and find out if there are any avenues you can take, ie any governmental bodies that regulate migration agents.

  92. Abha April 26, 2014 at 4:14 pm

    Hello Kristin,

    I have a 457 visa sponsored by employer A and my husband has a 457 visa sponsored by employer B.
    My husband’s employment with employer B is going to end.

    Can I transfer his primary visa to my visa as dependent.
    What will be the process for that.

    Thank you.
    Abha

    • Kristin April 29, 2014 at 5:09 pm

      Hi Abha, as far as I know you cannot transfer someone from one 457 visa to be dependent on another person’s. As I understand it, you would have to apply for him to be a dependent on your visa and he would go onto a bridging visa in the meantime. However, you definitely need to clarify this with immigration prior to commencing all of the paperwork.

  93. Saurabh April 27, 2014 at 12:27 am

    Hi Kristin

    would you be able to direct me to the appropriate web page link where working condition rules for a 457 dependent can be found if any.

    Also I would appreciate if you can help me to get answer for below scenario-

    I am a main 457 Visa holder sponsored by an India based Company and currently working in Australia. My wife is having 457 dependent Visa working in Australia for some another company.

    Question — If I travel back to India at end of my Australian assignment and keeps on working for my sponsor company back in India, Can my wife stay in Australia and continue with her Job till the validity of her dependent Visa?

    • Kristin April 29, 2014 at 5:08 pm

      Hi Saurabh, the best page I can find that clarifies dependent work rights is http://www.immi.gov.au/media/fact-sheets/48b-temporary-business-visa.htm. A more thorough search of the immigration website might be able to yield more results.

      Unfortunately, if you leave the country your company is required to let the government know that you are not working in Australia and as such your visa would cease. In this case, your wife’s dependent visa would cease as well. This is something you should definitely discuss with immigration or a migration lawyer though.

  94. Sudheesh May 5, 2014 at 1:15 pm

    Hi
    I am Sudheesh, working here in 457 visa. My visa will expire on june30th. How many days before should i apply for the visa again?
    Also i have to go to India for 3 weeks and will be back on June 15th. In that case there will be only 2 weeks gap before the expiry of visa

    please give me your advice on this

    thanks and regards
    Sudheesh

    • Kristin May 10, 2014 at 10:29 pm

      Hi Sudheesh, you’ll need to make sure that you apply for the visa with enough time so you can be granted your bridging visa before your current visa runs out. I’d recommend doing this at least a few weeks prior to your visa expiry date to account for any technical issues immigration may have; otherwise you may be cutting it a bit fine, even if it is an issue on immigration’s end. Technically, if you’ve applied for another visa, you get put on a bridging visa, so I’m not sure whether you would have to apply for a bridging visa B if you applied prior to leaving the country. I think it’s best that you call immigration and verify with them that it will be ok to put in the application after returning. Good luck!

  95. Marc May 5, 2014 at 8:25 pm

    Hi Kristin,

    great article and great collection of comments. May I ask you a question as well 🙂

    I would very much like to run a business on the side while I am on my 457 waiting for my PR. It seams that this is not allowed but…

    What if my business is not based in Australia. Do you think this would still count as a second job if I run a business in Europe?

    Or what if my wife (dependend on my 457) runs the business in Australia under her name and I am just helping out?

    Cheers,
    Marc

    • Kristin May 10, 2014 at 10:24 pm

      Hi Marc, unfortunately I don’t feel comfortable offering advice on this as it’s a bit of a grey area. If your wife is on a dependent 457 visa she is allowed to run a business in Australia, but I really don’t know how much you’d be allowed to help before it would be considered to be clashing with your visa restrictions. I think your best option here is to engage the services of a migration lawyer who will know much more about the intricacies of the law. Sorry I can’t help further!

  96. Poonam May 6, 2014 at 9:26 pm

    Hi,

    I have my dependent spouse UC457 visa. Can I convert it into WP UC457 independent visa from outside of Australia? How much time does it take for this conversion?

    And will this be called a conversion of Visa or a fresh application will have to be put, if I am currently not in Australia?

    Could you please respond on my email?

    This is pretty urgent 🙁

    Thanks,
    Poonam

    • Kristin May 10, 2014 at 10:22 pm

      Hi Poonam, as you have indicated that your issue is pretty urgent I highly advise that you either engage a migration lawyer or you discuss your case with immigration immediately, especially as you will need to start the application process for a new 457 visa of your own. Good luck!

  97. Sarah May 14, 2014 at 7:48 pm

    Hi Kristen,

    Hope you are well. My case is somewhat different. I got my 457 visa on 6 Sept 2012. I came to my home country for a holiday in Dec 2013 and worked online for a few hours every week (not full-time). Due to some personal reasons, I ended up staying back in my home country and it’s been 5 months that I am here now. My employer gave me this special leave and asked me to come back when I can. My visa was for 2 years and it is expiring this year in September. I want to get it renewed but due to some personal reasons, I can only go permanently to Australia in Jan 2015. However, we have an important meeting coming up in June and my employer has asked me to come for three weeks in June. So can I visit Australia on my current visa and then let it expire. My employer will nominate me again in Jan 2015 so that I can live permanently in Australia. Will my previous time with the same employer count when I apply for my PR later in 2015? And is it okay to travel on this visa in June? Your help is much appreciated.

    Thanks in advance,
    Sarah

    • Dlakshman December 18, 2014 at 9:14 pm

      Hi Sarah,

      Was this query of your answered? i am also in a similar situation and i am looking out for answers. But in my case i resigned my job and came home but my employer would like to have me back.

  98. Saby May 18, 2014 at 3:31 am

    Hi Kristen – Thanks for this great post. Its really helpful.

    But there is one point that I am a little confused on:

    Lets say I have a 457 visa and I start working for the employer in australia. Meanwhile I find a new employer who is ready to transfer my 457.When this new employer initiates my 457 transfer, can I still work for the previous employer since I might still have to serve a notice period from the date of my resignation? Ideally, till the time the transfer is granted, I should be able to work with my previous employer. Is that correct?How should I manage this transition without violating 457 regulation.

    • Kristin May 23, 2014 at 7:28 am

      Hi Saby, I think this is something you should definitely get clarified with immigration as you do not want to end up in violation of your 457 obligations and possibly lose your visa. You can call them anonymously and they should be able to answer this fairly quickly. As far as I know, you can work with your previous employer once the transfer has been initiated, but as soon as the transfer is approved, you would no longer be allowed to work for the previous employer, even if it is to serve out your notice period. It sounds like you could end up burning some bridges at the previous job by doing this though.

  99. Preet May 31, 2014 at 5:45 pm

    Hi dear,
    I am on 457 visa and want to travel to my country for 3 months.
    My emplyer has bo problem with this.

    But i have a question, i have unpaid leave approval from my emplyer for 3 months. And i will start again after coming back.
    Now, can i go on unpaid leave or it only should be paid?
    Because 3 months leave can’t be paid by my employer.

    • Kristin June 3, 2014 at 8:12 pm

      Hi Preet, the way it worked when I was on the 457 visa back in 2010 was that I could take unpaid leave, but my actual earnings for the year could not dip below the minimum salary level for my profession. The rules around salary levels have changed, but I believe it’s still measured by a “fair market rate” for your occupation. I’d call immigration and have a chat about whether you can have a significantly smaller salary than contracted even if you are still employed — you can make the call anonymously without giving them personal details as well.

  100. Nurul June 1, 2014 at 7:07 pm

    Dear Kristin,
    How are you. First I would like to say thank you very much for helping to other people from your blog. After going through your blog i thought I will get back answer for my question. I’M dentist by profession from India, right now I’m in Saudi Arabia (from 3 years).Recently I got offer for dentist position in NSW Australia through 457 visa. Can I eligible to practice in Australia without getting licence from Australia. I hope i will get response from your end.
    Thanks and regards
    Dr. Nurul
    [email protected]

  101. Darren June 3, 2014 at 11:42 am

    Hi Kristin. Hopefully a simple question, am I able to study part time whilst on a 457 Visa?

    • Kristin June 3, 2014 at 8:06 pm

      Hi Darren. As far as I know, you can study while on a 457 visa — as long as you keep working full time as per your contract! I highly recommend you call up immigration and get official verification of that before enrolling though, since I can’t see anywhere on the website that says you can or can’t do it (it just talks about dependents). It’s also good to keep in mine that you’ll have to pay international student fees.

  102. Bhavin June 5, 2014 at 11:35 pm

    Hey Kristin,

    I am in India and got my employer sponsor me a 457. However, I am not sure how soon i might travel. Is there a validity in terms of entry date by which you gotta enter Australia? Like for a PR, we need to get the passport stamped with the first entry within 6 months period. Is there something similar existing for 457?

    thanks,
    Bhavin

    • Kristin July 8, 2014 at 9:09 pm

      Hi Bhavin, unfortunately I haven’t been able to find the answer to your question. I recommend calling immigration and finding out the exact timeframe around this — you don’t want to go through the effort of applying for a 457 and then miss out on the benefits! Good luck.

  103. Jason Wu June 24, 2014 at 3:36 pm

    Hello i am in China at the moment i have a friend in Australia who works in a school and i am planning to go there to study farming this will take three years and after i graduate from that school i will find an employer that will offer me a job offer and i am told that after i have finish working for him i am able to apply for residency in Australia is this true Thank you!

    • Kristin July 3, 2014 at 7:52 am

      Hi Jason, unfortunately there are a lot of ‘ifs’ in that statement so I don’t feel comfortable telling you that residency will or will not happen. The route that this page describes is working for an employer in a sponsored job — one that is listed as necessary by the Australian government — and after 2 years they can sponsor you for permanent residency. There are other routes as well but it really depends on what visa you arrive on and what you do once you’re here.

  104. Aminkrj July 1, 2014 at 6:40 pm

    Hi Kristin,
    I am here with 457 for three month I am working as a software developer here. While I am working permanently for my main employer I registered a business (sole trader) and worked part time in my spare time. I got paid by them about 2000 aud. As you mentioned it may put my visa at risk. What should i do now? I am going to apply for permanent residency and I don’t want to make it at risk. Any advise?

    • Kristin July 3, 2014 at 7:50 am

      Hi Aminkrj, unfortunately this is a very grey area that I do not feel comfortable giving advice on. I recommend you seek out a lawyer specialising in immigration to find out what your options are. Good luck!

  105. RS July 7, 2014 at 2:10 pm

    Hi,

    I am an Indian and work with a top Indian IT services company in India.. My employer is in the process of filing a 457 work visa for me.. I plan to move to Melbourne by September 2014 along with my wife who is currently not working and does not plan to work for next few years.. We figured out today that she is pregnant.. Will her being pregnant be a show stopper in she getting a Dependant 457 visa?

    Any help in form of a quick response would be highly appreciated..

    Thanks

    RS

    • Kristin July 8, 2014 at 9:05 pm

      Hi RS, as far as I know, your wife being pregnant should not be a showstopper for getting a dependent visa. However, I would definitely confirm that with immigration before proceeding with the application as they do not refund application fees after they have been paid if they find an issue with the application.

      In addition, I would really consider the cost of having a baby in Australia. As you are not from a country with a reciprocal healthcare agreement, you won’t be eligible for public healthcare, and as she is pregnant prior to arriving in Australia, it may not be covered by any insurance you take out as part of your visa. Therefore, you may have to pay quite a bit for private healthcare for her and the baby.

      Good luck and I hope you’re able to work everything out!

  106. Bobby July 12, 2014 at 1:20 am

    Hi Kristin,

    Thanks for your Temporary visa review that was very useful for me. I just granted TR a couple weeks ago. At the time I launched my application I used Australian Unity health insurance I paid in monthly and this insurance can be cancelled anytime. I want to know that is it possible to cancel this health insurance in order to reduce my expense, the health insurance was very expensive. Does it effect to my TR visa which has just granted ??. My visa condition mentioned in the Immigration letter is 8501-Maintain Health Insurance.

    Thanks,
    Bobby

    • Kristin July 13, 2014 at 12:07 pm

      Hi Bobby, as I stated in this post, “It may be tempting to get rid of this expense once you’ve successfully applied for your visa, but the health insurance company will notify the government as soon as your policy becomes non-457-compliant.” That means that if you cancel your health insurance, you are at risk of losing your visa. I know it would be nice to save the expense, but unfortunately it’s just not allowed.

  107. Dinesh July 15, 2014 at 4:36 pm

    Hi Kristin,
    Thanks for your above post. I have a query here. How much will it cost to a sponser (Australian employer) to get my subclass 457 work permit transferred from my previous employer?

    • Kristin July 21, 2014 at 9:08 pm

      Hi Dinesh, I believe that the cost to your new sponsor for transferring the visa is the same as the cost of sponsoring you in the first place; however, I haven’t been able to verify this through the immigration website so I would highly recommend calling up the office to get the official answer. Good luck!

