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tobleroney

Can you change employers on 457 visa without a work break?

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Hi everyone,

 

I am having to change my employer due to the position no longer being avaiable. I have found a new employer and am currently working my notice at my old employer. The problem i have is that i have a family of four to support as my husbands wage does not cover our bills, and i am being told that after i have finished with my old employer i will have to wait the time it takes to transfer the sponsership (which immigration are quoting takes three months currently) until i can work with my new employer.

 

This is a problem as the new employer needs someone to start immidiatly as it is an urgent position and also if i dont work we will not be able to cover our outgoings.

 

Any help or suggestions would be very welcomed.

 

thank you Toni

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Sorry i don't know the answer, however that does seem a very long period. Have a look at the government website and see what it says on 457 visa exchange. Good luck


TRA Skills Assesment submitted 26/01/12:rolleyes: TRA Approved 26/05/2012, IELTS-L8.5 R9 W8 S9, EOI submitted 09/08/12. WA SS Approved 12/9/12, CO assigned 27/09/12, medicals and PCC 07/11/12, meds referred, medicals finalised 04/02/13, Visa granted 06/02/13.

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Have a look at this:

 

[h=2]Applying for a new visa or changing employer[/h]If you have an employee who wants to apply for a new visa (where their current visa is about to expire), the employee must lodge a new visa application.

If you want to change employer or position (within the validity of their current visa), you are not required to apply for a new subclass 457 visa.

See: Applying for this visa

 

http://www.immi.gov.au/skilled/skilled-workers/sbs/how-the-visa-works.htm


TRA Skills Assesment submitted 26/01/12:rolleyes: TRA Approved 26/05/2012, IELTS-L8.5 R9 W8 S9, EOI submitted 09/08/12. WA SS Approved 12/9/12, CO assigned 27/09/12, medicals and PCC 07/11/12, meds referred, medicals finalised 04/02/13, Visa granted 06/02/13.

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Thanks Greggers i will read it all to see if i can get any further. :) i have battled for 12 months and cant wait until i can prove my skill in 12 months time and go for PR. :)

 

thanks again

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Found some more for you:

 

[h=2]Visa conditions[/h]If your application for a temporary visa is approved, the following visa condition, known as Condition 8107, will be applied to your visa. This visa condition relates to work conditions and stipulates that you must work:

 

  • in the occupation you were nominated for; and
  • for the sponsor, or an associated entity of the sponsor (except for exempt occupations). Further information is available on ComLaw (IMMI 10/030).
    See: ComLaw

If you do cease employment, you must not cease for more than 28 consecutive days. You are considered to have ceased employment when either you, or your employer gives notice of intention to cease employment and the date of the notice of intention to cease employment has passed. If more than 28 consecutive days have passed since the date in the notice of intention to cease employment, you may be in breach of Condition 8107 and may have your visa cancelled. In the event that you abandon your employment, or are absent without leave (AWOL), you may be considered to have ceased employment.

If your visa is about to cease, and you want to apply for another Subclass 457 visa, you must lodge a new visa application.

From 14 September 2009, if you want to change employers (within the validity of their visa) you will not be required to apply for a new Subclass 457 visa, however a nomination must be lodged and approved by your new sponsor.


TRA Skills Assesment submitted 26/01/12:rolleyes: TRA Approved 26/05/2012, IELTS-L8.5 R9 W8 S9, EOI submitted 09/08/12. WA SS Approved 12/9/12, CO assigned 27/09/12, medicals and PCC 07/11/12, meds referred, medicals finalised 04/02/13, Visa granted 06/02/13.

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I am not really sure how the transfers go, but many 457 are much quicker than 3 months.

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Guest nazgul

Dear Toni

Have you find an answer to your question?

I am in a quiet similar situation.

Thanks

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Hi everyone,

 

I am having to change my employer due to the position no longer being avaiable. I have found a new employer and am currently working my notice at my old employer. The problem i have is that i have a family of four to support as my husbands wage does not cover our bills, and i am being told that after i have finished with my old employer i will have to wait the time it takes to transfer the sponsership (which immigration are quoting takes three months currently) until i can work with my new employer.

 

This is a problem as the new employer needs someone to start immidiatly as it is an urgent position and also if i dont work we will not be able to cover our outgoings.

 

Any help or suggestions would be very welcomed.

 

thank you Toni

 

To change employer while the holder of a 457 visa, the new employer needs to have a 457 nomination approved for you.

 

You can commence employment with the new employer once this 457 nomination has been approved.

 

If done correctly, a 457 nomination normally takes 1-3 weeks for processing.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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