# Does your 457 Visa Stay Valid If You Switch Employers?



## drz (Sep 23, 2009)

If an employer sponsors me for a defined period of time, will I still retain my 457 visa, if I switch employers during that period?

Does a 457 bind me to one employer?


I was on the IMMI site a month ago and it said 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.

However I checked yesterday and it said this:

From 14 September 2009, 457 visa holders who want to change sponsors or nominated positions (within the validity of their current visa) will not be required to apply for a new Subclass 457 visa.


So what does this chunk of text mean exactly? Can I switch employers during my sponsorship or am I bound to the one employer during the length of the visa?

Thanks


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## BigD (Dec 23, 2009)

As I understand it (and I am currently trying to get my 457 side of this fiasco cleared with a approved sponsor), any company that wants you needs to have an approved sponsorship from immigration to host you. i'll check with the company that is sponsoring me cause they have had transfers in the past. Note this is in NSW, not sure if it changes in the other territories.


EDIT: Yes, your 457 stays with you. Now, the company in question needs to get approved to be a foreign sponsor, THEN nominate YOU as a future employee. Hope that helps.

Cheers, D


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## Wanderer (Jun 16, 2007)

Have a read of Visa Conditions on http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employee.htm , it being much as BD says.

Yes, you can switch employers but new employer needs to have been approved and had a nominated position approved, not you necessarily mentioned but the nominated position needs to be of same type/occupation that your visa is for [ hence term - within validity of your visa ].


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## xdorota (Dec 1, 2009)

All of the above is true, just remember, that, depending on whether you wish to apply for PR and on what grounds, it may affect your eligibility for permanent residence. If you are not interested in PR then no problem.
Hope it helps,
Dorota


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## sganguly09 (Dec 30, 2009)

Dear Dorota,

Are there any restrictions on applying for PR when I am in Australia with a 457 visa ?

Thanks,

Ganguly


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## xdorota (Dec 1, 2009)

There is no restrictions, you can apply either onshore or offshore provided you qualify for any of the visa classes. Most people coming here on 457 take the advantage of lower requirements including English if they apply for the employer sponsored PR. I have no idea what your plans are, whether you want to apply for PR and what visa you want to apply for, so I can't help any more. Your info is very general and so the answers have to be.
Regards,
Dorota


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## sganguly09 (Dec 30, 2009)

Thank you very much for the prompt reply.
I am a Civil Engineer and I have the basic qualifying points for the GSM visa.
I would like to know that if I go to Australia with a 457 visa, can I apply for Skilled - Independent (subclass 885) PR visa while working there ? 
If not, then while working there, what other PR visa options do I have ?
Your advice will help me a lot to decide on the future path.

Regards,

s.ganguly


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## xdorota (Dec 1, 2009)

You could qualify for 885 if you complete 2 yrs study in Au, I don't think this is what you want to do. You'll be able to apply, whilst working in Australia, for an offshore GSM 175 or State Sponsored 176. The wait is quite long, possibly three to four years, shorter with the State Sponsorship. You should aim at trying to get employer sponsored PR. Whether you qualify or when you will qualify for PR depends on other factors: assessment of your qualifications, experience, whether your employer wants to sponsor you for PR, etc. It looks like you don't know what you want and don't yet have a sponsor, so it is too early to think about it.
Regards,
Dorota


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## sganguly09 (Dec 30, 2009)

Since, the GSM 175 or 176 will take a long time to get processed, so I was wondering if there are other options of applying for PR visa from Australia, which may take lesser time. 
I am preparing for GSM 175 application. 
My final aim is getting a PR. For this, I am trying to explore some other options of getting a PR.
Although getting employer sponsored PR is the best option (as you said), but in the present economic scenario, it is difficult.
So you suggest that in order to get a PR visa, it is better to apply offshore GSM 175 or 176 ? 

Regards,
S.Ganguly


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## Wanderer (Jun 16, 2007)

As a qualified Civil Engineer you'll be on the CSL as it currently is and so it would not be three to four years as Xdorota advises but more like 12 months.

The 175 and 176 are both offshore visas and though you can apply for them while in Australia, you need to leave to have them granted.