  108. Danny July 27, 2014 at 10:29 pm

    Hi Kristin,
    I just wanted to ask one question.
    I am holding a 457 visa. If I change my company for another one( transfer my 457 visa). Do I need to be with that company for another two years before applying for PR or do I need to be with that company for the time left of those two years before applying for PR?
    Thank you in advance

    • Kristin July 29, 2014 at 12:06 pm

      Hi Danny, you should not need to be with that company for another 2 years. The amount of time accrued on all 457 visas counts towards permanent residency — with the condition that all of the visas were issued with the same ANZSCO code. However, if your new employer applies for a job with a different ANZSCO code — even if the job is very similar — the 2 years restarts. Therefore, it really pays to make sure you know exactly what they are putting on their nomination forms!

  109. Yogi August 8, 2014 at 12:58 pm

    Hi Kristin, I would like to find out if my partner is on a student visa and I get a sponsorer who is ready to give me a work visa can she also switch to the same visa rather being on a student visa or are there any complications ?

    • Kristin August 10, 2014 at 4:25 pm

      Hi Yogi, I definitely recommend calling immigration or consulting a migration lawyer around this topic just to make absolutely certain that your partner will be able to stay in the country during this process/that it won’t disrupt her university courses. As far as I know, it should be possible for her to apply as a dependent on your visa, which will put her on a bridging visa with the same work/study permissions as her previous visa (the student visa).

  110. Venkat August 11, 2014 at 5:05 am

    Hi Kristin,

    I have nearly 4 years of experience in Windows Server & VMware
    administration. I want to migrate to Australia. Is it advisable to apply for a PR without a job in hand, and migrate to Australia, and then search for a job in Australia

    (or)

    Get a Temporary work visa sponsored by Australian company which will be valid for 2 years and then apply for PR after completing 2 years.

    I am confused to go for a PR or Temporary work visa as I am not sure about the job market in Australia for my profile.

    Please advise..

    Thanks,
    Venkat

    • Kristin August 20, 2014 at 2:06 pm

      Hi Venkat, unfortunately I feel like it will be difficult to apply for PR straight off the bat if you only have 4 years experience, since you have to pass skills tests that often have an experience requirement. Usually the two routes you can go through (general skilled migration or the 457 sponsored work visa) involve temporary residency prior to permanent residency. However, it sounds like you can apply directly for PR through SkillSelect — more information can be found at http://www.immi.gov.au/Visas/Pages/189.aspx.

      There is definitely a job market in Australia for system administrators, and you may be able to find sponsored work. However, I can’t offer any advice further than that. I definitely recommend engaging a migration agent that can give you all the possible options based on your exact profile. Good luck and I hope it all works out!

  111. Anna August 11, 2014 at 1:47 pm

    Hi Kristin,

    Is there anyway a dependent 457 visa holder can apply for a Permanent Residency in Australia?

    My husband is the primary 457 visa and I am dependent to his visa. He’s already 57 years old, therefore he’s not eligible to apply for a PR, as the cut off age is 50.

    I have a full time job at the moment. We have two kids that are also on a dependent 457 visa like me but does not live with us, as we can’t afford their education here in Australia.

    Our only hope of getting them here and study is for me to get a Permanent Residency Visa.

    Hope you can shed a light to our situation.

    Thanks in Advance.

    Anna

    • Kristin August 14, 2014 at 9:42 pm

      Hi Anna, I think this is definitely a situation where you need to contact a migration agent to discuss your options, as I don’t really know what the options are for a dependent visa holder. I’d also check to see if your occupation is on the Skilled Occupation List as it may be an option to apply for general skilled migration. Good luck and I hope it works out that you can stay in Australia!

  112. S Goel August 14, 2014 at 2:21 am

    Hi, I am travelling to Australia on 457 for 5 weeks. I will be paid salary over there. Am I eligible for tax or any other deduction like (superannuation or medical) if my income for those 5 weeks is close to 10K AUD?

    • Kristin August 14, 2014 at 9:39 pm

      Hi S Goel, as you will be on a salary here you will be eligible for tax. Usually as a 457 visa holder you will be a resident for tax purposes, which decreases your tax rate, but if you are only working here for 5 weeks you may get taxed as a non-resident for tax purposes. When you do your tax return, you can fill out a form that proves you are ineligible for Medicare so you can get the Medicare levy (which is usually taken out of your paycheck) back. Your employer is also required to pay super (9.5%) into an account of your choosing — but this is on top of your normal paycheck. If you are a temporary resident and you leave Australia permanently, you are able to claim this super back.

  113. Sunanda August 15, 2014 at 2:40 am

    Hi Kristin,

    First of all let me thank you for sharing so much information about 457.
    I too have a query for you. I hold subclass UC 457 and my husband holds dependent 457. We both have job offers in Australia.

    Our problem is that my husband’s work start date is 2 months prior to my work start date. Can my husband start his job before I do? Does the grace visa period of 90 days applicable in this case?

    Thanks,
    Sunanda

    • Kristin August 20, 2014 at 2:01 pm

      Hi Sunanda, unfortunately I can’t answer that question — hopefully you’ve been able to talk to either a migration lawyer or immigration to find out the answer to this. I believe that once you’ve entered the country you have to be employed and your tax return would show that you did not earn the expected amount of money from when you entered the country. In addition, I know that the visa grace period of 90 days is only at the end of the visa (ie when you’ve finished one job and are looking for another). Good luck and I hope it all works out!

  114. Bhavin August 20, 2014 at 10:55 pm

    Information Update
    ——————

    It was 2 months already in my home country after my employer processed my 457 WP and there was lot of floating information (but nothing concrete) regarding the first entry into Australia to ensure the visa validity throughout (in my case, 4 years). There is this 90 days rule which was somehow getting misinterpreted that we ought to be in australia within 90 days of approval date.

    I went through several checks including my organization’s australia HR/operations department, forums and immigration and got to know that while there is nothing on paper stating a strict 90 days rule, you are expected to travel within 3-6 months of window to avoid any cancellation due to non-usage.

    This information is expected to be genuine since it comes from trust worthy resources however, any one following this forum should probably share their experiences if any.

    • Kristin August 21, 2014 at 5:16 pm

      Hi Bhavin, thanks very much for sharing that — it’s one question I really did not know the answer to. Hopefully that helps to clear things up although I still always recommend getting official word from immigration as well. I hope your stay in Australia is a good one!

  115. Sahil August 24, 2014 at 8:07 pm

    Hi Kristin,
    I need some information.
    I was granted 457 visa in AUG 2011 (valid until AUG 2015). I came to Australia thereafter and started working. Unfortunately back home in India there was some health issues in my family due to which I came back in SEP 2011 to assist my family. After few days I took the decision to stay back here in India and informed my employer by email, he also accepted it and wished me luck. I found new job in India and since then working here.
    Now its been 3 years and things are fine here.
    Now my question is that can I come back, is my Visa still valid, if no can it be revived, if yes then will it be extended after AUG 2015, is it worth approaching my employer again, will he be able to do something.
    Or is it that whole process is to be repeated. Kindly guide. Thanks

    • Kristin August 24, 2014 at 8:26 pm

      Hi Sahil, unfortunately after that period of time your visa will have expired. Once you have notified your employer that you are leaving, they tell immigration, who then put you on a 90 day grace period to find another job. It’s up to you whether you approach your employer again — I guess that depends on whether you feel like they would be happy to have you back after you left the first time. Otherwise you’ll need to go through the same sponsorship process with a different employer. Good luck and I hope it all works out!

  116. Sahil August 25, 2014 at 6:34 pm

    Thanks for the information. Just to reconfirm if I approach my employer again he will still have to redo the sponsorship process again, correct?

    • Kristin August 25, 2014 at 7:40 pm

      Hi Sahil, yes, that’s correct — your employer will have to go through the process again. Depending on how long their ability to be sponsors (in general, not just for you) was approved for, they may have to apply for that again; otherwise they will just have to go through the nomination process again.

  117. Amit August 29, 2014 at 8:00 pm

    Hi Kristin,

    Great to see you resolving the queries of numerous people. I too have a query for you 😉 . I am based out of India currently and I hold a valid dependent 457 visa . My wife will be travelling to Australia in first week of Sep . I have lodged 189 visa (PR) on 25th August and I believe it will take couple of months for the grant. My question is if I accompany my wife as a dependent on 457 visa and then if a situation arises wherein my spouse has to leave Australia in say next 2 months for some time (project based) , will I be able to live and work in Australia as my 189 is in process? Should I wait for my 189 to be granted and then make a move to Australia? I am little confused about it.
    In worst case if my 189 visa takes 6-7 months to be granted , then what is the option left for me if I choose to accompany my wife in September? Your guidance will be really helpful.

    Cheers,
    Amit

    • Kristin December 17, 2014 at 10:49 am

      Hi Amit, many apologies — I must have missed this comment when you initially posted it. I hope you were able to get your situation sorted and that your 189 has been granted by now!

  118. Chitrangi September 2, 2014 at 11:14 am

    Hi Kristin, My husband is the primary 457 visa holder and has got a job offer from New Zealand. I have read on other forums that he cannot work in NZ unless he has a work permit of NZ. Looking at your response, it looks like you have good knowledge of visa constraints.

    Would you please be able to advise if he can work in NZ on Australian 457 work permit VISA ?

    Thanks,
    Chitrangi

    • Kristin September 2, 2014 at 7:57 pm

      Hi Chitrangi, unfortunately the other forums are correct. An Australian working visa is not valid in New Zealand; it is only once you get permanent residency that it is valid across both countries. If he wants to work in New Zealand, he will have to go through the appropriate avenues to acquire a visa there.

  119. Gabby September 3, 2014 at 12:00 am

    Hi Kristin,
    I hope you can help me , I’m currently have temporary working visa 457 but apparently my employer doesn’t allow us to bring our family .But as a 457 holder you are allowed to do so. Is there any way I can bring my wife here? Hope you can help with my problem and who I can talked to.

    • Kristin September 5, 2014 at 7:21 am

      Hi Gabby, that sounds like an issue you definitely need to discuss with a migration agent. The employer is taking a certain level of risk by sponsoring someone, but I haven’t heard of them outright refusing to let you bring your family — after all, I would have thought you’d be much more productive at work if you weren’t worrying about what was going to happen to your family. I think you really need to find out what your legal options are and possibly find another employer that won’t kick up so much of a fuss.

  120. Flo September 3, 2014 at 3:12 pm

    Hi Kirsten,
    You appear to be the fountain of all knowledge re: 457 visas! I have one with 3.5 years left on it, next year I am planning on going travelling for 6-9 months to do some voluntary work abroad (as a nurse). I have spoken with my employers who have said they are happy to keep me on, using up all of my annual leave and letting me take leave without pay, as they know how beneficial this will be to my professional experience.
    My question is – do you know if Australian immigration have a maximum time you can leave the country whilst on a 457 visa? ie: do you think I will have trouble when trying to return to the country after my travels? Bearing in mind I will be returning to my employers who sponsored me for my visa, and technically I am still under contract to them.
    Thanks
    Flo

    • Kristin October 1, 2014 at 1:41 pm

      Hi Flo! Many apologies for not replying sooner — your question was a bit of a difficult one to answer and then it got a bit lost under the other requests. Anyway, I wish I was the fountain of all knowledge regarding 457s — I know quite a bit from my experience and even more from what people share here, but it seems like it’s not always enough!

      Unfortunately I can’t find any information regarding maximum leave times, but I know there is still a minimum salary level (the TSMIT described at https://www.immi.gov.au/skilled/increase-income-threshold.htm) which could be an issue. I wasn’t able to take unpaid leave for the first year of my job because I was employed at the minimum salary level, and as such, if I took any unpaid leave I would drop under that threshold and technically be in breach of my visa conditions. Therefore, I think it’s definitely worthwhile calling immigration (if you haven’t already) and discussing this situation with them. There may be exceptions to the income rule if your company has given you a contract and agreed to the time out of the country, but unfortunately I don’t know if that’s the case.

      Good luck and I really hope this works out for you — your plans sound great and it’d be a shame for the visa to hold you back.

  121. yoori September 4, 2014 at 8:20 pm

    Hi kristin.
    I was just wondering, will I still get 90 days(instead of 28) to look for another sponsor after i cease the employment with my current employer even though my 457 visa was granted before 01/07/13?

    • Kristin September 5, 2014 at 7:19 am

      Hi Yoori, unfortunately I don’t know whether the 28 day limit applies to people that had their visa granted before the date that the rules changed. I would definitely call up immigration (you can do this anonymously) and get the official word on it just to be safe.

