# Changing employers on a 457 visa



## Silentsleeper (Aug 10, 2010)

Can someone clarify the process for changing employers i have found that its not very clear on the immigration website.

From my understanding if the company looking to take over your visa is already an approved sponsor then all they have to do is nominate the position with myself as the person they want to fill the position, once the position falls under a job title in the SOL for employer sponsorship. Then all they have to do is pay the fee for the nomination which is around $70. Is this correct???

Then if they arent an approved sponsor they would have to apply for that 1st before nominating a position? and incure the fee for that also?

Again any help would be greatly appreciated. I have found a lot of employers and agencies are unsure of this process brought in last sept.

Thanks 
Claire


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## Wanderer (Jun 16, 2007)

Pretty much as you say there Claire as referenced to on Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
I think you may also find that the new employer position nominated also matches to what your visa was approved for, there being a reference to within validity of the employee visa.
If it is for a different position, different ENSOL classification I'd expect you would be up for applying for a new visa.


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## Silentsleeper (Aug 10, 2010)

Looks like thats not the case I have just found this:

"From 14 September 2009, 457 visa holders who wish to change employer or position (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa."


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## Wanderer (Jun 16, 2007)

That's what I've said.


> or position (within the validity of their current visa)


 means 


> new employer position nominated also matches to what your visa was approved for, there being a reference to within validity of the employee visa.
> If it is for a different position, different ENSOL classification I'd expect you would be up for applying for a new visa.


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## Silentsleeper (Aug 10, 2010)

thats why im so confused because it doesnt really specify that. But I did just have a "ding" lightbulb moment there. I know what you mean now.

thanks for your help Wanderer sorry if im being a pain


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## aba (Oct 29, 2009)

Silentsleeper said:


> Looks like thats not the case I have just found this:
> 
> "From 14 September 2009, 457 visa holders who wish to change employer or position (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa."


You are correct. You do not have to nominate the same occupation as your current 457 visa.


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## aba (Oct 29, 2009)

Wanderer said:


> Pretty much as you say there Claire as referenced to on Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
> I think you may also find that the new employer position nominated also matches to what your visa was approved for, there being a reference to within validity of the employee visa.
> If it is for a different position, different ENSOL classification I'd expect you would be up for applying for a new visa.


This is not the case. You do not have to apply for a new visa even if the position is different.

Also note that ENSOL is not relevant to the 457 program.


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## Silentsleeper (Aug 10, 2010)

aba said:


> Also note that ENSOL is not relevant to the 457 program.


Why would this not be relevant? from my understanding to nominate a position for a 457 visa you must include an occupation title from the ENSOL. isnt it on the application?

so confusing thanks for your response


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## aba (Oct 29, 2009)

Silentsleeper said:


> Why would this not be relevant? from my understanding to nominate a position for a 457 visa you must include an occupation title from the ENSOL. isnt it on the application?
> 
> so confusing thanks for your response


ENSOL is the list of occupations to nominate for the Employer Nomination Scheme (subclass 121/856) which is for Permanent Residency.

There is a different list for occupations you can nominate under the 457 program.

Although many occupations appear on both these lists they are not the same and do not contain all of the same occupations.

It is confusing and unfortunately Australian Immigration is becoming much more complex. Currently there are so many different lists of occupations which apply to different visas, that it can be difficult to keep up.


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## Silentsleeper (Aug 10, 2010)

Thank you so much. Do you know where i can find the list for 457? 

also I noticed that your a migration agent, if its not to much of your time i have another thread detailing my situation could you possibly give me some advice on that? its called what are our chances. 

Kind Regards
Claire


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## aba (Oct 29, 2009)

Silentsleeper said:


> Thank you so much. Do you know where i can find the list for 457?
> 
> also I noticed that your a migration agent, if its not to much of your time i have another thread detailing my situation could you possibly give me some advice on that? its called what are our chances.
> 
> ...


Hi Claire,

It is probably more efficient for you to give me a call at the office. I will be happy to give you some time and offer some guidance on your situation.


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## Silentsleeper (Aug 10, 2010)

Thank you I will do that.


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## Wanderer (Jun 16, 2007)

Silentsleeper said:


> Thank you I will do that.


Not sure why aba would not post the 457 list but here it is
ComLaw Legislative Instruments - Attachment - Specification of Occupations (IMMI 10/032)
You'll find that many occupations on there are common to ENSOL and it is just easy to link ENSOL as a reference.

*Perhaps he is just touting for business and I'll address that directly to him.*

As to his comment re the requirement for another visa being necessary I've seen agents previously advising that where positions are different it could be the case.
You'll see that the eligibility for a position nomination is that it has to be off the list and then eligibility for an employee is that you have the skills/qualification required for a nominated position.


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## Wanderer (Jun 16, 2007)

aba said:


> Hi Claire,
> 
> It is probably more efficient for you to give me a call at the office. I will be happy to give you some time and offer some guidance on your situation.


Raul,
You do offer very little to this forum in the way of dicussion which is what forums are all about.

I will not see any member here openly tout for business contact and you can PM me on your preference to take up paid advertisements.


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## Silentsleeper (Aug 10, 2010)

Thank you for the link to the list Wanderer much appreciated.

As for Raul I did call him for a chat. he was openly honest to me and gave us great advice and wished me luck. He didnt ask for me to come meet him or use his services. I think he genuinely wanted to help. No strings attached.


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