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.
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 28 days to either find another job or leave the country permanently.
28 days is not a long time in which to find a potential employer and go through the entire interview process, but 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.
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.
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.
About KristinI'm Kristin, a Texan born to an American father and English mother. I've been living in Australia since 2008. My first plane flight was when I was three weeks old and I've been hooked ever since. I never feel quite right unless I have a plane ticket (to anywhere, whether it's Sydney or Sweden) booked in my name. You can also find me on Twitter and Facebook.
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I'm Kristin, a Texan born to an American father and English mother. I've been living in Australia since 2008. My first plane flight was when I was three weeks old and I've been hooked ever since. I never feel quite right unless I have a plane ticket (to anywhere, whether it's Sydney or Sweden) booked in my name!
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Great post!!!!
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!
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
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).
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
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?
Can you travel home when on a 457 Visa? I am from Ireland and am going home in july for a wedding
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.
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.
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
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.
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.
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!
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
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.
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.
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.
My boss is selling his business it’s only 6 months I had granted 457 visa now what can I do??
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!
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
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!
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 ?
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!
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.
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!
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
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.
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…
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!
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…
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.
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 .
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.
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.
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.
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.
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.
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
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.
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
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…
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