  122. Susan September 10, 2014 at 8:17 pm

    Hi, thank you for doing your blog it is very useful. My husband and I have a 457 visas. My husband is the primary applicant, and the sponsoring employer is my husband’s employer. I have been employed in a full time position but to take a promoted position, I will be working between employers. I am allowed to this given that I am not the primary applicant/employed by the sponsoring employer.

    Thank you for your time, Susan

    • Kristin September 21, 2014 at 10:50 am

      Hi Susan, glad to hear that things are going well here in Australia! In my eyes, dependents on 457 visas definitely have the better situation job-wise since they can work wherever they want (provided their partner is still employed by their sponsoring company).

      • Sabreena October 26, 2014 at 7:35 pm

        May I apply for PR if I am a dependent on a 457 visa?

        • Kristin November 2, 2014 at 8:41 am

          Hi Sabreena, as a dependent on a 457 visa you can be included as a dependent on a permanent residency application by your partner. Once this is approved, you will both be permanent residents.

  123. Danilo Carvalho September 10, 2014 at 11:19 pm

    I have been on a 457 working Visa for three years long and recently I got married. My wife’s Visa is going to expire soon, so we wish that she could be associated to my Visa under my responsibility. Is it that possible? If yes, How could we do it?
    Best Regards,
    Danilo

    • Kristin September 21, 2014 at 10:49 am

      Hi Danilo, apologies for not replying sooner. As long as your wife’s current visa does not have a ‘no further stay’ condition on it, you should be able to apply for her as a dependent. I’d make sure you verify this with immigration or a migration lawyer prior to doing the application, as you’ll need the bridging visa from that application to keep her in the country after her current visa expires and you don’t want anything to go wrong at the last minute. Good luck!

  124. Hathor September 17, 2014 at 2:44 pm

    Hi Kristin, I am on my way to be granted a 457 visa ,still waiting for the final word from immigration . All my papers are ok and the nomination process went well. While I am waiting for the grant of my 457 visa , another employer , who is governmental hospital , is offering me a position which is more preferable to me than my current employer offering , my question is , am I able to apologise to my current sponsor and shift to the other , much powerful sponsor ? How can I do that?

    • Kristin September 20, 2014 at 3:51 pm

      Hi Hathor, unfortunately I think you need to engage a migration agent or place a call to immigration to find out the answer to this. As far as I know, you will probably have to cancel the initial visa application (losing any money involved with that visa) and then start the process again with the new sponsor. However, as I said, I would get this verified as there may be another way to go about this that I don’t know about.

  125. Hatem September 18, 2014 at 2:21 pm

    Hi Kristin,
    I am on my way to issue 457 visa with a sponsor who nominated me before, but while am waiting for the visa to be issued , another sponsor offered me a better job in another area . My question is , am I able to wait for my visa to be issued and then ask the second sponsor to nominate me and then work with him rather than with my original first sponsor?
    Regards,
    Hatem

    • Kristin September 20, 2014 at 3:53 pm

      Hi Hatem, either you have asked the exact same question as Hathor above or you are the same person. Either way, please see my reply to him for your answer.

  126. Hatem September 20, 2014 at 9:37 pm

    Hi Kristin,
    Would you please double check for us regarding the change of the sponsor prior to issuing 457 visa?
    Should I wait for the visa to be issued and while I am starting working with him , I apologize and ask the other sponsor to nominate me?
    Your help is highly appreciated.
    Hatem

    • Kristin September 21, 2014 at 10:43 am

      Hi Hatem, unfortunately I cannot double check for you as I am simply a person that has gone through the visa process myself and shared the information — not a migration lawyer. You will need to get in contact with one or call immigration yourself to verify what the process will be if you decide to change sponsors prior to the visa being issued. I would be very careful as you do not want to upset your current sponsor and cause them to terminate the visa process either. More information on how to contact the immigration office can be found at http://www.immi.gov.au/Help/Locations/Pages/our-offices.aspx.

  127. kavya September 21, 2014 at 12:23 am

    Hi,

    I would like move to austrila.I am married one and and half year back,i want to my M.S in austrila.my husband applied austrila visa but it was rejected two times in 2009.There may be any problem if i and my husband apply visa at same time.

    If there is a possibility to get my individual visa ,later my husband can come or not within next month with out any rejection?

    • Kristin September 21, 2014 at 10:45 am

      Hi Kavya, that’s a difficult situation that I don’t know the answer to. I would either engage a migration agent or talk to immigration about the previous rejections to find out if they had to do with not meeting the requirements of the visa or something else entirely. That should give you more information about whether he will be able to be a dependent on your visa. I would highly recommend allowing for more than 1 month between the start of the visa process and having one granted. Depending on the visa, it can take significantly longer than that to complete the process.

  128. samip September 21, 2014 at 12:42 pm

    hi Kristin,
    i’m holding a 457 visa since dec 2013. Recently, my wife 457 dependent visa was refused because of her non compliance of previous visa (student). she had a 3 year entry ban .
    i just wanted to know that does she need to wait for 3 years to reapply or can she simply reapply after i get my Permanent Residency? what are the chances?
    thank you

    • Kristin September 22, 2014 at 7:28 am

      Hi Samip, this is definitely something you’ll need to take up with a migration lawyer as I don’t have any experience in this field. However, I do know that Australia takes visa non-compliance very seriously so you will be facing an uphill battle to try to get her back into the country before her ban is up (if it’s even possible at all). Good luck!

  129. charan September 21, 2014 at 1:10 pm

    Hi Kristin,
    Before I ask u anything i would first like to appreciate your efforts in maintaining this awesome website I ever came across.I searched many websites for information related to immigration Australia but all the content was scattered and I never found anyone who cared to reply for any queries.Thank u Kristin.keep going……I am from India aged 21.I recently graduated from university in civil engineering.I planned to come to Australia for Masters but changed my plan.I took IELTS(Academic) and got overall band 7.5(reading-8.5,Listening-8,speaking-7,writing-7). Right now, I joined a construction firm as a junior Engineer and working here from past 6 months.My ultimate aim is to get Australian PR.I am confident of getting band 8 in IELTS(General). I am planning to gain 3 years experience as an engineer and then get a job in Australia and move there.Is this practically possible? and please advice me on how to plan my career if I want to work and settle in Australia(I don’t want to study further). Waiting for your valuable reply.Thank u Kristin…….

    • Kristin October 1, 2014 at 1:30 pm

      Hi Charan, as civil engineering is an occupation on the CSOL list (https://www.immi.gov.au/Work/Pages/skilled-occupations-lists/csol.aspx — a list that shows all occupations that can be sponsored for 457 visas), I believe you have a chance of getting work in Australia. Getting experience is definitely useful — I was able to get sponsored without experience, but it’s usually an easier interview process if you do have experience — so that’s a good idea. I don’t know the particular job climate for civil engineers at the moment (it’s worth reviewing that before you make any big decisions), but it sounds like you’re making the right steps towards being able to move here long term. Good luck with it!

  130. Rogel Rara September 25, 2014 at 12:35 pm

    Hi Kristin,

    I am holding a 457 visa here and I have a plan to visit my family in NZ later. My wife’s NZ working visa have just been approved last month and she will move there by next month with my 2 kids. Now, I would like to know what are the requirements or arrangements i should make here if i will visit them there later?

    Thanks and hoping for your favorable response.

    • Kristin September 27, 2014 at 4:41 pm

      Hi Rogel, how long are you planning on visiting them for? As long as you spend less than 3 months in NZ (and you aren’t working), you can usually enter on a three-month tourist visa. I’d recommend checking the rules for people coming from your country as they may be different.

      • Rogel September 28, 2014 at 9:08 am

        Hi Kristin,
        I will be there for 3 weeks only. I will depart and go back here in Perth during that time. So, I should apply a tourist visa then, meaning 457 visa would not allow/exempt me of going straight to NZ right? Thanks

        • Kristin September 30, 2014 at 6:51 pm

          Hi Rogel, depending on which country you are from, you should be able to be issued a 3 month visa (6 months for UK citizens) on arrival in NZ rather than having to apply for a visa beforehand. The list of visa-free countries is available at http://glossary.immigration.govt.nz/visafreecountries.htm. The 457 visa does not grant you any special rights to entry to NZ.

      • sam September 29, 2014 at 7:16 pm

        Hi Kristine,

        I am currently holding 457 visa. I was just wondering to visit my family overseas! would you mind letting me know that for how long can I stay there in one stay!

        Many Thanks
        Sam

        • Kristin September 30, 2014 at 6:55 pm

          Hi Sam, as far as I know the limit is the length your employer will let you have leave for while still being employed by them. The annual leave entitlement is generally 20 days and after that you’ll have to apply for unpaid leave. Please be aware of the minimum salary level (TSMIT, described at https://www.immi.gov.au/skilled/increase-income-threshold.htm) as it limited my unpaid leave days when I first started my job because I would have dropped under the income threshold for the year.

          As I recommend with everyone on this post, it’s worth a quick call to immigration to make sure there aren’t any specific limits.

  131. Sandy September 28, 2014 at 1:30 pm

    Hi Kristin,
    I have a query regarding 457 visa. I was on a student visa until yesterday that is 27/09/2014. I had applied for a student visa on 29/08/2014 and before the application was decided i convinced my employer to lodge a 457 visa which they did as well. After my 457 visa went in, I withdrew my student visa application that was pending decision. Now my question is, will my withdrawing that student visa application affect my 457 visa application. As it is 2 different application, I am not too sure, if it matters. Do you have any idea regarding this matter?

    • Kristin September 30, 2014 at 6:53 pm

      Hi Sandy, as far as I am aware, all prior applications are essentially withdrawn once you apply for a new visa anyway. This means that your 457 visa application should be fine but I would highly recommend calling immigration and verifying this. They should be able to tell you and it will stop you extensively overstaying your previous visa if something did happen to go wrong.

      • Sandy September 30, 2014 at 7:00 pm

        Thanks Kristin,
        Yeah i did call Immigration and I am fine. But they did tell me that if the visa application is different subclass it doesn’t automatically cancel, you do have to withdraw it yourself.
        Cheers.

        • Kristin October 1, 2014 at 12:41 pm

          Hi Sandy, good to hear that everything is fine! And thanks for letting me know what immigration said — that’s good to know.

  132. Vik October 2, 2014 at 12:31 pm

    Hi Kristin,

    Now this might be a bit confusing. I am in between changing jobs (on 457). My current employer may in all probability send out the end of employment notice to immigration by the 20th of Oct. The job I will take starts from the beginning of January. They may take their time to initiate the transfer but that should be fine as I have a 90 day window thanks to Rudd. However, within this window, am I allowed to exit and return to Australia, the tricky bit being that I may not have a sponsor within the travel dates?

    Thanks.

    Vik

    • Kristin October 2, 2014 at 9:08 pm

      Hi Vik, I think it’s a very iffy proposition trying to leave the country on your 457 visa if the new sponsor has not yet initiated the transfer. As far as I am aware (and as the rules stood when I had a 457), if the employer told immigration that you no longer worked for them and you left the country, your 457 ceased, meaning your new employer would have to start the whole process from scratch. This is definitely something you should verify with immigration (or a migration lawyer) since I worry that it may cause you problems. Good luck!

  133. Josu October 4, 2014 at 6:24 am

    Hi kristin, I left australia on 7 April 2014 because 3 years ban.I just want to ask you that when my ban over then I can apply visa again for Australia or not?I am chef and I really want to go back but some of fraud person .I am facing these problem.Plz guide me .thanx

    • Kristin October 6, 2014 at 7:24 pm

      Hi Josu, unfortunately I cannot advise you in this. I know Australia takes visa fraud very seriously so it may be difficult to come back, but you’ll need to consult a migration lawyer for any more advice. Sorry I can’t help.

  134. Suman October 6, 2014 at 12:21 am

    Hi kristin
    Its been 2 and half years that i m in 457 visa and now i m about to apply PR soon but my employer dont have sponsership letter , and the lawyer to whom i am going to talk she need sponsership letter from my employer before doing the process. In that situation , how can i/ my employer can find a sponsership letter or is ther any other chances that somebody can make it again? Or is there any chances that we can ask from the immigration officer which my employer submit when i had applied 457 ? Pleas advise me.
    Thank you
    Suman

    • Kristin October 8, 2014 at 7:33 am

      Hi Suman, unfortunately I don’t understand what you mean. What is the sponsorship letter? Do you mean the contract from the employer to say they will employ you for the correct period of time? Or the proof from immigration that they are allowed to be a sponsor? In any case, I believe it would be best to discuss this issue with immigration as they keep files from previous visa applications.

      • Suman bhattarai February 3, 2015 at 1:00 am

        Hi kristin,
        I am in457 visa and soon i am going to apply PR . What about if standard business sponsorship of business is experied? Does expiry of SBS effect my PR lodging process? Do my employer need to apply for renew it before i apply my permanent residency?
        Any answer related to standard business sponsorship approval expiry and its effect in PR lodging process will be appriciate .
        Thank you very much
        Suman bhattarai

        • Kristin February 7, 2015 at 9:27 am

          Hi Suman, yes, your employer needs to have a current standard business sponsorship approval to be able to sponsor you for permanent residency.

