elliscg Posted August 28, 2012 Share Posted August 28, 2012 Hi all, I've been round and round in circles on IMMI and forums looking for a definitive answer to this but no joy. Currently on a 457 visa since 24/11/2010 and have recieved a job offer. I'm looking for clarification on what has to be done to transfer my 457 to new company. I'm unsure if they are an approved sponsor. The most information I can find officially is - [h=4]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). Is it just a case of the employer (if not an approved sponsor), filling in steps 1 and 2 as in a traditional application or is there a seperate transferring process? Link to comment Share on other sites More sharing options...
sussex boy Posted August 28, 2012 Share Posted August 28, 2012 Hi there, are in a regional area or city? If the new employer is willing to jump though a few hoops to hire you, then maybe ask if they are willing to front the $400 dollars needed to nominate you ror and rms or rsms type visa? Link to comment Share on other sites More sharing options...
elliscg Posted August 29, 2012 Author Share Posted August 29, 2012 I'm in Melbourne. Cost isn't really an issue, just not sure how you differentiate between a transfer of an existing and a new 457 application. It's not particularly clear. Link to comment Share on other sites More sharing options...
Avvy Posted August 29, 2012 Share Posted August 29, 2012 So, the new employer needs to send in a nomination application for you to work for them. If you are staying working under the same job title, and you have a decent amount of time left on your current 457 visa, (Eg, 2 years left on a 4 year visa) you will not need to re-apply for your side of the visa. If this job is for a new job title, you will need to re-apply for your visa under the new job code with the relevant back up documents for it. Also, if oyur visa is close to running out, you should re-apply for your visa to renew it. You could go the route of Employer Sponsored Migration, but you will need to get quite a few extra documents etc to reapply for a new visa under this classification. Link to comment Share on other sites More sharing options...
wrussell Posted August 29, 2012 Share Posted August 29, 2012 Hi all, I've been round and round in circles on IMMI and forums looking for a definitive answer to this but no joy. Currently on a 457 visa since 24/11/2010 and have recieved a job offer. I'm looking for clarification on what has to be done to transfer my 457 to new company. I'm unsure if they are an approved sponsor. The most information I can find officially is - Changing your employer or occupation in Australia 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). Is it just a case of the employer (if not an approved sponsor), filling in steps 1 and 2 as in a traditional application or is there a seperate transferring process? If you are transferring to an associated company you might not have to do anything. May I suggest that you put the full facts of your case to a registered migration agent for an assessment? Link to comment Share on other sites More sharing options...
elliscg Posted August 29, 2012 Author Share Posted August 29, 2012 So, the new employer needs to send in a nomination application for you to work for them. If you are staying working under the same job title, and you have a decent amount of time left on your current 457 visa, (Eg, 2 years left on a 4 year visa) you will not need to re-apply for your side of the visa. If this job is for a new job title, you will need to re-apply for your visa under the new job code with the relevant back up documents for it. Also, if oyur visa is close to running out, you should re-apply for your visa to renew it. You could go the route of Employer Sponsored Migration, but you will need to get quite a few extra documents etc to reapply for a new visa under this classification. Thanks for that. So I should just point them to this https://www.ecom.immi.gov.au/visas/business/unknownUserMenu.do?formId=NOM The job is going to be the same title and I imagine the business is already an approved sponsor given the size. I have around 18 months left on my current 457 and currently have an EOI in for a 189 visa which I plan to carry on with under the new company, if anything to avoid this stuffing around in future. How do IMMI know I have moved companies? I don't recall there being anything in that application nomination which mentioned an employer by name? Link to comment Share on other sites More sharing options...
elliscg Posted August 29, 2012 Author Share Posted August 29, 2012 So, the new employer needs to send in a nomination application for you to work for them. If you are staying working under the same job title, and you have a decent amount of time left on your current 457 visa, (Eg, 2 years left on a 4 year visa) you will not need to re-apply for your side of the visa. If this job is for a new job title, you will need to re-apply for your visa under the new job code with the relevant back up documents for it. Also, if oyur visa is close to running out, you should re-apply for your visa to renew it. You could go the route of Employer Sponsored Migration, but you will need to get quite a few extra documents etc to reapply for a new visa under this classification. Thanks for that. So I should just point them to this https://www.ecom.immi.gov.au/visas/business/unknownUserMenu.do?formId=NOM The job is going to be the same title and I imagine the business is already an approved sponsor given the size. I have around 18 months left on my current 457 and currently have an EOI in for a 189 visa which I plan to carry on with under the new company, if anything to avoid this stuffing around in future. How do IMMI know I have moved companies? I don't recall there being anything in that application nomination which mentioned an employer by name? Link to comment Share on other sites More sharing options...
elliscg Posted August 29, 2012 Author Share Posted August 29, 2012 Form 1196n is my friend. Thanks for your help folks. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 29, 2012 Share Posted August 29, 2012 Hi all, I've been round and round in circles on IMMI and forums looking for a definitive answer to this but no joy. Currently on a 457 visa since 24/11/2010 and have recieved a job offer. I'm looking for clarification on what has to be done to transfer my 457 to new company. I'm unsure if they are an approved sponsor. The most information I can find officially is - Changing your employer or occupation in Australia 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). Is it just a case of the employer (if not an approved sponsor), filling in steps 1 and 2 as in a traditional application or is there a seperate transferring process? If the new employer is already an approved sponsor, they only need to lodge a 457 nomination application, nominating you in the position. Once the new nomination is approved, you can commence with the new employer/sponsor. Your current 457 validity will remain the same. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 29, 2012 Share Posted August 29, 2012 If this job is for a new job title, you will need to re-apply for your visa under the new job code with the relevant back up documents for it. This is not the case. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 29, 2012 Share Posted August 29, 2012 Thanks for that. So I should just point them to this https://www.ecom.immi.gov.au/visas/business/unknownUserMenu.do?formId=NOM The job is going to be the same title and I imagine the business is already an approved sponsor given the size. I have around 18 months left on my current 457 and currently have an EOI in for a 189 visa which I plan to carry on with under the new company, if anything to avoid this stuffing around in future. How do IMMI know I have moved companies? I don't recall there being anything in that application nomination which mentioned an employer by name? The nomination is linked to an approved sponsorship on application. Form 1196n is my friend. Thanks for your help folks. There is more to a 457 nomination application than filling out form 1196N. The company will need to show, among other requirements, that the position meets Market Rate and TSMIT requirements. Link to comment Share on other sites More sharing options...
elliscg Posted September 6, 2012 Author Share Posted September 6, 2012 The nomination is linked to an approved sponsorship on application. There is more to a 457 nomination application than filling out form 1196N. The company will need to show, among other requirements, that the position meets Market Rate and TSMIT requirements. Thanks Raul. The company is already an approved sponsor and as my current position already meets the requirements and this is the same position ANZSCO wise and an improvement in salary conditions I don't foresee issue in that respect. Link to comment Share on other sites More sharing options...
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