# 457 transfer processing time



## zouzou123 (Nov 11, 2013)

Hi ,

I am currently living in Australia on 457 visa and have visa valiud till 2016. 
My current contract work ended prematurly few weeks back and luckily I got new offer from another employer and they agreed to sponsor me. 

The nomination from new employer was lodged as of 15 October and am waiting for the nomination to change.. 

Initially I was told the timeline couldbe 2 weeks. yestrady, my new employer's lawyers have requested immigration to expedite the application and informed me that there are some backlogs within immigration in processesing these application.

Could anyone let me know what is the current processing time to change sponsor. I am out of work for 2 months and am kind of desperate right now for the new job to begin due to lack of cash flow.

Regards,
Arun


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## Adam Grey (Nov 8, 2013)

Your lawyers are correct, there is a very large processing backlog in the 457 visa programme stemming from the regulation changes back in July 2013. I would suspect this will get even longer as labour market testing will be introduced on the 23rd Nov and there is likely to be a spike in applications prior to that date.

Any time estimate would be very hit and miss at the moment, but 4-8 weeks would be a realistic expectation based upon recent applications I've seen.

The financial hardship in your case would be a valid reason for expediting the process, which would speed things up considerably.

All the best


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## zouzou123 (Nov 11, 2013)

Hi Adam,

Thanks for your reply.

I just got by nomination change approval from DIAC.
It has taken 4 weeks. Quite good considering the delays seen elsewhere.

Arun


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## Princess1981 (Oct 29, 2013)

Adam Grey said:


> Your lawyers are correct, there is a very large processing backlog in the 457 visa programme stemming from the regulation changes back in July 2013. I would suspect this will get even longer as labour market testing will be introduced on the 23rd Nov and there is likely to be a spike in applications prior to that date.
> 
> Any time estimate would be very hit and miss at the moment, but 4-8 weeks would be a realistic expectation based upon recent applications I've seen.
> 
> ...


hi Adam,
Your info above is also important to me. I have a question here: I'm also on a 457 visa and I'm seeking a new job. Is it compulsory that I've ended up the working contract with my current employer when my new company is lodging the nomination? or the new company can just go directly to submit the nomination while I'm still working under my current employer's sponsorship? and can I only start working for the new company when the nomination approved? Thank you.


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## Adam Grey (Nov 8, 2013)

Princess1981 said:


> hi Adam,
> Your info above is also important to me. I have a question here: I'm also on a 457 visa and I'm seeking a new job. Is it compulsory that I've ended up the working contract with my current employer when my new company is lodging the nomination? or the new company can just go directly to submit the nomination while I'm still working under my current employer's sponsorship? and can I only start working for the new company when the nomination approved? Thank you.


The new company can lodge the nomination while you're still under contract with your current employer, but you cannot begin working for the new company until the nomination is approved.

The DIBP released further information regarding the labour market testing today which will be of interest to your new employer: Temporary Work (Skilled) visa (subclass 457)

All the best,


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## zouzou123 (Nov 11, 2013)

Hi Princess,

Agreed with Adam's view.

From my personal experience, 
as long as
i) there is sufficient valid time left over 
ii) current role doesnt change inspite of job change

your new employer can go ahead and lodge nomination change approval. By privacy act, your current employer will not know about the details of nomination changeor new employer details. If there is any notice period in your current job, you have to manage accordingly. The moment DIAC approves sponsor change, you cannot work for your current employer even if you are in notice period. Personally, I had to forfeit a weeks wages so as to conform with my previous employer notice period contract. 

Please also go through the changes in english knowledge requirement, as this is a new requirement as of Jul 2013. Your new employer's immigration lawyer should know about the intricate details.

Arun


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## Adam Grey (Nov 8, 2013)

zouzou123 said:


> From my personal experience,
> as long as
> i) there is sufficient valid time left over
> ii) current role doesnt change inspite of job change
> ...


It does make it easier if the new role is similar to the previous one, however it is not a requirement.

If the role is different you simply have to demonstrate that you meet the required skill level for the new role through qualifications and/or employment experience, as you would if you were applying for a new 457 visa.


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## zouzou123 (Nov 11, 2013)

Thanks Adam for correcting me.


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## Princess1981 (Oct 29, 2013)

zouzou123 said:


> Hi Princess,
> 
> Agreed with Adam's view.
> 
> ...


Thanks so much Arun for your kind response, which brings me big comforts esp at this very hard, very struggling period.

Do you also remember did your new employer issue you job offer already when they submit the nomination, or only after the nomination is approved, they can give you the offer?

My current status is bit different from yours back then, as I'm still working for my current company, who brought me to Australia years ago. Do you know how long it takes today to process the nomination change? And what's the new requirement for English? IELTS? Thanks.


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## Adam Grey (Nov 8, 2013)

Princess1981 said:


> Do you also remember did your new employer issue you job offer already when they submit the nomination, or only after the nomination is approved, they can give you the offer?
> 
> My current status is bit different from yours back then, as I'm still working for my current company, who brought me to Australia years ago. Do you know how long it takes today to process the nomination change? And what's the new requirement for English? IELTS? Thanks.


An employment offer or contract is a mandatory document that needs to be submitted for the nomination, it won't be approved without one.

Current processing times are anywhere between 3 - 8 weeks due to a large backlog of applications.

Unless you are exempt through nationality, salary, current licensing etc, you are now required to demonstrate a level of English Language proficiency.


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## zouzou123 (Nov 11, 2013)

Hi princess,

Agreed with Adam's view.
The new employer can submit foir nomination only after the offer is made & accepted (signed) by you.
Because thats the only way, new employer can show the salary are to the accepted levels set by DIAC.

English requirment differs from indvidual to individuals. There are exemption scenarios based on which country you are from or how much your salary is. 

I would suggest you to look at 457 visa section in Immigration website for the full criterion. You have to work it out yourselves.

My nomination change took 4 weeks after application was lodged by new employer.

I would suggest you to focus on first getting through the interview with prospective employer & if they are ready to sponsor you, then leave the formalities to employer's immigration lawyers/agents as they would be best placed to guide you.

Arun


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## Lemon ginger (Aug 20, 2014)

Hi guys, my new company has lodged the nomination on Monday for my 457. I just wondered if the contract has to be signed? They have posted me the contract but I can't return it since I cannot start the job on time ( didn't know I have to get the nomination approved first).
Do u know the current processing time for 457 transfer?


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## andywhite (Apr 21, 2015)

Hi I am currently in the process to receive sponsorship. Can anyone explain me how long takes the process of a Visa 457 after I submitted the application? Also how long takes the business sponsor application and the nomination? 

Cheers,

Andy


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## gourav (Mar 21, 2016)

Hi,

I am on 457 VISA and got new employer to sponsor my VISA. Just wanted to know, how long I am authorised to stay after the nomination for VISA transfer has been filed with immigration team?

Regards
Gourav


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