457 spousal, ability to work

[hubbert0403]

I have been to 2 interviews both of which have basically said I am not allowed to work on a 457 visa if it was my husband who was sponsored.

I know this is wrong but cant find details in black and white, does anyone knows link I can get info from?

[Notts]

Page 41 of the 457 booklet (http://www.immi.gov.au/allforms/booklets/books9.pdf) says the only condition attached to the secondary applicant's visa is the one that requires them to maintain health insurance i.e. there are no work restrictions on the visa.

 

The last paragraph on this page http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employee.htm states clearly that family members are allowed to work.

[Tickled Pink]

Yep, they are talking absolute rubbish! You are fully entitled to work. Some jobs may require PR, usually Government type work, but this is relatively rare.

[Redrover]

You are entitled to work but your right to stay in the country (and therefore work) depends on whether your spouse holds down their job and/or finds another sponsor quickly if they don't. Prospective employers may be wary of employing you as your right to work depends on an external situation they have no control over.

[Quoll]

You may work but whether an employer is prepared to employ you is another matter altogether. Lots of stories on here, sadly, where 457 dependents just don't get a look in to employment.

[Tickled Pink]

You may work but whether an employer is prepared to employ you is another matter altogether. Lots of stories on here, sadly, where 457 dependents just don't get a look in to employment.

 

There are the others who are successful too though! Although I became PR in Jan, I was a 457 spouse prior to that. My employer took me on almost immediately after arrival, and I have been employed ever since.

[Libbysmummy]

I got the first job i applied for and its part time perm not casual, they never even asked about visa, my husband is on 457 visa! If there that ignorant probably not worth working for, i'm sure you'll get a great job soon x

[paisleylass]

3 senior technical posts at my work were recently filled by two 457 dependents and one internal candidate. No issues, just as long as visa expiry is after the end of the contract )

[Guest]

You cannot be employed in a permanent position on a 457 visa, however a temporary or fixed term contract for the duration of the visa is fine. If they were permanent jobs you applied for technically they were correct.

[RockDr]

You cannot be employed in a permanent position on a 457 visa, however a temporary or fixed term contract for the duration of the visa is fine. If they were permanent jobs you applied for technically they were correct.

 

Actually they weren't correct, there's no reason you can't be hired on a permanent contract, since permanent contracts are actually indefinite contracts with specified notice periods. I was hired on a permanent contract when I was on a working holiday visa, no problems watsoever, and that's an even more temporary visa than the 457.

[Tickled Pink]

I agree with RockDr, academics are routinely bought over on 457's for permanent positions, PR is then filed for after a few months.

[Libbysmummy]

mines a permanent position

[Guest]

Actually they weren't correct, there's no reason you can't be hired on a permanent contract, since permanent contracts are actually indefinite contracts with specified notice periods. I was hired on a permanent contract when I was on a working holiday visa, no problems watsoever, and that's an even more temporary visa than the 457.

 

Maybe it is different in other states (I'm WA) but my employer could not appoint 457 holders to permanent roles, the role itself was permanent but the person appointed to the role was on a fixed term contract acting in that role. They then became permanent once they got PR. It was of no benefit to the employer, it was a legal requirement.

[RockDr]

Maybe it is different in other states (I'm WA) but my employer could not appoint 457 holders to permanent roles, the role itself was permanent but the person appointed to the role was on a fixed term contract acting in that role. They then became permanent once they got PR. It was of no benefit to the employer, it was a legal requirement.

 

Sounds like your employer may have had it wrong. I know of several 457 dependents on permanent contracts, in SA, QLD and WA.

[northshorepom]

You cannot be employed in a permanent position on a 457 visa, however a temporary or fixed term contract for the duration of the visa is fine. If they were permanent jobs you applied for technically they were correct.

 

As per above posts - that's not correct

 

I have a permanent position but am on a 457. So is my sister in law (who has been here 7 years on 457s now)

 

It's no issue. Your employer had it wrong Jules. We have lots of people in WA in the same position fwiw, so it's not state dependent (visas/migration are a federal issue anyway)

[Guest]

Given who my employer was it is highly unlikely they were wrong, I could probably hunt down the relevant act of parliament but to be honest it makes no difference to me - I am PR now and work elsewhere, I was only seeking to help. If there are employers willing to offer permanent contracts to temporary residents (whether legally valid or not) that's good news for the OP.

[Mongrel]

As per above posts - that's not correct

 

I have a permanent position but am on a 457. So is my sister in law (who has been here 7 years on 457s now)

 

It's no issue. Your employer had it wrong Jules. We have lots of people in WA in the same position fwiw, so it's not state dependent (visas/migration are a federal issue anyway)

 

What rubbish , your employer sponsors you for 4 years on a 4 year contract , most health contracts are 2 years on 457 visas , it's not permanent but a four year co tract but not casual employment

[northshorepom]

What rubbish , your employer sponsors you for 4 years on a 4 year contract , most health contracts are 2 years on 457 visas , it's not permanent but a four year co tract but not casual employment

 

It's not rubbish. I have a permanent job (NOT a fixed contract) on a 457. As do many many others I know of, and plenty I employ!

 

Yes, the visa has an expiry date. We support our employees in applications for PR visas in the interim....Or arrange another 457 if both parties want to remain on that.....or terminate the contract of employment if they want to go home at the end of the 457 term

 

Just because the contracts YOU are familiar with are fixed term ones, doesn't mean all are or have to be. So less of the "rubbish" please

[Rupert]

Given who my employer was it is highly unlikely they were wrong, I could probably hunt down the relevant act of parliament but to be honest it makes no difference to me - I am PR now and work elsewhere, I was only seeking to help. If there are employers willing to offer permanent contracts to temporary residents (whether legally valid or not) that's good news for the OP.

 

 

I don't care who your employer are, they most definitely are wrong. Providing duff information like this is not helping anyone.

 

There is nothing stopping a 457 visa holder taking a permanent position, like others, I know many people in this situation.

 

What rubbish , your employer sponsors you for 4 years on a 4 year contract , most health contracts are 2 years on 457 visas , it's not permanent but a four year co tract but not casual employment

 

Are you suggesting that you understand Nortshorepom's employment contract better than he himself does? Pretty arrogant.

[paisleylass]

Has anyone stopped to think that contract length is determined by employer policy, not by the visa conditions? Private companies may sponsor on a permanent contract, whereas government generally can not - which covers an awful lot of health jobs.

[fifi69]

I too have been offered a permanent position on a 457, also know other people who are in permanent employment on this visa.

 

Agree that there does seem to be a lots of vacancies just not open to 457 holders. PR or citizens only.

 

Ive found a lot of potential employers are confused by the array of different visa's and working rights, the worst example of this was a close friend who was interviewed by a panel of 3 for a large international company for a admin based post. She was asked at the interview what visa she was here on, told them it was her OH's 457 visa, they said no problem.

She was phoned on a Thursday and offered the job, told to report to HR on Monday which meant handing in her notice on her current casual position on the Friday.

 

Upon turning up to HR on the Monday and producing the relevent docs asked for she was basically turned away and told that legally they couldnt employ her on that visa, that she wasnt allowed to work!!

 

To say she was fuming was an understatement and a lot of emails and phone calls went back and forth, with her providing all sorts of links from DIAC etc, even her MARA agent tried to help out by providing information but to no avail.

 

They wouldnt back down, didnt care that she had given up a job, just advised her that she should have waited for something in writing.

 

Although it took her a month or so to find another job, thankfully she did. A permanent position on a 457!!, where all docs had to be produced to HR but there wasnt any probs.