siandear Posted July 30, 2013 Share Posted July 30, 2013 Hi - I am working on a 457 but feel really unhappy in my job - I would like to leave - does anyone know what implications this would have on my 457 - I cant face going back but think this would jeopodise my 457 unless I follow all the correct notice? has anyone had any expereince of this? Thank you Quote Link to comment Share on other sites More sharing options...
Rupert Posted July 30, 2013 Share Posted July 30, 2013 Well yes of course it would jeopardise your 457, your 457 is dependent upon you working there, it is like a work permit really. You would need to find another employer willing to take over your sponsorship or find another visa, I believe you wil have 90 days to do this, recently increased from 28 days. Quote Link to comment Share on other sites More sharing options...
can1983 Posted July 30, 2013 Share Posted July 30, 2013 join the club! I've had this problem for the past year, no job=no 457 although certainly i've heard they dont enforce the 28 day rule. In any case you can't immediately start working for someone else without doing some paperwork can you find another employer who is willing to take you on? I haven't been able to because my job (Naval Architect) is very specialised and no jobs have actually been advertised in the past year other than defence ones which need citizenship Quote Link to comment Share on other sites More sharing options...
Alaska Posted July 30, 2013 Share Posted July 30, 2013 I think that you have to be employed in the same type of job as well. I would make some enquiries before you resign from your job and try to get another sponsor on board. Good luck. Quote Link to comment Share on other sites More sharing options...
siandear Posted July 30, 2013 Author Share Posted July 30, 2013 I have been offered another job - I didnt mention that - what I really wondered is if the breach of contract would risk my 457 - not the fact I was leaving. I have been feeling unhappy where I am, and couldnt face working the notice out! But obviously I will try to do this as best I can and as difficult as it may be I dont really want to mess anyone around. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted July 30, 2013 Share Posted July 30, 2013 The 457 visa is yours. Your new employer would have to be a business sponsor and nominate the position, taking over your 457 before you can start work there. Not much your employer can do if you dont work your notice period - they can cancel the nomination, but they can not cancel the visa, only DIAC can cancel the visa. Quote Link to comment Share on other sites More sharing options...
can1983 Posted July 30, 2013 Share Posted July 30, 2013 oh well thats great news, congrats i guess not working notice is a contract dispute more than a matter for DIAC? Quote Link to comment Share on other sites More sharing options...
siandear Posted July 30, 2013 Author Share Posted July 30, 2013 Thank you for your replies. One last question!! If I managed to get my visa switched from one sponsor to another - does anyone know if can I use that time to visit home, or would I have to stay in the country whilst this took place? Quote Link to comment Share on other sites More sharing options...
Stacy053 Posted July 30, 2013 Share Posted July 30, 2013 Another consideration which should be outlined in your contract is whether you are liable to pay back any relocation expense that they may have paid for you. In my contract this is outlined as a % of costs vs time left on contract. Good luck Quote Link to comment Share on other sites More sharing options...
Ronan20 Posted July 30, 2013 Share Posted July 30, 2013 Another consideration which should be outlined in your contract is whether you are liable to pay back any relocation expense that they may have paid for you. In my contract this is outlined as a % of costs vs time left on contract. Good luck A guy I used to work with said he got legal advice saying a clause like that cannot be enforced. Obvioulsy do not take my word for it and get independent legal advice. Quote Link to comment Share on other sites More sharing options...
siandear Posted July 30, 2013 Author Share Posted July 30, 2013 Thanks again - they didnt pay anything towards my relocation so at least that not a problem - maybe I should look for legal advice but maybe I should just struggle through the notice period - i will feel quite uncomfortable though.. Quote Link to comment Share on other sites More sharing options...
siandear Posted July 30, 2013 Author Share Posted July 30, 2013 Thank you - No relocation expenses paid by current employer - so thats not an issue - thanks for the replies xx Quote Link to comment Share on other sites More sharing options...
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