  135. Van October 7, 2014 at 9:27 pm

    Hi Kristin,

    Thank you for a great post and I gather lots of information from the questions and answers below!

    I have one question about studying part-time under this visa 457. I just started work but I plan to pursue a master degree on part time basis. Can I do so under this visa?

    Thanks!
    Van

    • Kristin October 8, 2014 at 7:31 am

      Hi Van! Glad to hear this post has been helpful to you. As for studying under the 457 visa, as far as I know, there are no restrictions on study — provided you can afford the international student fees and handle the pressure involved with working a full-time job and studying part-time. I think it would be a good idea to get this verified with immigration prior to paying your fees though! Good luck.

  136. Maheen October 15, 2014 at 11:15 am

    Hi,

    I am currently in the process of a 457 visa. It hasn’t been approved yet as I am still awaiting a response. The problem is my employer does not wish to renew their sponsorship agreement. Will this affect my 457 visa and my co-workers who are already on 457 Visa? I need to know asap.

    Thank you very much.

    • Kristin October 20, 2014 at 7:20 am

      Hi Maheen, when you say your employer does not want to renew your sponsorship agreement, do you mean they no longer want to sponsor you? If so, that will definitely affect your 457 visa. If they tell the government they no longer want to sponsor you, and are in effect making you redundant, then you will have to find another sponsor or leaving the country within 90 days.

  137. Bijoy October 20, 2014 at 4:48 am

    Hi
    Kristin

    Respected
    Sir/Madam

    I Bijoy Roy from shillong Meghalaya India wanted to go Australia for woking holiday visa 417 subclss but India is not eligable country i wanted to stay with my cousan brother in albury.Kindly Provide me Visa Subclass which will be suitable for me to work in Australia atleast for 12 or 24 months without sponser.
    Thanking you

    • Kristin October 20, 2014 at 7:21 am

      Hi Bijoy. Unfortunately since Indians are not eligible for the 417 visa, it is much more difficult to come over here and work for a period of 1-2 years. If you do not want to be sponsored, you will have to look into general skilled migration (depending on your profession). I also recommend contacting a migration lawyer to find out if there are any other options.

  138. Chanh October 21, 2014 at 5:57 pm

    Hi Kristin.

    I was on a 457 visa that was supposed to be renewed by my employer.

    Unfortunately, they forgot to do so and when we realised it (a couple of weeks after the end of the visa), we rushed to the immigration office to have the situation rectified. The compliance officer gave me a bridging visa D so both my employer and I can go online to reapply for a new 457 visa via the internet. This bridging visa lasts 7 days to give both my employer and I the time to do it. Is this the correct way to proceed?

    In login to my immiAccount I was able to import my previous file with the grant of the original 457 visa, however my employer could not import their former application information, is this normal.

    Thanks for your help on this matter!

    • Kristin November 5, 2014 at 8:47 pm

      Hi Chanh, apologies for not replying sooner. I hope you were able to get your visa situation sorted, and it’s good to hear that the immigration office let you and your employer get it sorted out with no other issues. Unfortunately I don’t know about importing the nomination information, so I hope immigration was able to let you know how to do this.

  139. Mekwe October 30, 2014 at 12:53 pm

    Hi Kristin
    First of all im glad to find ur post cos u seem very knowledgeable.
    My children and i came to audtralia as dependents on my husbands 457 visa one year after it was granted (he came soon as it was granted). We got married legally in our country soon as he got his 457 visa to ensure that me n kids will also have a future in australia. Unfortunately in the one year we were apart my husbad had an affair n has been living with his mistress (aussie citisen) to this day. They now have a baby. He still kept us as dependants on his 457 visa so our kids can have a better future in australia which is why we came a year after n he is doing me a huge favour by not filing for divorce until he has applied for our PR so that i can have a better life in australia too. Even though we seperated now (but still legally married) my husband still provides for us he pays our rent and pays all our bills on top of paying for his new family, but sometimes i still feel angry at him for cheating on me and cant wait to get my pr so i can maintenance him. But i worry what if he divorce me before he applies for pr or what if he only does my kids pr and not mine? And if he tries to divorce me does he have to go back to the countey we got married in to do up the divorce papers or can he just do it from here? Basically what i really want to know is, does being a secondary 457 visa holder entitle to the family law act in australia….like am i able to claim spousal maintenace from him or child support while on visa? My husband has been with his mistress now for 2years n we will be eligible to apply for pr in a few months im worried what does it mean for me if he decide to divorce me before applying can i still get pr under him? Alsoif he only does our kids pr can i fight for my childrens custody even though hes been paying for everything for us since we came to australia or will the court grant him full custody because he of that? I would appreciate any help.r

    • Kristin November 5, 2014 at 8:37 pm

      Hi Mekwe, I’m sorry to hear about the problems you’ve had — it doesn’t sound good at all. Unfortunately, that’s way out of my league. I highly recommend an appointment with a someone specialising in family law or even a migration lawyer to get some of your questions answered. Good luck and I hope it works out for the best.

  140. Derek November 4, 2014 at 10:00 pm

    Hi,

    I am currently employee at IT firm as the Assistance Manager indian citizen. I will be on vacation for 15 days. I wish to travel for Australia on holidays to meet my sister.

    Would need advice on following points

     I have valid Australia visa (Sub class 457) until 12 May 2016.
    o Can I travel for my vacation on same visa? Or should I apply fresh application.
     If I apply fresh application, will my old visa get cancelled?

    I dont want to take risk in losing current visa 457. please advice.

    • Kristin November 5, 2014 at 8:35 pm

      Hi Derek, as long as you have a valid 457 visa that is not in danger of expiring (which, by the dates you gave me, it is not) and you are still employed, you can leave the country and re-enter as many times as you want without having to reapply for the visa. Have a great trip!

  141. Guy Benitez November 6, 2014 at 3:35 pm

    Hey Kristin, How u doing? let me tell u that this post is great!! Thanks for being such a kind girl sharing this information with all of us! I’d like to ask you about education for 457 holder, Can we study? Are there any perks? Should we pay it as an overseas or international student ? Thank you..

    Guy.

    • Kristin December 17, 2014 at 10:47 am

      Hi Guy, many apologies for not replying on a much more timely basis. Anyway, you are able to study on a 457 visa. However, you will have to balance the demands of a full-time job (which is required to keep the visa) with study, so it just depends if you feel like you can do that. You will have to pay as an international student until you become a permanent resident.

  142. Diane November 16, 2014 at 1:05 pm

    Hi I am currently on my husband 457 visa and we are splitting up I have been working with the same company for the last 18 months that we have been here. My company wants to help me stay here because I have moved up in the company and now the manager. How do I go about this and what do I need to do? I really need advice as me and my kids love our life here and would like to stay if you could swing some good wisdom my way that would be much appreciated
    Thank you

    • Kristin December 17, 2014 at 10:46 am

      Hi Diane, apologies for the delayed reply and I hope you have been able to get the answers you needed. I hope you were able to get sponsorship on your own 457 visa (provided your occupation is on the CSOL list).

  143. Mia November 18, 2014 at 5:48 pm

    Hi Kristin
    Awesome blog 🙂
    I just have a quick question: my employer aims to help me on my 186 application next Jan, what we are extremely worried is our revenue, we had a bad time on our business, things are picking up as we have changed the marketing strategy, but what shown on the financial statement worried my boss. he wants to know is there any minimum revenue requirement for the business? the training benchmark should be okay as we still provide periodical training to current staff. Thanks

    • Kristin December 17, 2014 at 10:44 am

      Hi Mia, apologies for the delayed reply. I hope that things have picked up in your business. Unfortunately I do not know if there is a minimum revenue requirement — this is definitely something you should contact immigration about ASAP to get firm details on. Good luck!

  144. Rogel December 2, 2014 at 9:27 am

    Hi Kristin,

    It’s me again. I have tried to processed an NZ visit visa in Manila, Philippines but it would take 15 working days to get approved wherein my timeoff would be not enough for that span of time.
    In this regard, I would like to inquire if there is an alternate place/country within asia that I’m allowed to and get it quicker.

    Appreciate very much for your help.

    Thanks & Regards,
    Rogel

    • Kristin December 6, 2014 at 11:42 am

      Hi Rogel, unfortunately I can’t answer that question. You will need to contact the NZ immigration office to get more details as I am only aware of the details around a few select NZ visas.

  145. siraj December 3, 2014 at 4:14 pm

    Hi Kristin

    My employer in Australia has applied for my sponsorship visa UC457. Nov 4th my nomination application has been lodged and still it hasn’t been apprved and if it is approved and if my agent lodges my visa application how long will it takes for the visa to be granted.

    • Kristin December 6, 2014 at 11:38 am

      Hi Siraj, unfortunately I do not know the current processing times for visas, but if you call immigration they may be able to give you a better idea. Once your employer’s nomination form has been lodged (note, that’s the nomination form, not the sponsorship form, which must be approved first) then you are allowed to lodge your application, so you should be able to do this now. However, I would definitely listen to your agent as to their recommendation, as they are the expert in this matter.

  146. tinamcmullen December 16, 2014 at 11:29 am

    Hi was wondering if you could help me im currently down as a defecto partner on my boyfriends 457 visa we are both from ireland and earlier this year i had to return home im home almost a year my partner has stayed in austraila to keep his sponsership do you no if me being home for just over a year by the time i return will It affect me getting back or if my visa will be cancelled he has kept me on his visa and we are in contact regular
    Thanks for any help u can offer me

    • Kristin December 17, 2014 at 10:42 am

      Hi Tina, I am not entirely sure on the answer to this so I highly recommend you contact immigration (you can do this anonymously) to ask about your specific situation. As his 457 visa is still valid, I don’t see why yours would have been cancelled, but you may face some very stiff questioning on arrival if they note that you are a dependent yet haven’t seen your boyfriend in a year.

  147. samip December 17, 2014 at 6:56 pm

    Dear Kristin,
    i’m applying for P.residency after a year as i’ll complete my 2 yrs in a 457 visa. But my qn. is “Can i include my wife on my PR Application?
    PLZ SEE.. My wife 457 dependent visa was not granted because of non compliance of her previous (student) visa and is facing a 3 yr reentry ban on Aus. she is in overseas at the moment

    -Does this ban will affect my PR application?
    – Does this ban applies only on Temporary Visas?
    -chances of her getting a PR when applied together?
    -what would you suggest?

    Respons is highly appreciated?
    thank you
    samip

    • Kristin December 18, 2014 at 7:41 am

      Hi Samip, unfortunately I have no more experience in this area than I did when you previously asked me about your wife’s 3 year visa ban in February. Her ban affects all visas and I find it highly unlikely that she would be allowed to apply for PR at this time. However, I will repeat what I told you before: “unfortunately I can’t advise you in this situation and I highly recommend that you engage a migration lawyer to discuss this. It sounds pretty serious since you say she’s had a 3 year ban in Australia. Good luck and I hope you’re able to get the advice you need.”

  148. Dlakshman December 18, 2014 at 9:28 pm

    Kristin,

    I really appreciate your time and efforts in answering the queries of people.

    I have a situation here, i was sponsored a 457 Visa on 03/Aug/2011, started my employment with my sponsored employer on 01/Sep/2011. I worked with them in the same occupation for 2 years and 4 months i.e. till 20/Dec/2013. Due to my spouse’s health reasons, I resigned the job and we returned back to our home country. My situation has changed now and the same sponsor would like to employ me again.

    My question is
    1. Will my experience of 2 years and 4 months count for PR if i go back and join the same employer on a existing or new 457 Visa?
    2. Can i go an apply PR right away after joining them back provided they are ready to sponsor?
    3. My old Visa still stands valid on the Vevo site although my employer has informed the immigration in Dec 2013. Can i still use my old visa, the sponsor just nominates me and i start the employment with them as my Visa is valid till 03/Aug/2015.

    My decision of going back to Aus comlpetely depends on the consideration of my previous experience to apply for PR. I have already worked hard to complete 2 years in my earlier stint on 457 visa and i do not want to start the 2 years all over again. Any help is much appreciated, i have been trying to get this information from various sources but not getting a clear answer.

    Thanks
    Deepak

    • Kristin January 23, 2015 at 11:20 pm

      Hi Deepak! Unfortunately, I do not believe that your previous experience will count towards PR, as it usually has to be done in a continuous period just before you apply. For instance, because I had a 457 visa, then a tourist visa, and then another 457 visa, I was no longer able to count the time on the first 457 visa towards PR. Because of this, I do not believe you will be able to apply for PR right away — instead, you’ll have to wait another 2 years.

