NickJB Posted September 28, 2013 Share Posted September 28, 2013 Hey folks, My potential Australian employer wants to know if there's a minimum stay/employment period for the 457 visa. I've scoured the gov site and can't find any requirements that mention a minimum, but I'm sure I read somewhere that it was 2 years? Can any shed some light on this? Many thanks, Nick Link to comment Share on other sites More sharing options...
Joebloggs Posted September 28, 2013 Share Posted September 28, 2013 There is no such thing as a minimum stay, the visa can be granted for between 1 day and 4 years. 4 years in the max and most common. Link to comment Share on other sites More sharing options...
bovered Posted September 29, 2013 Share Posted September 29, 2013 Hey folks, My potential Australian employer wants to know if there's a minimum stay/employment period for the 457 visa. I've scoured the gov site and can't find any requirements that mention a minimum, but I'm sure I read somewhere that it was 2 years? Can any shed some light on this? Many thanks, Nick What's he on about ? You can leave whenever you like up to 4 years, after that time you either have already got PR, or you renew the 457. He might be referring to PR (permanent residency), there is a minimum time after which you can apply. Link to comment Share on other sites More sharing options...
Rupert Posted September 29, 2013 Share Posted September 29, 2013 What's he on about ? You can leave whenever you like up to 4 years, after that time you either have already got PR, or you renew the 457. He might be referring to PR (permanent residency), there is a minimum time after which you can apply. What is who on about? The employer just asked a perfectly reasonable question, is there a minimum. The answer has been provided already, that is, no not really. As to your comment about minimum time after which you can apply for PR, well I would have to say, what are you on about? Link to comment Share on other sites More sharing options...
NickJB Posted September 29, 2013 Author Share Posted September 29, 2013 There is no such thing as a minimum stay, the visa can be granted for between 1 day and 4 years. 4 years in the max and most common. Thanks Joe. So if the employer fires me or I leave my position after say, a couple of months (worse case scenario!) would I still be a valid visa holder for 4 years and I don't have to leave the country? Link to comment Share on other sites More sharing options...
ScotsQuine Posted September 29, 2013 Share Posted September 29, 2013 Thanks Joe. So if the employer fires me or I leave my position after say, a couple of months (worse case scenario!) would I still be a valid visa holder for 4 years and I don't have to leave the country? No unfortunately the 457 visa doesn't work like that. If you get fired or leave your job, you would have 90 days to find a new 457 visa sponsor or leave Australia. Link to comment Share on other sites More sharing options...
NickJB Posted September 29, 2013 Author Share Posted September 29, 2013 No unfortunately the 457 visa doesn't work like that. If you get fired or leave your job, you would have 90 days to find a new 457 visa sponsor or leave Australia. I knew it didn't sound right! So technically, there is a minimum stay with the employer. It's 4 years, right? I have to stay employed with them (or an equivalent) for 4 years, or my visa is invalid. Am I getting this right? I think this is what my potential employer is getting at too. Link to comment Share on other sites More sharing options...
NickJB Posted September 29, 2013 Author Share Posted September 29, 2013 OK, I think I've figured it out. Basically, I have to work 2 years on the 457 before I can apply for temporary residence and/or permanent. The employer obviously has no obligation, but obviously it's in my interests to stay employed for those 2 years if I want to stay! Thanks folks! Source: http://www.immi.gov.au/skilled/general-skilled-migration/sir.htm#apv Link to comment Share on other sites More sharing options...
Tickled Pink Posted September 29, 2013 Share Posted September 29, 2013 You can apply for PR as soon as you like, you must fulfil the visa requirements either with the independent route or employer sponsored. If employer sponsored they must also meet the necessary criteri and be approved for nomination. You will need to undertake a skills assessment if applying prior to two years work completed. Having a 457 visa will not offer any pathway to PR, you have to apply for another visa that comes with PR rights, bu this can be done whilst on a 457. Link to comment Share on other sites More sharing options...
NickJB Posted September 29, 2013 Author Share Posted September 29, 2013 You can apply for PR as soon as you like, you must fulfil the visa requirements either with the independent route or employer sponsored. If employer sponsored they must also meet the necessary criteri and be approved for nomination. You will need to undertake a skills assessment if applying prior to two years work completed. OK, I see, thanks. I don't have any qualifications but have experience to make up for it, so would skills assessment just look at my experience?? Link to comment Share on other sites More sharing options...
Tickled Pink Posted September 29, 2013 Share Posted September 29, 2013 It depends what your particular assessing authority asks for, but some occupations will not positively assess you without some formal qualifications. Link to comment Share on other sites More sharing options...
NickJB Posted September 29, 2013 Author Share Posted September 29, 2013 Thanks Tickled, I think it's likely that I'll shoot for the 2 years employment on a 457, and go from there. Link to comment Share on other sites More sharing options...
Joebloggs Posted September 29, 2013 Share Posted September 29, 2013 I knew it didn't sound right! So technically, there is a minimum stay with the employer. It's 4 years, right? I have to stay employed with them (or an equivalent) for 4 years, or my visa is invalid. Am I getting this right? I think this is what my potential employer is getting at too. There's no minimum stay at all, on a 457 your visa is tied to the job. Even if the visa is granted for 4 years if you lose your job or leave you have 90 days to find a new nominating sponsor or your visa is canceled. You cannot work for anyone else until the nomination for the new job has been granted. Even if you work for the employer on a 457 for 2 years PR is not automatic and there is no guarantee that both the employer and you meet the criteria, this is where many people make a mistake. I think nowadays on a 457 and aiming to become Permanent it's important to Plan to fail...that way if you won't be too disappointed if you do fail and if you succeed that's classed as a bonus. Link to comment Share on other sites More sharing options...
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