Help - Guide to the 457 visa

[Shaugn]

Folks,

I've seen a couple of really unfortunate stories lately regarding people holding a 457 visa. I'm not the expert and I hope someone who is will do an article and pin this to the top of the forum.

My perception is that many who are granted the 457 assume that they are migrating, and perhaps this is where it all comes unstuck.

The 457 is in essence a work permit. It by itself does not imply or mean migration (at least this is my understanding).

To migrate while holding a 457, you need to apply for a different visa e.g. ENS186 under the Temporary Residence Transition Stream or other types reserved for immigration, depending on your particular circumstances.

This is not meant to frighten anyone away from the 457, but rather to ensure that 457 holders are aware of the facts, and can put plans in place to move to a "migration" visa should this be the end goal.

Australia is not sympathetic to a breach of visa conditions, and should you leave the employment of your 457 visa sponsor, under current rules you have 60 days to get a new sponsor (i.e. an employer to sponsor you). This can be tough! Failing to do this means packing up and going back to RSA.

Also, if you are planning to apply for a permanent migration visa, be aware of how long it takes. You may well run out of time between when your 457 expires and the granting of a new visa.

The points system still applies - so make sure you are on the CSOL, have the experience, and perhaps pick up a qualification here to increase your points.

All these things (and I'm sure they can be added to) factor in decisions around selling up house in RSA, buying stuff in Aus, and not letting the time get away from you when you are here. Forgetting to apply or leaving it to the last moment can have dire consequences.

Perhaps I'm jousting at windmills here, but it seems kind of sad to to see families coming here and then it all goes belly up!

[FingersCrossed]

@Shaugn - yeah I couldn't agree more - people need to be aware of all the pro's and con's for the visa that they are applying for. I know of someone who went to Australia on a 457 and after a month of two, they were told that it was not working out. They then tried for 2 and a half months to find a new sponsor which they had difficulty in as the new sponsor had to be in the same industry as the visa occupation. 

In the end, they had to leave Australia and go back to the UK. 

It cost them a lot of money especially since they had flown their pets over with them.

[NicoletteJ]

Thanks for starting this thread. I was hoping someone on this forum could answer this question I have about a 457:

 

---> If you are on a 457 in Australia (let's say that I get a job at a hospital as a Psychologist) are you allowed to do other work that generates an income (for example, work in a private practice on a Saturday morning). I understand that my employer (the hospital) would have to agree to me taking the extra work, but will it be allowed on a 457?

[Shaugn]

Don't think you can.

See https://www.border.gov.au/Trav/Visa-1/457-#

Condition 8107

Primary visa holder can only work for the sponsor, who nominated the position you are working in (if your sponsor is a standard business sponsor and is an Australian business, you can also work for an associated entity of the sponsor)

[Duggen]

No you can't. On a 457 you can only work for your sponsor.

[Eyebrow]

I have long wanted a separate topic on the forum for 457 visa holders. It is just a whole different kettle of fish.

PR holders stress while they are still in RSA about whether they are going to get it or not. While 457 visas are relatively easy to get, but you have years of stress within Australia, because you never know if you will lose your job, or whether you will be able to stay at the end of it...

 

Most of what one reads on this forum (esp if you are new and not clear), relats to the PR visas.

 

There are only a few occupations that , on the 457, are exempt.They may work for employers other than their sponsor, as long as it is still in the nominated occupation. The legal document is in the link.

 

https://www.legislation.gov.au/Details/F2010L01412

[TeeTMI]

On 17/02/2017 at 5:26 PM, Eyebrow said:

There are only a few occupations that , on the 457, are exempt.They may work for employers other than their sponsor, as long as it is still in the nominated occupation. The legal document is in the link.

 

https://www.legislation.gov.au/Details/F2010L01412

 

Just to update the above legislation has since been updated  https://www.legislation.gov.au/Details/F2013L01244

 

Just to add to the mix, if your long term aim is permanent residence do check there is a pathway for you.  Whilst many employers may have or appear to have good intentions to assist with permanent residence further down the line this is not always possible (employer/visa holder may no longer meet eligibility and/or employer may no longer be willing). 

So it can be useful to check if there are independent options for you as well in case you want/need to use them.  Note this may not be an option for everyone as some people may need to spend time on a 457 before they can become eligible. 

 

If your long term aim is PR it can be useful to consider the complete pathway (the other potential options) and the risks.