Unusual situation with 457 visa

[GM89]

Hi everyone

 

Long story short:

 

I accepted a job with a company and they sponsored me to get a 457 visa, which was approved.

 

I then got an offer from another company (which I wanted more). I told them the other company had sponsored my visa but they said they would apply for one themselves.

 

I don't understand.. surely I already have a visa and cannot apply for another. Or will the first company cancel my visa.

 

Any info would be gratefully recieved.

 

Thanks!

[lebourvellec]

There are 3 parts to the 457 visas.

1. the employer becomes a business sponsor

2. they nominate a position

3. the employee gets a visa which is linked to the nominated position.

 

THe visa is yours - your 1st employer cant cancel the visa only the nomination.

 

SO if the 2nd company nominates you - they take over your 457 visa.

 

You wont need to re-apply for a new visa - its just a change in the nomination. If your second emplyer is already a business sponsor this should happen quickly.

[GM89]

Thanks for your reply..it makes more sense now.

 

Then I do not know why the second company is getting me to apply for a new visa, despite the fact I explained that I already had one.

[lebourvellec]

Not sure - maybe they should speak to an agent - as it is just a case of taking over your 457.

 

 

[h=3]Changing your employer or occupation in Australia[/h] If you want to change your employer or occupation you are not required to apply for a new visa (unless your visa is close to expiry).

However, before you can start working for a new employer or in a new occupation, you must be nominated by your proposed new employer and have that nomination approved first.

If you start working for your proposed new employer or in your new occupation before the nomination is approved, you will be in breach of visa condition 8107 and your subclass 457 visa may be cancelled.

The approval of a new nomination only allows you to change your employer or occupation. It does not extend the term of your subclass 457 visa nor does it change the conditions that are attached to your subclass 457 visa.

It is your responsibility to ensure that you have a valid visa to remain in Australia at all times. You can check your visa conditions and expiry date of your visa through Visa Entitlement Verification Online (VEVO).

 

http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employee.htm

[Raul Senise]

Thanks for your reply..it makes more sense now.

 

Then I do not know why the second company is getting me to apply for a new visa, despite the fact I explained that I already had one.

 

 

I would advise caution before quitting from the first sponsor/employer.

 

If the second company is not an approved sponsor, there is no guarantee that they will meet the requirements to become one.

 

The fact that they want to apply for another 457 visa for you, seems to indicate that they are not well versed in the requirements of the 457 program.