      If your employer informed immigration that you were no longer employed, it is highly unlikely that you will be able to enter the country on it. It’s a much safer bet to go through the whole process again with the new visa.

      I understand that you wouldn’t want to start the whole two year process again, so it would definitely be worth consulting a migration agent to find out what your options are. I am just speaking from personal experience but they are the experts on all forms of immigration and may know a different permanent residency visa you could apply for.

  149. Justine December 22, 2014 at 6:43 am

    Dear Kristin,
    I have been on a 457 visa for more than 2 years of the 3 it entitiles me to and have just applied for a 186 permenant visa. I came back to the UK in August on unpaid leave to see family and do some unpaid work experience over here to add to the skills of my current job in Australia. I had planed to go back to Auz in Feb/March. However, a few people have told me that having been out of the country for more than 90 days makes my visa invalid. I have had a look on Immigration website and my visa status says in effect with my location being offshore. Can you help Im really nervous about booking a flight.

    Kind regards,
    Justine

    • Kristin January 23, 2015 at 9:58 pm

      Hi Justine, unfortunately I don’t know the exact limits on how long you can be offshore on the 457 visa — I definitely recommend calling immigration and getting clarification before you try to return. I’d be interested to know what the answer is to this question as well. Sorry I can’t help further!

  150. Pat December 22, 2014 at 4:48 pm

    Hi Kristin,

    Good Day!

    I have one question regarding Tax filing and refund. I was on 457 visa from 14th Nov 2013 and worked only till 30th April 2014. I was under PAYG. I returned back from Aus to my country on 1st May 2014 because of unexpected project end. Now i want to file tax returns for ATO.Will i be eligible to file tax as resident of Aus as the period was less than 6 months( 5.5 months). Do you have any idea what is the process to get tax refund in this case and what is the process to claim Superannuation?
    Your response will be appreciated.

  151. Justine December 23, 2014 at 6:46 pm

    Sorry for my repeated email, I didnt think my first one had worked.
    Appologies,
    Justine

    • KANNAN January 3, 2015 at 10:32 pm

      Good Day To All
      I have in total 9 years exp in total , 2 years in IT and Customer service
      1 year again as IT sales consultant
      For last 6 years am working as production manager and logistics head in a manufacturing unit ( plastic injection molding factory)
      Age 34
      Qualification
      Bachelors in computer science and post graduate diploma in information security
      Ielts 7
      My question is my qualification is related to IT and I would like to know will I still be eligible to apply as production manager for manufacturing under regional sponsorship

      • Kristin January 23, 2015 at 9:48 pm

        Hi Kannan, apologies for the delay in replying. I would have thought if you had experience as a production manager and a university qualification of some point that it would be enough to get a visa with that role, especially as you have found a company that is willing to sponsor you. However, I think you should contact a migration agent or immigration to verify this, as it could greatly impact your visa application.

  152. Sachin January 2, 2015 at 10:29 am

    Hi Kristin,

    I am working in Australia on a VISA 457 since last 2.5 years. I will be getting married in few months time.

    1. Can i get my wife here in Australia as dependent on my VISA 457? If so, does it require any approval from my employer?

    2. If in case my employer is not ready to grant approval to do so can I do it on my own by contacting Immigration offfice?

    Regards

    • Kristin January 23, 2015 at 9:55 pm

      Hi Sachin. Congratulations on your wedding! Yes, you can apply for your wife to be a dependent on your 457 visa, but it will definitely require approval from your employer. If your employer is not willing to do so — since they have to take on legal responsibilities for her being in the country — then you will not be able to apply for her to be a dependent, whether you go directly to immigration or not.

  153. Weng January 8, 2015 at 11:26 pm

    Hi Kristin,
    I am browsing the web to check about visas in Australia and your blog was very informative! Thanks!! I just want to ask if you have any idea about this: I am planning to enrol for a 2-3 year course this year. If I will have my student visa, my husband will come with me with dependent visa (i just don’t know what visa class to call that). My question is, if he finds job during the length of my course and work in just one company for let’s say 2years onwards, can he apply for PR?

    • Kristin January 23, 2015 at 9:29 pm

      Hi Weng, if your husband applies for a 457 visa once he gets a job, that will put him on the path to applying for PR after two years. However, as a dependent on a student visa he would not be eligible after that period of time (as far as I know). It’s definitely worth discussing this with a migration agent who would be able to lay out all the possible paths to PR open to both you and your husband. Good luck!

  154. Yogi January 12, 2015 at 1:49 pm

    Hi Kristin,

    I am in adelaide on a Sub class 573 dependant visa. just a quick question that if somehow my employer is ready to sponsor me, can I get a 457, because someone has advised that to get a 457 visa you have to be part of a study programme in Australia.
    Is that right..?

    • Kristin January 23, 2015 at 9:25 pm

      Hi Yogi, you do not need to be part of a study program to get a 457 visa. Anyone that meets the requirements of the visa — meaning their occupation is on the CSOL list mentioned above and they meet the character requirements, among other things — can apply for it. As long as you do not have a ‘no further stay’ condition on your current visa, you can be nominated for and apply for a 457 visa.

  155. sanju January 19, 2015 at 1:49 am

    warm greeting kristin,

    i have one question for you.If a company or reasturant from australia want to sponser a person from another country as a chef what documents they should send to the person and what should the person do in his place for securing the sponser visa?

  156. Supro January 21, 2015 at 4:45 pm

    Hi kristin,

    Is it practically possible to find a job and 457 sponsor while sitting out of Australia ?

    There are some recruiters who claim to be doing so ? But they are charging hefty and not sure what the success ratio is ?

    Please advise

    • Kristin January 23, 2015 at 9:16 pm

      Hi Supro, I am sure it is possible to search for a job while outside Australia; however, many people will want to meet you before they decide to hire you even if the rest of the interview process is done remotely. There are definitely a number of recruiting agencies in Australia but unfortunately I can’t state what their success ratio is. It really depends on the job market in your chosen profession as well.

  157. Jonathan January 22, 2015 at 9:47 pm

    Dear Kristin,
    Let me thank you for this excellent post. Very informative. I am in Sydney looking for getting the 457 visa. I hope you can help me in this simple doubt.

    If I want to change my sponsor for another one, does the new employer need to do the whole process again? like the first time? Because as you know it is too difficult to find a sponsor. I went to some interviews and they asked me if I got a visa. Is the process easier to get the new sponsor or it is like the first time?

    Thank you for your help

    Kind regards

    Jon

    • Kristin January 23, 2015 at 9:21 pm

      Hi Jon, the process to transfer a visa is much easier — for you. Your new employer will have to ensure that they are an approved sponsor (otherwise they will have to fill out those forms first) and then they need to fill out the employer nomination form. However, you should not have to fill out a new application. If they ask you in interviews, it is a good idea at some point in the process to clarify that they’ll need to take on your visa.

  158. Anna January 23, 2015 at 11:34 am

    Hi Kristin,
    Thanks for the information you have provided on your website – very helpful! I am a Canadian and was recently offered a position in Australia. My company is sponsoring my 457 work visa, but I am wondering if I need to wait until the visa is approved before entering the country to start to look for accomodation, etc or can I enter with the normal ETA electronic visa and start to work when the 457 visa is approved? If I am in Australia when the 457 is approved do I need to leave the country and re-enter to activate the visa?
    Many thanks!
    Nana

    • Kristin January 23, 2015 at 9:46 pm

      Hi Anna, if you applied for your visa offshore, then unfortunately you have to stay offshore until the visa is granted. When you apply for another visa — and I believe this even applies to the ETA — it will cancel out all other visa applications, meaning you would have to start the visa process all over again once you arrive. When I applied for my first 457 back in 2008, this meant I had to wait about 3 months (which I didn’t mind, since I was travelling in NZ) before my visa was granted and I could make the short hop across the Tasman.

  159. Josh January 27, 2015 at 9:09 pm

    Hi Kristin. I am Josh, a Filipino and currently in 457 visa for almost 3 years. Now i am planning to bring my wife, child and mother here as a secondary of my 457 visa. The thing is, my wife is 2 months pregnant, can she still go to Australia even though she’s pregnant?

    Thank you.
    Josh

    • Kristin January 27, 2015 at 9:56 pm

      Hi Josh, the main issue I see with this is that you usually have to go for a chest x-ray as part of the 457 visa process. Unfortunately, as your wife is pregnant, she would not be able to get an x-ray until after the baby is born, and thus would not be able to apply for the visa until that time. However, I would definitely call immigration or a migration agent and verify that there are not any other options. Good luck (and congratulations)!

      • Josh February 2, 2015 at 12:05 am

        Thank you so much the information Kristin. I would probably need to wait until my wife’s delivery. Thanks again and more power.

        • Kristin February 2, 2015 at 7:40 am

          No worries Josh — hope you’re able to come to Australia once your wife has had your baby! Congratulations and good luck.

  160. Jason January 27, 2015 at 10:21 pm

    Hey
    I am already on a 457 visa and have been for just over a year. Before Christmas i had to leave Australia and return to Ireland with a few family matters. With it being busy over the holidays I am still here and looks like i’ll be here for another month or so to get everything cleared up. Does anybody know is there a certain time period that i must not go over. I was told that you must not leave the country for any more than 3 months. My employer is fine with me going home to resolve these family issues and told me my job is available on return just a bit nervous about immigration when i come through. Am i allowed to leave for more than 90 days at a time as long as my employer is comfortable with the arrangement.
    Any help is greatly appreciated.

    • Kristin January 29, 2015 at 8:13 am

      Hi Jason, I highly recommend that you call immigration anonymously and discuss this with them, since it could have bad ramifications for your visa. I don’t actually know the answer but a few other people have mentioned to me in the past that there seems to be a 90-day limit. I’ve never read that in any official documentation, but that doesn’t mean it doesn’t exist. Good luck, and I’d be very curious to know what immigration has to say about this one.

  161. Neha January 30, 2015 at 10:09 pm

    Dear Kristin,

    All the information given above is very helpful however, I have a small doubt about 457. I am a master’s student here and my husband is on a dependent visa. Due to masters, he has full working rights and working in retail, however my question is, if his employer is ready to sponsor him but on sales executive level, is it possible? The doubt I have is whether he has to be at managerial level to get the sponsorship or it’s fine on current position?

    I checked with few immigration lawyers here and they say the job role and responsibilities doesn’t matter as long as the company wants to keep the employee at any level position? So can he get a sponsorship on 457?

    Thanks in advance

    Regards
    Neha

  162. Soma January 31, 2015 at 9:31 am

    Hi Kristin, I have filed a permanent residency in Australia under subclass 186 , employer sponsored a couple of months back . I am currently on bridging visa A. Now , I have been transferred to another country with the same employer for 2 years . Can I work abroad while my family stays in Australia? Please suggest . Thanks

    • Kristin February 7, 2015 at 9:34 am

      Hi Soma, this is definitely something you need to discuss with either immigration or a migration agent ASAP. Usually if you apply for permanent residency onshore, you will need to be onshore for it to be granted, so if you are working in another country that could be a problem.

      In addition, your bridging visa A does not allow you to leave the country. You would need to apply for a bridging visa B to be able to return on the same visa conditions. This is a fairly straightforward process but does cost a small fee and needs to be done prior to leaving Australia.

  163. Aditya February 2, 2015 at 6:18 am

    Hi Kristin, I am currently holding 457 visa as a primary applicant and my wife holding the same as a spouse/dependent. We are currently based at Canberra. My Wife is having around 2 years of work experience in the field of Data warehousing (Informatica/ETL) and is looking for a job (Permanent/Contract) preferably in Canberra. Most of the companies seem to be asking an experience of 5+ years (referring to Seek Job Portal).
    1. What are the possibilities and means for getting a relevant job with her current experience?
    2. Is it possible to get Security clearance for her so that she can be eligible to apply for any Federal government jobs? If yes, What are the ways to get the same?
    3. Other than seek.com.au are there any Job consultancies who can provide Job assistance?

    Thanks in advance.
    Aditya

    • Kristin February 2, 2015 at 7:39 am

      Hi Aditya, unfortunately I am not a job seeking expert — especially since data warehousing is not my field in IT — so unfortunately I can’t tell you what the possibilities are for your wife finding a job. I don’t know anything about security clearance so you’ll have to look into that through other means. Other than seek, it’s always an option to go through IT recruiters or look on CareerOne (http://www.careerone.com.au/) or JobSearch (http://jobsearch.gov.au/). Good luck!

