# 457 visa travel restrictions



## sjk (May 11, 2013)

Hi. Can someone tell me how long I can go overseas on a current 457 visa. My visa grant letter says as often as I want but it doesn't tell me for how many days/weeks/months each time.


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## MarkNortham (Dec 19, 2012)

HI Sjk -

No specific travel restrictions on the 457 visa, however you need to remain in the employment of your sponsor. The migration regulations and policy allow for reasonable periods for paid holiday leave, etc. If you are no longer in the employment of your sponsor, you have 90 days to find a new sponsor to take over your 457 visa.

Hope this helps -

Best,

Mark Northam


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## sjk (May 11, 2013)

Thanks for replying mark. Actually I want to go overseas for two months but my employer says I can't go more than one month according to immigration rules. So I was unsure abt it. Thanks again. 😊


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## MarkNortham (Dec 19, 2012)

Hi Sjk -

He's probably referring to migration policy that refers to "typical" paid leave being 4 weeks per year. Will he be paying you while you're gone?

Best,

Mark


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## sjk (May 11, 2013)

No. I don't think so.


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## MarkNortham (Dec 19, 2012)

OK, so that means it's Leave Without Pay (LWOP) - in that case, I would suggest that the employer consult with his/her migration agent to see whether the Business Monitoring unit of DIAC needs to be informed and agree to it. For time under 1 month I don't think it would be an issue, but for more than 4 weeks it's likely that it would need DIAC approval. Another issue is that depending on your salary, if you have a 2 month LWOP, that could bring your annual salary for that year down below the TSMIT level ($53,900 currently) which could create other problems.

Hope this helps -

Best,

Mark Northam


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## sjk (May 11, 2013)

Oh.. Okey.. Thanx for all this useful information you provided


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## landerson (Oct 1, 2013)

MarkNortham said:


> HI Sjk -
> 
> No specific travel restrictions on the 457 visa, however you need to remain in the employment of your sponsor. The migration regulations and policy allow for reasonable periods for paid holiday leave, etc. If you are no longer in the employment of your sponsor, you have 90 days to find a new sponsor to take over your 457 visa.
> 
> ...


Hi Mark,

It was my understanding that 457 Visa holders could not be out of the country for more than 28 consecutive days.

Part of Condition 8107 that a 457 Visa holder must "not cease employment for a period of more than 28 consecutive days" or their visa may be cancelled which, of course, would result in not being allowed back into Australia.

The migration agent that works for my husband's company told us this when we planned a trip back home. We were actually not gone for very long but the agent was very clear on the 28 consecutive days restriction.

Is this not true?

Thanks for your help.


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## CollegeGirl (Nov 10, 2012)

It's my understanding that starting back in July, a new law regulation permits 457 holders 90 days to find new employment should their employment cease, rather than 28. I am unsure whether that also translates to being allowed to be out of the country that long. Hopefully Mark can confirm/clarify.


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## MarkNortham (Dec 19, 2012)

Hi Landerson and CG -

There are 2 different sections of the law regarding ceasing employment under a 457. The new regulation re: 90 days to find a new sponsor (vs 28 previously) is for situations where a person has lost their job, been laid off, fired, etc and is no longer employed by the sponsoring employer and is seeking another sponsor.

Re: taking a trip, that's a completely different area of the law and policy re: 457. A key issue is whether, during the trip, the applicant has "ceased employment". There are specific policy provisions (too detailed to go into here) regarding authorised Leave Without Pay (LWOP) for the 457 visa, and there is no 28-day limit in this area. If the applicant has an approved leave period from the employer, paid or unpaid, it's important to examine the policy in this area to see how this would be evaluated by DIBP.

Perhaps the company's agent needs to do a bit more reading in this area!

Hope this helps -

Best,

Mark Northam


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## landerson (Oct 1, 2013)

Thanks so much Mark. I will get in touch with the company's agent and clarify this with her. I have to say I am disappointed that she gave us false information. Thanks goodness I found this forum and got it sorted.

Cheers.


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## MarkNortham (Dec 19, 2012)

Hi Landerson -

It may have been a misunderstanding - depending on the nature of the leave, would suggest she consult PAM3 "Leave Without Pay - LWOP" policy. There is also policy re: how much "time off" (ie, leave with pay) is permitted - normally this focuses on the normal amount of paid vacation an Australian employee receives (4 weeks per year) and discusses how much beyond that may be OK per policy.

Hope this helps -

Best,

Mark Northam


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