Your first step in considering an independent GSM will be to have your qualifications assessed by the IEA, separate process to immigration.

Unless you want to apply for a student visa to study in Australia for two years and then see if you're eligible for the onshore 885/886 you are best to go for the 175/176 or alternately see if you can find an employer to sponsor for 457 and/or ENS/RSMS.

Anybody considering immigration should have a good read of all available information starting with Workers - Visas & Immigration
Read all links and particularly sections on *eligibility* and *applying for this visa*


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## sganguly09 (Dec 30, 2009)

Thanks a lot Wanderer for your valuable inputs.
Now, as you have said, I feel that it is better to apply for 175 or 176 visa and its worth the wait. 
But in the meantime, while my applications are in process, if some sponsorships for 457 comes my way, do I need to make a new application ? Will that bring my 175 / 176 application to an end ? 
Your valuable inputs will help me a long way to take some crucial decisions.
Wishing you a very happy NEW YEAR !!!

Regards,
S.Ganguly


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## Wanderer (Jun 16, 2007)

You can apply for a 457 visa and still retain your 175/176 application to be considered in due course.
The 175/176 in being an offshore visa means when it becomes ready for granting you'll be advised to take a trip out of Australia so it can be granted.


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## pipike (Jan 7, 2010)

*Changing employers*

Hi,

I would appreciate if someone could help me understand the changes of the 457 visa. I am currently holding 457 visa for 1,5 years now nominated as a project manager in service industry ( not construction). I do not quite understand if I want to change employers whether my previous nominated position could be nominated now under the new occupation list. It has the occupation project or program administrator. What I do is more like a combination of project "administrator " and quality assurance manager. My exact title on my contract is senior project manager. 
Anyone has any info whether this could be nominated under the new scheme. 
Thanks for your help in advance
pipike


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## Wanderer (Jun 16, 2007)

I expect you'll need to stick with something that is an occupation classification and then if the company has a different title for a position, that's really up to them.

The main thing will be that your duties are a reasonable match with that of the occupation classification.


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## amman2k31 (Oct 25, 2012)

*457 change of Employer- Can previous sponsor get my visa cancelled?*

Hi All,

I am on 457 for last 8 months and now my current project ends here so i have to return back but i am interested in staying here. My current employer/sponsor doesn't have any project for me here so I have to return back. I have an option to find a new job with employer who can get my 457 sponsorship transferred to make me eligible to stay here but I have few question here. If i don't inform my current employer/sponsor about my new employment (because they won't let me do so) so:-

Can i get my sponsorship changed while I am still employed with my current sponsor/employer assuming that I get a new appointment letter from a company who is ready to get my sponsorship transferred?
If my old sponsor get to know this, can they get my 457 cancelled when I am still employed with them?
If after my 457 transferred to my new employer, can my previous employer get this cancelled?

I will appreciate your comments on this.

Regards- Amman


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## coming2oz (Nov 13, 2012)

xdorota said:


> All of the above is true, just remember, that, depending on whether you wish to apply for PR and on what grounds, it may affect your eligibility for permanent residence. If you are not interested in PR then no problem.
> Hope it helps,
> Dorota


Hi. I know its a pretty old thread and not sure if it is still being monitored.
Happy to ask my question on a new thread, if needed.

You said that changing employers on 457 may impact the PR proceedings. I am on 457 and thinking of changing employers. My skill assessment is in progress at the moment.

Do you suggest that it may have an ill-effect on my visa application / EOI ?

Many Thanks


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## 457holder (Nov 5, 2012)

I switched from business analyst (my 457 approved occupation, initially) to technical writer at another sponsoring employer without having to make a new 457 application. The company just got approved as a sponsor and brought me on, no drama.


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## peteecc (May 26, 2011)

My visa was for 4 years and the company that employed me informed me that they could no longer afford to pay me. I found another sponsor and they employed me, my new employer informed me that my visa was only valid for 1 year from date of new appointment. Am confused as my old 457 still had 3 1/2 years to run. My employer informed me that this was because immigration had been told the reason I left was because I had resigned and not for the reason I was given. Does this mean that my old employer lied to immigration and have I any redress to get my visa time back ? Thanks


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