  164. Kshitiz February 3, 2015 at 4:38 am

    Hi Kristin,

    How are you?
    I am applying 457 work permit and along with that a dependent visa for my wife.
    After the visa is issued, is there a timeline within which
    1) I would necessarily need to travel to Australia else the visa expires
    2) My wife would need to travel else her visa expires

    Thanks a lot.
    Regards
    Kshitiz

    • Kristin February 7, 2015 at 9:29 am

      Hi Kshitiz, unfortunately I don’t know the exact timelines on this so it would be best if you contacted immigration to make sure you don’t accidentally void your visa. Others have mentioned that you may have issues trying to come in more than 3 months (90 days) after the visa is issued, but I have not had official verification on this nor do I know whether it would apply for dependents on a visa.

  165. siraj February 4, 2015 at 12:07 am

    Hi Kirstin,
    I have got my sponsorship and nomination approved and my MA in Australia have applied for Visa on 19th Jan for Victoria. I have completed my health examination and took insurance as well and the documents have been sent to the immigration dept. How long will it take to get the visa approved.

    • Kristin February 7, 2015 at 9:30 am

      Hi Siraj, unfortunately I do not know the current visa waiting periods. The immigration website should advise of current average wait times; otherwise you should call immigration to ask for the current processing times for this specific visa.

  166. Aruna February 6, 2015 at 12:58 pm

    Hi Kristin,

    I am currently in Australia on 457 visa along with my husband, i am the primary applicant. I 26 weeks pregnant, since my health fund is not covering my maternity, my company is asking me to travel back. In the meantime i am processing my PR too. Since my husband has got a good job here can he stay back here till he get the briding visa. Though i travel back to my country.

    Kindly help me with the situation.

    Thanks and Regards,
    Aruna

  167. ronnel nemeno February 7, 2015 at 6:44 pm

    Hi I am filipino worker here in Queensland Australia leave as a 457… I will ask what happens if you don’t have private insurance here in australia….

    • Kristin February 7, 2015 at 6:47 pm

      Hi Ronnel, as I stated in the post above, you need proof of health insurance to apply for the 457 visa. If you cancel your private health insurance once you receive your 457 visa, your health insurance company is required to report this to the government. As you will be in violation of your visa conditions, this will possibly result in your visa being cancelled.

  168. aholl February 8, 2015 at 8:10 pm

    Hi there..

    my partner and I left australia in aug 2014.. my partner was sponsored on a 457 visa which wasnt due to expire until oct 2015.. we are now living in ireland. just wondering if you know if its possible for me to apply for permanent residency from ireland as I feel like I want to go back to oz as im not finding life in ireland as fun as I thought it would be.

    • Kristin February 8, 2015 at 8:41 pm

      Hi Aisling, if your partner quit his job his employer will have notified immigration, which means the visa would cease after 90 days or whenever you left the country (whichever came first). Therefore, you cannot apply for sponsored permanent residency. You may meet the requirements for general skilled migration but that depends on your job, years of experience, etc. Good luck with it!

  169. Nol February 8, 2015 at 10:00 pm

    Hi Kristin

    I am on a 457 visa(labour Aggreement) for the last 2 years, Unfortunately my self and my husband(who is a dependant) are splitting. I have left the country. My husband is still there with our 3 children. My employer has notified immi.
    What are my husband options in regards to staying?

    Thanks

    • Kristin February 16, 2015 at 6:28 pm

      Hi Nol, unfortunately I cannot provide adequate advice in this situation, as the only ways I know for your husband to stay in the country require applying either for a general skilled migration visa or a 457 visa on his own accord. I believe his best option at the moment would be discussing the matter with an immigration lawyer.

  170. Corinne February 8, 2015 at 10:51 pm

    hi

    I am planning to do a sponsorship with a company that offers me a sponsorship. I am not sure if there is any restrictions about leaving australia during this 2 years of sponsorship? Am I allowed to go back to my country for holidays or is there a restriction?

    Thank you very much for your help!

    Cheers Corinne

    • Kristin February 9, 2015 at 8:43 pm

      Hi Corinne, yes, on a 457 visa you will be allowed to go home for holidays with no issues. As long as your employer has approved it, you can leave and re-enter the country as often as you want provided your visa has not expired.

  171. Andrea February 17, 2015 at 4:04 pm

    Hi Kristin,

    Is it possible to study whilst working on a 457 visa? I’d like to start an online diploma with an Australian college that will take 3 years, but was asked to check my visa status to make sure I can study without breaking the terms of my Visa. They were concerned some visa state you cannot study for more than a 12 week period of time on a course.

    thanks so much,

    Andrea

    • Kristin February 17, 2015 at 8:34 pm

      Hi Andrea, others have asked before and the consensus is that you are allowed to study on a 457 visa. There are no specific restrictions blocking you from doing it; the main issue will be whether you can keep up with a full-time workload (in order to keep your visa) as well as a full-time college course.

  172. Sandra Pre February 24, 2015 at 12:06 pm

    Hi Kristin:

    I have been in 457 for more than 3 years, I am planning to apply soon to the visa 186. ENS
    When I can apply for Medicare? After I lodged my application or until the decision come from inmigration?
    My current visa 457 expired in october, and I will apply in a month aprox.
    Thank you so much for your help.

    • Kristin February 24, 2015 at 9:47 pm

      Hi Sandra, once you have applied for your 186 visa you are able to present the evidence of application to Medicare and receive a interim Medicare card. This gives you access to all Medicare benefits and will be replaced with a standard Medicare card once your PR application has been approved.

  173. Sumudu March 2, 2015 at 8:55 pm

    Hi Kristin,

    Im 457 visa holder and applied for PR one month before. Can I go out of Australia (Travel) for one month?

    Please advice me.

    Thanks.

    Sumudu

    • Kristin March 3, 2015 at 7:13 am

      Hi Sumudu, as long as your company that is sponsoring your 457 visa is fine with it, you should be able to leave the country. However, it’s advisable that you call immigration and discuss this with them since you usually have to be in the country when your visa is granted. When I travelled while waiting on permanent residency, I just advised them of the dates I would be out of the country and they ensured that it didn’t get granted between those dates.

  174. Prasad March 5, 2015 at 1:42 am

    Hi Kristin,

    Thank you for providing this info.

    I have a valid 457 visa and I worked for one of my employers clients in Sydney.
    My project is finished and I have returned back to my country.
    However I want to look for a new job in Australia and since I don’t have an Australian employer currently, can i reenter Australia for searching a job? Or do i have to apply from overseas?
    If i can enter , do you think i will face some immigration problems?
    Also because i will be on a certain budget of my own, if I don’t get a job there while i entered, do you think i will face any problems while returning?
    Can you suggest what I can do so i can at least get some time to enter Aus to find a new job?

    Thank you

    • Kristin March 5, 2015 at 10:40 am

      Hi Prasad, you should check out the tourist visa page on the immigration website (https://www.immi.gov.au/visitors/tourist/visa-options.htm) to find out which tourist visa applies to people from your country of citizenship. Even if you have previously held a 457 visa, you should be able to apply for one of these visas and get at least 3 months in Australia.

      However, you may face issues at immigration when you arrive if you tell them you are looking for work since it is not a work visa. If asked, you should make sure to clarify that you have enough money (backed up by bank statements) to support yourself while in the country and that you are looking for a sponsor but would not work until a 457 visa was applied for. Whether you disclose this information is up to you and I can’t really advise you on that as I’m not an immigration lawyer. Good luck with it!

  175. samip March 10, 2015 at 8:31 pm

    Dear Kristin,
    Currently, i’m holding a 457 visa and thinking to apply for PR at the end of this year .
    But my query is will i be able to include my spouse on my PR application?
    i’ve hear that it takes 2 year for a dependent to get PR, is this true?? hence i want to include her in my application so that she doesnot have to wait for that long.Is that possible?
    She is facing a 3 year entry ban in Australia by not complying her previous visa . hence she is in overseas from jan”13,,, and 2 year will be over by dec 2015. what are the chances?
    hoping to hear from u and thanks again for ur time and advice

    best regards
    samip

    • Kristin March 10, 2015 at 8:40 pm

      Hi Samip, this is the last time I will be replying to any of your comments on this post. You have not listened to my other responses so I do not expect you to listen to me now, but you need to find an immigration lawyer to work through the issues with your wife being on an entry ban. I CANNOT help you with this matter.

  176. Richard March 19, 2015 at 7:38 pm

    Hi Kristin,

    I hope you can help me shed some light on my delema. I just found out today that my health cover has been canceled since 13 November 2014. So since then, I don’t have any health cover. Will I have any problem with immigration in this instance? I am a 457 visa holder by the way. Also, my student visa health cover is still on until 30 June this year. I was on a student visa back then and got sponsored by my employer last year. I haven’t canceled my old student visa health cover since. Thank you very much!

    Richard

    • Kristin March 20, 2015 at 3:32 pm

      Hi Richard, I would rectify this issue immediately. Usually the health insurer is required to notify immigration immediately upon your cover being cancelled, but maybe immigration has overlooked it in this case. Unfortunately student visa health cover is not enough to meet the requirements of the 457 visa so I would recommend applying for 457-approved cover and ensuring that any waiting periods, etc, that have already been served on your old policy get transferred across to the new cover. This should be straightforward if both policies are from the same insurer. Good luck!

  177. Ande March 25, 2015 at 10:42 pm

    Hi kristin

    my job is on the closed list of csol list in Australian capital territory. and as per Canberra 190 state nomination rules, i need a genuine job offer. any idea what this is. as it does not state that the company needs to sponsor you. can i change my job immidiately after i reach there. or do i have to work with the company that has given me a genuine job offer for a certain period.

    all they have stated is “If your occupation is listed as closed on the current ACT Occupation List, you may still be able to apply
    for ACT nomination if you meet certain criteria”

    criteria 3 is (If you do not have work rights) you have a genuine job offer with an ACT employer in a skilled occupation. The job offer does not have to be in the nominated occupation.

    i know someone who can provide me a genuine job offer but i need not work with him.

  178. Mani March 28, 2015 at 1:34 pm

    Hi kristin …I’m on 457 visa from last 15 months .Now my employer changes his business name , going to transfer my nomination . After the nomination transfer with the same employer and same job role when I’m eligible to apply for PR? After 9 months or again I have to wait for 24 months ?

    • Kristin March 29, 2015 at 7:50 pm

      Hi Mani, you should have no problems with applying for your PR in 9 months time, provided your employer ensures that you are nominated for the exact same role under the same ANZSCO code. It’s when that code changes that immigration gets picky about whether you have been working in the same occupation for the entire 2 years.

      It wouldn’t hurt to call up immigration and get them to verify this for you just for your own peace of mind as well.

  179. Ganguly March 28, 2015 at 1:54 pm

    Hi Kristin,

    I have been reading through your blog and found it very handy. In particular, when you respond to the questions so precisely. In relation to immigration, I would like to put forward a few questions.
    I am a postgraduate research student in Australia and have the visa subclass 574. My wife is with me and she is on my visa as dependent. However, we have had differences earlier and it continues. I tried to sort them out but it seems it’s not going to happen. It’s pity but true. Next year, I will be applying for permanent residency as primary applicant. So, my question is: Is it compulsory for me to put her name in the application? If I don’t, then is it my liability to take care of her. Can she complain against me to the immigration and get a immunity to stay in Australia and also badly impact my visa?

    I am in a deep trouble with her now, your response will be highly appreciated.

    Thanks and regards

    • Kristin March 29, 2015 at 8:36 pm

      Hi Ganguly, unfortunately I don’t know much about the 574 visa. However, if you inform immigration that you and your wife have separated, they will give her a certain amount of time before she has to leave the country. I do not know how long this would be given I don’t know the specifics of your visa.

      I don’t think she could complain to them as it’s not immigration’s duty to deal with issues in relationships. You didn’t do anything out of line in immigration’s eyes as you were in an ongoing relationship when you applied for your visa.

      It is definitely not compulsory for you to put her on your permanent residency application as that application would state that you are in an ongoing relationship. Since that wouldn’t be true it could jeopardise your visa if immigration found out about it.

      It may be worth calling immigration to get the specifics on what will happen to her (how long she will have to leave the country, etc) with regards to your specific visa terms. You can call immigration and ask for advice like this without giving them personal details so you don’t have to worry about them noting this in your files. Good luck with it!

  180. Ganguly March 29, 2015 at 9:09 pm

    Thanks Kristin for the valuable information. Well, I did call immigration a few weeks back but they didn’t agree to advice me on anything. However, I will call them again and give a second try. My problem is that she (my wife) has been nagging on me and I just don’t want her to be here with me (in Australia).

    I will call immigration again, thanks again.

    • Kristin March 31, 2015 at 8:32 pm

      Hi Ganguly, yes, unfortunately immigration is not always able to provide advice. If you’re not able to get more clarification on your situation from them, I recommend engaging an immigration lawyer to find out exactly what the next steps are from here.

