# Changing from 417 WH-Visa to 457 Employer Sponsored Visa



## NewbieG (Oct 12, 2009)

I am currently in NSW on a 417 Visa and have procured an employer willing to provide 457 Sponsorship. My partner is currently here on a Tourist Visa and not seeking work. Have 2 queries about this process;

1.) Do I have to leave AUS when applying for the 457, or am I permitted to remain & work while the application is being processed?

2.) Will my de-facto partner have to leave the country for the application process?

Any advice would be hugely appreciated!


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## Wanderer (Jun 16, 2007)

Hi *NewbieG,*
You can apply for a 457 visa and continue to work on a 417 but legally you're still restricted to 6 months with one employer while your 417 is still current, it only being nullified when the 457 is approved.

Your partner can be put down as a secondary applicant on your 457 unless she has on her visa the 8503 No further stay Condition.

If that is the case, you may be able to get a waiver of that, though I've also heard they are rather strict re whether it will be applied or not - Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay" .

If they will not remove the waiver she may have to exit and come back in again on an ETA.

There are also the other partner qualifications to be met, foremost being the 12 months relationship and have a read under eligibility for the visa and all the relevant criteria are listed - Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)


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## NewbieG (Oct 12, 2009)

Thanks Wanderer, much appreciated.


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## Wanderer (Jun 16, 2007)

Just an update on that NG and you might fine it's only a 6 mths relationship requirement for a TR partner.
Have a look at link on Employer Sponsored Workers (e457) - Online Applications


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## NewbieG (Oct 12, 2009)

Hello Wanderer,

One further clarification on your above advice,

You say:
'If they will not remove the waiver she may have to exit and come back in again on an ETA'

My partner is on a one year Tourist Visa with the 'no further stay' clause and therefore will more than likely have to leave the country.

1. Can she just stay out of the country while my sponsorship visa is being processed and re-enter on my 457.
2. From what you say above alternatively she could cancel her current tourist visa (once out of Oz) and then apply for an ETA? Is this then converted as a separate step once she re-enters? Is this an arduous / lengthy process? 

We are together 6 years and so we can more than provide necessary proof.

Thanks,

NG


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## Wanderer (Jun 16, 2007)

*Hi NewbieG,*, re


> 1. Can she just stay out of the country while my sponsorship visa is being processed and re-enter on my 457.
> 2. From what you say above alternatively she could cancel her current tourist visa (once out of Oz) and then apply for an ETA? Is this then converted as a separate step once she re-enters? Is this an arduous / lengthy process?


I believe she could be out of the country while your 457 was processed but it could still be better for her to do something to make sure the NFS tourist visa had been cancelled, applying for the ETA doing that as far as I know.

First however I'd either call Immigration on 131881 or better still, make an appointment or head into the DIAC office of Capital City you're in or nearest to if convenient so as you can discuss a waiver and the worst they can say is No!, but they are fairly accommodating to people prepared to do the right thing.

If you cannot get a waiver for her to be on the 457, they'll certainly be able to confirm what'll cancel the tourist visa.
If she gets an ETA to cancel, she might as well come straight back rather than hang around somewhere waiting a few days or weeks for the 457 to be processed.

Getting an ETA is usually pretty much instantaneous with an application online though she'll need to be from a country on the approved list so check Electronic Travel Authority (ETA) - Online Applications


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## NewbieG (Oct 12, 2009)

Thanks a lot Wanderer, this is very helpful!


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## NewbieG (Oct 12, 2009)

Hello again Wanderer,

I am currently out of Australia in Ireland waiting for my 457 visa to come through. My employer is using an migration agent to process my application.

The case worker initially advised that my app would take 4 weeks, it's been almost 8 weeks now and the feedback I am receiving is that there is a 'backlog'.

I am very concerned over the agents handling of the app. I received some incorrect advice early - ie. that I would not need health insurance because I am Irish, which would be true if I was from Northern Ireland and not the Republic. I also find her English very poor. The agent seems to be junior within her firm and although I have spoken to her senior in her absence I am now finding them non responsive.

I get the impression case workers work on a 'who shouts loudest basis' and I am concerned that the agent has competing applications under review. In other words they prioritise whose app they push hardest if more than one app is with the same case worker. I know that they do have more than one app with this case worker.

Can I request my reference / folio number and contact the case worker directly. I do not currently have this information and would have to request it from the agent. Would stamping my feet a little bring things along or make matters worse. At the moment I am heavily reliant on an agent who is non-responsive. I really need to commence employment asap.

I would appreciate your advice.

Many thanks,

NewbieG



Wanderer said:


> *Hi NewbieG,*, re
> 
> I believe she could be out of the country while your 457 was processed but it could still be better for her to do something to make sure the NFS tourist visa had been cancelled, applying for the ETA doing that as far as I know.
> 
> ...


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## Wanderer (Jun 16, 2007)

NewbieG said:


> Hello again Wanderer,
> 
> I am currently out of Australia in Ireland waiting for my 457 visa to come through. My employer is using an migration agent to process my application.
> 
> ...


It may not be too much longer seeing as it is already eight weeks and that is the current best estimate from Client Service Charter > working in Australia and you can always get variations.
I can recall posts late last year that 457s were being granted in a week in some locations, more the exception than the rule but with the 457 having become even more the favoured approach with the focus by Immi on employer sponsorship as top priority, I also had seen some reports on the time-frame lengthening as more applications were received.

We are also approaching the end of the financial year and it is likely that all visa classifications are getting towards the annual budgeted number and thus processing rate will slow.
If that is reached in the next few weeks, it'll be a wait to at least July01 at least.

I'd not get hung up too much about the feet stamping for Immi does not normally take heed of that and as for the agent's geography, I've even known of a CO demanding a NI resident get an Irish PCC, geography not always a strong point!

Hang in there and may the wind soon be blowing on yer back.


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