457 Query - back in the UK wanting to go back to OZ - do we need a new 457???

[Bridgetjonhannahdaniel]

Hi

Just wondering if anyone can help!

My husband and I (and 2 kids) had a fab year in OZ from Feb 2013 to Feb 2014. We went on a 457 visa and came back after 1 year. My husbands job was just a 12 month contract and he was able to take a career break from his UK employer - we always knew it would be just a 1 year thing. Anyway we are back in Blighty and keen to get back to Oz. He is in the process of applying for a job there and if successful we will come out again on a 457 visa.

My question is this.... the 457 that we came out on in feb 2013 was valid until Feb 2017. Is it still valid or did it expire when we left Oz in Feb 2014? Obviously for the new job we have to go through some application process again and the employer will have to 'prove' that the job cannot be done by an Australian. I was just wondering if the process will be shorter or if some kind of 'transfer' can be done?

Also if we get a 'brand new' 457 I assume it will be valid for 4 years from issue i.e summer 2014?

 

Any thoughts?

Thanks

BRidget

[MaggieMay24]

If the contract has ended, both your husband and his employer were obligated to advise DIBP that the employment relationship has ended, and he would have 90 days to find a new sponsor or DIBP will start cancellation of the visa.

 

If his contract ended in Feb., then the visa would still be valid (and it would be until it's cancelled), so you can re-enter the country. If he finds a new sponsor before the visa is cancelled, the sponsor needs to submit a nomination but your husband wouldn't need to submit a new application. The visa would simply transfer to the new sponsor (but still be valid for 4 years from it's original grant date). If the visa is cancelled, then he would need to apply for a new 457 which would have a new 4-year validity period.

[Rupert]

Hi

Just wondering if anyone can help!

My husband and I (and 2 kids) had a fab year in OZ from Feb 2013 to Feb 2014. We went on a 457 visa and came back after 1 year. My husbands job was just a 12 month contract and he was able to take a career break from his UK employer - we always knew it would be just a 1 year thing. Anyway we are back in Blighty and keen to get back to Oz. He is in the process of applying for a job there and if successful we will come out again on a 457 visa.

My question is this.... the 457 that we came out on in feb 2013 was valid until Feb 2017. Is it still valid or did it expire when we left Oz in Feb 2014? Obviously for the new job we have to go through some application process again and the employer will have to 'prove' that the job cannot be done by an Australian. I was just wondering if the process will be shorter or if some kind of 'transfer' can be done?

Also if we get a 'brand new' 457 I assume it will be valid for 4 years from issue i.e summer 2014?

 

Any thoughts?

Thanks

BRidget

 

You should have taken steps to get that visa cancelled by now, as should the employer. I would be very surprised if they haven't as companies can get into trouble for not keeping immigration up to date. I recommend you check with them and get that ball rolling if it is not already.

 

The immigration department would not cancel it for 90 days though which would give time to find a new sponsor to take over. But don't let it linger on until you find a job, if you don't find one in the set time then start again. It won't reflect well on you to have knowingly hung on to a visa you are not meeting the conditions of. For that reason, there is no way I would attempt to enter Australia on this visa.

[TeeTMI]

A check on VEVO should (occasionally incorrect) confirm your current status

http://www.immi.gov.au/Services/Pages/vevo.aspx