  181. Lindsay March 30, 2015 at 11:24 pm

    Hi Kristin! Just curious if you know anything about studying while on a 457 visa? I am hoping to study while I work on the 457 visa but am unsure if I will still be considered an international student (and paying those fees). Any information would be great! Thanks

    • Kristin March 31, 2015 at 8:31 pm

      Hi Lindsay, yes, you can study on a 457 visa, provided you continue to work full-time and meet all your work obligations. Unfortunately you will have to pay international student fees until you become a permanent resident.

  182. Alex April 1, 2015 at 9:43 am

    Hi Kristin,

    I have been on a 457 visa for the last 2 years however I finished that job last month. I have a new employer so just waiting for my new 457 visa to be approved. In the meantime i have no work rights (I believe) is it ok for me to volunteer, unpaid? If so do you know of any charities in Sydney?

    Thanks! Alex.

  183. Fiona April 12, 2015 at 1:35 am

    Hi kristin! This is my problem ryt now, my husband is holding a sponsored 457 visa ryt now and he is currently gaininghis 2yrs in service in the company. The company didnt give any nomination yet for applying PR because they’re in the middle of changing company’s name because the company was sold to the other company. After months the company gathered a meeting and said that there will be a work force reduction or dedunduncy that will gonna happen. My questions are: what kind of visa could we apply after ending that 90days period of finding new jobs or employers to sporsor again? What TRA for? It is applicable for a 457 linesworker? Can we apply for offshore? Or onshore? Can we apply for PR in that 90 days period after redunduncy? Can we apply for temporary visa? Any suggestions pls.. Pls do reply thanks a lot

    • Kristin April 13, 2015 at 6:39 pm

      Hi Fiona, this is definitely a situation that you would need to discuss with a migration agent as I do not have enough experience in the area to recommend exact visas. I can say that, unless your husband is eligible for PR under the general skilled migration program and can get all of his paperwork together in time, he will not be able to apply for PR after being made redundant. That is because the usual path to permanent residency requires a company to sponsor you, which they obviously will not be able to do if they have made him redundant. Also, when I quit my job that was sponsoring my 457 visa, I applied for a 3-month tourist visa — which can be applied for onshore — so I would have more time to search for work before leaving the country. However, since the grace period has now been extended from 28 to 90 days once you have finished employment, I am not sure if it is as easy to then immediately apply for a tourist visa. Good luck.

  184. Vikas April 16, 2015 at 1:46 pm

    Hi Kristin,

    Appreciate your energy and efforts on this blog making it very useful.

    I am on 457 sponsor, need to know can I take up temporary job like weekends working to meet my money requirement.

    Thanks
    Vikas

    • Kristin April 16, 2015 at 7:00 pm

      Hi Vikas, I’m not sure what you mean by your “money requirement.” If you are talking about the salary level required of a 457 worker, this salary has to be earned from your sponsoring employer. Even without discussing this requirement, it’s important to know that as a 457 visa holder you cannot earn money from ANY other jobs outside of the one you have been sponsored for.

  185. James April 16, 2015 at 7:14 pm

    Hi Kristin,
    I have been on my 457 visa since June 2012 and the company has offered to organise my permanent residency within the next couple of months. My question is, while I am transitioning from the 457 visa to permanent residency (or if it is granted in the meantime) can I leave the country for a holiday home to Ireland? I am looking at going in October and had heard that you cannot leave Australia for a certain amount of time whilst everything is being finalised,
    Thanks
    James

    • Kristin April 16, 2015 at 7:20 pm

      Hi James, I would definitely call immigration and get the final word on this. However, when I applied for my PR in December 2010, I was able to leave the country shortly twice: once shortly after lodging my application and a second time about a month before my PR was granted. Each time, I called immigration and let them know the exact dates that I would be out of the country so they would not grant my visa during that time, since there can be issues if your visa is granted when you are offshore if you applied onshore. Otherwise I had no problems at all as my 457 visa was still valid so I did not need to apply for a bridging visa B or anything like that. Hopefully it will work the same way for you.

  186. khalil April 21, 2015 at 12:54 pm

    Hi Kristin

    I hope you are doing well

    I have been on my 457 visa since November 2013.
    i got the 457 visa when my sponsor used to be a sole trader before transferring to a business company pty ltd ( proprietary limited) on December 2013 with new ABN but same company name and staff no changes.
    the main reason of that because the business is growing up.

    until now i still under sole trader ABN in immigration records,there is no activity on sole trader, despite of my name is in pty ltd books.

    do you think the immigration will consider it as a one employer? and what should i do?also do you think that will affect on my visa?

    thank you in advance.

    • Kristin May 29, 2015 at 2:54 pm

      Hi Khalil. I hope you have been able to resolve this issue. Unfortunately I cannot give you any advice other than to talk to either a migration agent or immigration, as it does sound like it’s a situation that will need to be addressed so immigration does not call your visa into question. Good luck.

  187. Eva May 1, 2015 at 2:45 pm

    Hi! I couldn’t find the answer to my question in any of the comments above, so hope you can help.
    I am on a 457, but changing employer. I am going to be in the situation, where I’ve stopped working for employer A, and there’ll be a few weeks before employer B get’s the nomination to take over the visa, approved. Am I allowed to travel in and out of AUS during those weeks? Or does my visa turn into a bridging visa A during the wait on nomination?
    If employer B doesn’t take over the visa (because the skill is potentially different), but has to apply for a new one, could I travel after I stopped working for Employer A (you have 90 days to find a new sponsor right?)?
    Thanks, Eva

    • Kristin May 1, 2015 at 6:12 pm

      Hi Eva, this is definitely one that you should verify with immigration as I am not 100% sure on what to do in your situation. However, as far as I know, once you go past the validity period of your original visa, you will go onto a bridging visa A — meaning you would have to fill out a form and prove why you need to leave the country.

      I’d be wary of going travelling in the second situation though. Once immigration has been notified that you are no longer employed, I believe your visa ceases once you leave the country (regardless of whether the 90 days are up). Then, if employer B applied while you were out of the country, you would have to wait until the visa was approved to return. If they waited to nominate you until you came back into the country, you would have to apply for some form of tourist visa to get back in first.

      As I said, it would be a good idea to verify the specifics by calling immigration. Good luck with it and I hope it works out that you’re able to do some travel between jobs!

  188. Rachael May 5, 2015 at 10:58 am

    Hi Kristin,

    I am currently on the 457 which begun in October 2014. I want to leave Australia and go either to NZ and work their for a year or perhaps back to the UK where I am from. Would I incur any costs leaving my visa after 8 months? Can my employer make me pay the cost of the visa which they paid?

    Thank you in advance!

    • Kristin May 5, 2015 at 7:48 pm

      Hi Rachael, if you leave your visa after 8 months you won’t have any fees charged by the Australian government. However, I cannot speak to whether your employer will charge you any of the fees that they initially incurred. It probably depends on what is written in your contract. When I left my employer after 5 months on a 457, they did not charge me any of the immigration fees that they had been charged. Good luck!

  189. James May 10, 2015 at 5:04 am

    Hi there, i’m just wondering if my company cancels my 457 and terminates my contract while i’m outside the country on holidays can i still get back in?

    • Kristin May 10, 2015 at 8:32 pm

      Hi James, unfortunately I do not know the specifics of what would happen in that situation — I definitely recommend a call to immigration to verify exactly what you need to do to come back. If anything, you should be able to get a tourist visa so you can come back in and organise everything to move out of the country. Good luck and I hope it works out.

  190. Ammu May 13, 2015 at 6:59 pm

    Hi Kristen

    My husband (IT project) is working in Australian company under sponsored 457 visa for last 6 months. We both have decided to settle here as it is long tern project.

    Self being an computer engineer and an aviation professional with almost 11years of experience, planing to get PR instead of my husband, as I am looking for a job here.

    Would like to know the procedure to go about if I try to apply for PR from my current 457 status. Is it feasible or not?

    If not otherwise let me know the solution pls
    Thnx

    Vino

    • Kristin May 18, 2015 at 6:43 pm

      Hi Vino, unfortunately I cannot advise you in this matter. You may be able to apply for PR through the general skilled migration route, but usually the sponsored route is reserved for those that have been sponsored for at least 2 years on a 457 visa first. I definitely recommend having a meeting with a migration agent who may be able to advise you of alternative routes to PR. Good luck!

  191. Nick May 21, 2015 at 6:37 pm

    Hi Kristin
    ,
    i understand that you have 90 days to find for another sponsor in case of employment termination under 457 visa, within this 90 days can you still travel in and out of australia? best regards

    • Kristin May 22, 2015 at 10:09 am

      Hi Nick. As far as I am aware, if your employer has notified immigration that you are no longer working for them, your 457 visa will cease as soon as you depart Australia. If you wanted to return, you would have to apply for a tourist visa or another form of work visa.

  192. Haris Shuja May 22, 2015 at 2:04 pm

    Hi,

    Does anyone know, what is the time frame to travel to Australia after the 457 Visa Grant. I mean what is the validity to travel first time.

    Thanks.

    • Kristin May 22, 2015 at 3:45 pm

      Hi Haris. Unfortunately this is one question that I don’t know the answer to, and other commenters that have asked the same question haven’t come back and said what their experience was. I definitely recommend calling immigration and discussing this one with them so you don’t end up accidentally losing your visa.

  193. Abby May 29, 2015 at 10:25 pm

    Hi! I am a dependent of my father, who is a 457 visa holder. Do you know if there are any restrictions about me getting a job? Am i allowed to work full time or no? Because we are going to apply our permanent residency, I cant work full time because someone told us that a dependent cannot work for more than 20hrs a week. I hope you know the answer! I would appreciate it. Thank you very much.

    • Kristin June 1, 2015 at 8:00 am

      Hi Abby, usually there are no restrictions on dependents getting jobs while in Australia. The 20hrs a week restriction is standard for a student visa, not a 457 dependent. However, it would be a good idea for you to call and quickly verify this with immigration just to have an official response on the matter.

  194. Arpita Singh June 2, 2015 at 10:12 am

    Hi, I am on dependent applicant on 457 visa of my husband. Can anyone tell me whether i can apply for tax threshold or not.

    • Kristin June 4, 2015 at 4:37 pm

      Hi Arpita, as I mentioned in the post, “Even though you are not a permanent resident, as soon as you settle in Australia to work you become a resident for tax purposes.” This applies both to the main visa holder and their dependents.

  195. Sarah June 29, 2015 at 11:24 am

    Hi Kristin,

    Thank you for keeping this page alive so many years in.

    I currently have a regular travel visa as an American to Aus (ETA) that expires in December.

    This week an Aus employer will apply for a 457 for me while I am still here in the U.S. I know the process for it to go through could take 1-3 months. Could I travel on my ETA visa to Australia while my 457 application is in process (so in two weeks after application is lodged for example)? I wouldn’t go in and out of Australia till the 457 goes through once I do arrive.

    Thank you in advance!

    • Kristin June 29, 2015 at 6:46 pm

      Hi Sarah, it’s worth calling immigration to see if anything has changed around this policy, but when I went through the process, I had to stay out of the country until my 457 visa was approved. I also had a valid ETA before I applied, but since my application was put in offshore I had to stay offshore until it was approved. Even if the regulations have changed slightly, you wouldn’t be able to enter Australia and stay until the application was approved because then you would be considered onshore. I know it’s frustrating! I ended up just backpacking around NZ until my visa got approved so I could come over at short notice. Good luck with it!

  196. Das July 9, 2015 at 5:49 pm

    Hello Kristin,

    Hope you are going good.

    I am currently based out of India and have managed an employment in Australia.
    My proposed employer has already filled in my nomination and is under approval process. All my documentation to file in for 457 visa locally from here in India is ready, except my relieving letter as my last date of employment would be 31st July, 2015.
    I have been trying to file in my application but there is a field in the IMMI application where you need to fill in info related to your last employment for past 3 years( Start Date & End Date)……and the field doesnot accept a post dated entry. I have been employed with my current employer in India for the past 4.5 years starting March 2011…..

    Do suggest, if there is a way around to apply……

    Thanks in advance for your response.

    Warm Regards,
    Das.

    • Kristin July 20, 2015 at 8:09 pm

      Hi Das, apologies for the late reply. I hope you have found a way around this and have been able to lodge your 457 application. If it were me, I would just put today’s date as the end date since that’s the latest date they would allow. Is there room for comments anywhere where you can state that you are still employed and will be until the 31st?

  197. Mike September 18, 2015 at 1:11 am

    Hi Kristin,

    That is amazing what you have done here, thank you for your effort providing all the information and answering that many questions for so many years. I found it really valuable and it answered all my questions too.

    Thank you very much.

    • Kristin September 20, 2015 at 5:01 am

      Hi Mike, thank you so much for your comment. It’s great to hear that my work here has been appreciated! I’m glad that it was able to answer all of your questions too. Good luck with the 457 process!

      • Mike September 22, 2015 at 10:34 pm

        Thanks, but 457 process is way ahead of me. Now I’m just looking for job offers with sponsorship provided. There’s not much of those…

        • Kristin September 23, 2015 at 5:10 am

          Hi Mike, that’s unfortunate to hear that there aren’t many jobs going with sponsorship opportunities at the moment. Have you registered for SkillSelect as well? Good luck with it.

  198. Dave September 24, 2015 at 11:56 pm

    Hi Kristin,

    I have a 457 which is due to expire or lapse on 12th October 2015, I have been given notice from my employer which is likely to mean my last day could be 24th January 2016, although we are discussing a settlement which may mean the last day would be end of November, but that I would not have to work November, it being considered as garden leave.

    I presume the existing 457 would need to be extended until my last day, but am not sure whether this could be end of November (which I’m paid up to). I also wondered how long I would have to leave the country, as I would hope to have as long as possible to potentially pursue other job opportunities (get a sponsor), and get my PR over the line. I noticed it said that you normally have 90 days after the job ends, however I wondered whether this was the case after a 457 has lapsed, or would the 28 days apply.

    I realise these are quite complex questions, any help appreciated. It seems you have provided a great service here and I’ll understand if you cannot help on this occasion.

    • Kristin October 21, 2015 at 8:48 pm

      Hi Dave, many apologies for not being able to reply to your comment in a timely manner — as I was out of the country I wasn’t able to get to it in time. I hope you were able to sort out your visa situation in a way that your employer was happy with without being in violation of your visa conditions (ie working out your notice period without having the visa, as it seemed they expected you to do). Also, as for the time you have after immigration has been notified — the time that you have to leave the country has been extended to 90 days. It was 28 days when I had a 457 visa back in 2011 but has since been extended. Good luck!

  199. Hira October 29, 2015 at 9:15 pm

    Hello Kristin 🙂 hope you’re doing well

    My husband has a 457 work visa ,we went to Australia for few months last year on a project and then came back to our country. Our visa will expire in 2017. Since we liked Australia so much, we are planning to apply for the immigration . Just needed some information regarding that. Can we apply for immigration whilst being on a work visa ? We are currently in Germany on a new project. And was hoping to collect some info before applying.

    Your help will be much appreciated

    • Kristin November 3, 2015 at 11:44 am

      Hi Hira, unfortunately I don’t understand your question. What do you mean by “the immigration”? Is this another visa, permanent residency, or something else entirely?

  200. Yaw Badu November 16, 2015 at 11:27 pm

    Hello Kristin,
    Thanks for all the information you have provided on your website.

    I would kindly like to find out, i have been granted a 457 visa. My dilemma is i have purchased a one-way ticket to Australia and want to find out if it would be an issue when i get to immigration.

    Thank you

    • Kristin November 20, 2015 at 7:24 am

      Hi Yaw, unfortunately I cannot help you as I am not associated with the department of immigration. You should be able to check your status on the application page where you submitted your application; otherwise, I suggest calling immigration.

  201. Tanvi Juneja December 12, 2015 at 4:32 am

    Hi Kristin,

    Hope you are doing well. Your post is much appreciated! I might be coming to Australia, Melbourne early next year if my 457 visa comes through. Just wanted to check, if for example I join in March’16, would I be considered as a resident for tax purposes since I would not be completing the 6 months mark at the time of filing my returns? Just trying to do my budgeting. Also would you by any chance have some idea about getting a driving license in Victoria on a 457 or I could drive on my Indian license?

    Thank you!

    • Kristin December 13, 2015 at 9:33 am

      Hi Tanvi. Glad to hear you might be coming to Australia soon! As for tax returns, if you are living in the country as a resident would — working full time and with the intention to stay for the duration of your visa — then you are a resident for tax purposes. My first 457 visa was granted in April and I still did my tax return for that year as a resident.

      As for driver’s licenses, this document from VicRoads should explain everything: https://www.vicroads.vic.gov.au/licences/renew-replace-or-update/new-to-victoria/overseas-drivers. Essentially, since the 457 visa is temporary, you can drive on your overseas license provided it is in English or you have a certified English translation of it. However, if you want to buy a car, you will probably be required to have a local license first (I know I was here in QLD).

      Hope that helps!

      • Tanvi Juneja December 14, 2015 at 2:48 am

        Hi, thank you so much for your response. You have been of great help 🙂

        • Kristin December 14, 2015 at 8:37 am

          Glad to hear it Tanvi! Good luck with the 457 process!

          • Tanvi Juneja December 15, 2015 at 4:20 am

            Thank you 🙂

  202. amna rehmat January 6, 2016 at 4:23 am

    hi kristin, can u plz tell me how much time is required for uc457 after medical ?/

    • Kristin January 6, 2016 at 4:53 pm

      Hi Amna, unfortunately I don’t really understand the question. Are you asking how long it takes for the visa to get approved once you’ve supplied the results from your medical?

  203. Pranav January 9, 2016 at 8:49 am

    Thanks Kristin for your helpful replies. My 457 visa is expiring on 21st Jan and my work contract was till 31st Jan.I was asked by the DIAC to apply for visitor visa (onshore) when i sought for time to wind up the household. However for the 20 days extension that I have asked for, they have advised me to undergo medical examination. Is that necessary or is there a way to avoid it ?

    • Kristin January 10, 2016 at 9:02 am

      Hi Pranav, unfortunately I can’t help you with this other than to say that if the government says you need a medical examination, I highly recommend you get one. Otherwise you’re putting yourself at serious risk of being denied your visa.

  204. Samara January 18, 2016 at 9:30 pm

    My husband (we just got married in December) is on a 457 visa and is only 7 months into his 2 year contract, do you know if he applies for a partner visa now if he has to stay on the 457 or can he then go onto a temporary partner visa. Our biggest issue is that at the moment on his 457 visa we cannot live in the same state, we have been in a relationship for over 12 months now but have known each other for 15 year. Thanks

    • Kristin January 19, 2016 at 7:56 am

      Hi Samara, this is definitely one to verify with immigration as it’s quite a grey area. I don’t feel comfortable advising you one way or another as I’m simply someone that has gone through the process before (rather than an immigration expert), and I wouldn’t want to advise you the wrong way and cause you even more immigration headaches. Good luck with it!

  205. Arshad January 24, 2016 at 10:58 am

    In 457 visa can i study while working. I got my visa 2 weeks before and am going to come australia very soon, but i wish to complete my studies after coming. Can i study and work???

    • Kristin January 29, 2016 at 5:40 pm

      Hi Arshad, yes, it is possible to study while you are working on a 457 visa. However, you must maintain full-time work under the conditions of your sponsorship, so it may be very difficult to try to take on a full-time course at the same time (just something to consider). Good luck!

  206. Hemant Bakshi February 1, 2016 at 7:37 pm

    Hi All

    If you could help me get a clarity on the issue mentioned below.

    I have a total of 7 yrs of work experience .

    However when applying Australian immigration, I learnt that off 7 years of work experience my 3 months of work experience will not be counted since I held Australian 457 visa for a period of one year.

    but My Emplyment continued with my offshore client and not with the Australian Counter parts and I visited Australia only for project related work for a period of 84 days.

    Neither I was on the payroll of he Australian counter parts and neither I was paid my salary in Australia.

    could some one please guide me what is the correct procedure is my 3 months work experience will never be counted.or it will be counted under onshore /off shore employment.

    Please help

    • Kristin February 5, 2016 at 10:18 pm

      Hi Hemant, unfortunately your question is beyond my knowledge of 457 procedures, as I am only someone else that has gone through the process (multiple times). I advise seeking out a migration lawyer or immigration to discuss this issue further. Good luck!

  207. Mark February 27, 2016 at 10:13 am

    Hi Kristin
    If I have a 457 visa and employed by a company in New Zealand can I transfer it to an Australian based company or do I need to reapply again?
    Thank you 😀

    • Kristin March 2, 2016 at 6:40 am

      Hi Mark, unfortunately NZ visas are not transferrable to Australia, so if you want to transfer here, you’ll have to apply for the Australian equivalent. Good luck!

  208. Philisha Chetty March 24, 2016 at 6:40 pm

    Good Day Kristin,

    I recently relocated to Australia on a 457 visa, my partner is the primary holder. We are from South Africa.

    I have been applying for jobs and seem to be hitting a dead end as I get numerous rejection letters and none of the employment agencies seem to want to meet unless there is an interview for a job.

    Aside from the job hunt I would like to study part time. I have heard of the option of studying now and paying later but I am not sure of which institutions offer this. Due to the lack of income, paying for studies would be hard but not having a formal qualification here will not help me get a job.

    I was studying part time in South Africa with the University of South Africa (UNISA) and had just started my second year of my qualification in Bcom Informatics.

    Please can you advise on what I can do in order to get the ball rolling with my career?

    Thank You

    • Kristin March 30, 2016 at 5:28 pm

      Hi Philisha, unfortunately I can’t advise on how to get the ball rolling with your career — I’m simply a person that went through the visa process myself instead of a career advisor. I know it’s tough when you first arrive, but I just kept sending out resumes until I finally did get an interview, and fortunately that company went on to hire me. I hope your luck changes soon!

      As for studying now and paying later, unfortunately that is only an option for Australian citizens and permanent residents. Students from outside of Australia have to pay international student fees, which are payable upfront. There may be other options for you, but I’d highly recommend you talk to a migration agent or someone that specialises in this area to get more advice. Good luck!

  209. Dee Singh March 29, 2016 at 7:24 am

    Hi Kristin. Great advice – I was wondering whether you could answer a few questions please.

    1. I am applying for 457 visa. I have 3 years experience in the job in UK but worked 8 hours per week. Is this sufficient for work experience?

    2. My partner and I have 2 children. Will we have to pay for school fees in Australia ?

    3. Is there an age limit of a 457 visa applicant?

    4. What funds do we have to show for a 457 visa? Me, partner and 2 children

    Thanks!

    • Kristin April 4, 2016 at 6:21 pm

      Hi Dee. Thanks for checking out my post and I hope it was helpful. As for your questions:

      1. Unfortunately I am unable to tell you whether this is enough work experience as, when I applied for the 457 visa, there were no minimum work requirements. I suggest referring to immigration or a migration agent to clarify this.
      2. It is quite likely that you will have to pay school fees as a temporary resident of Australia. I’d recommend checking out the Study In Australia website at http://www.studyinaustralia.gov.au/global/australian-education/bringing-your-children for more detail by state.
      3. As far as I am aware, there is not an age limit on the 457 application and that age limits are only applied when you are applying for permanent residency. Again, though, I recommend double-checking that with immigration to be sure.
      4. I did not have to show any funds to be granted my 457 visa as I was guaranteed employment by my visa. However, as I last went through this application process in 2010, this may have changed, particularly if you have dependents. As mentioned above, I recommend calling immigration or discussing this matter with a migration agent.

      Good luck and I hope the process is as quick as possible!

  210. Shubham April 4, 2016 at 8:23 pm

    Hi Kristin,
    I am on 457 visa and have I recently got married, my company is filing work permit for my wife (she also works in same company) but my company is not sure on when she would require to travel.. Once she gets her visa, can she come as my dependent with the same visa she would already have ? I have heard that there is no difference b/w 457 and 457 dependent visa

    • Kristin April 4, 2016 at 9:35 pm

      Hi Shubham, sorry, I don’t really understand your situation. If your company is already filing for a 457 for your visa, it’s probably best if she comes into the country and stays on that visa. The main benefit she would get out of becoming your dependent is that she would no longer be tied to working for that company. However, to me, it seems easier at this point to just go through the visa process once instead of twice!

  211. Hermalin April 21, 2016 at 8:03 pm

    Hi. Im travelling to Australia next month in 457 skilled visa. Can i look for a job without knowing my present employer to get a permanent job as im interested in settling down in AUS. I will be staying AUS for 6 month only. Please share me your thoughts in this

    • Kristin April 27, 2016 at 10:22 am

      Hi Hermalin. Yes, it is possible to look for another job while on a sponsored visa. You will need to ensure that the new employer is willing to sponsor you. Then you can transfer your visa to a new employer (provided your new job is in the same field, otherwise you may have to apply for a new visa).

  212. Kristin April 27, 2016 at 10:33 am

    Comments on this post are now closed. I feel like my initial post plus my 200+ responses to questions below are as much as I can offer on this subject, particularly as I last went through the 457 process in 2010.

    Please read through all of my posts on the subject and search the comments above to see if your particular question has been answered. Please note that all of this advice is from personal experience and should not be construed as official or professional advice.

    If your question has not been answered, please call immigration or search for a migration lawyer in your local area that you can consult with. Please do not contact me. As stated above, I cannot offer professional advice on visa matters and I no longer have the time to answer the daily emails that come through.

    Thanks, and good luck with your visa process.

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