irishbird Posted May 1, 2014 Share Posted May 1, 2014 Dear Knowledgable People! I'm currently on a visitor visa in Aus but would like to stay and legitimately work. I've been offered a job here on a 457 visa. Could someone please confirm for me - as an employer sponsored visa, the 457 will be specifically for the sole occupation of the job offered - is this correct? This role is a stop-gap for me and it is very likely that I'll want to move on to another type of occupation before the 4 years is up. I have these questions in addition if anyone can help: - If I change my occupation before the end date of my visa, do I have to apply for a new visa all over again from scratch? Or could any new employer continue the sponsorship even though it's a new type of job? - Are there any conditions on the visa that I have to work for the original sponsor/employer for a specific amount of time before I can move on? And if so what is it? - Does anyone know if I can work voluntarily for an employer who sponsors me, or do they have to pay a salary as part of the visa conditions? Many thanks guys! Link to comment Share on other sites More sharing options...
blossom Posted May 1, 2014 Share Posted May 1, 2014 They have to pay a minimum salary and the work must be full time. The job must be in the sol or csol and you must be trained and experienced in the job (different amounts for each occupation). You can change employers if the job is the same. If it isn't I believe you need a new visa application as they have to check YOU out again to make sure your qualified etc again. Link to comment Share on other sites More sharing options...
irishbird Posted May 1, 2014 Author Share Posted May 1, 2014 Thank you, that's what I thought. The DIAC website isn't clear about whether you have to do a new application for a change of job. I've got skills & experience in a few different area's and just wanted to keep options open if possible. thanks again :cute: Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 1, 2014 Share Posted May 1, 2014 Dear Knowledgable People! I'm currently on a visitor visa in Aus but would like to stay and legitimately work. I've been offered a job here on a 457 visa. Could someone please confirm for me - as an employer sponsored visa, the 457 will be specifically for the sole occupation of the job offered - is this correct? This role is a stop-gap for me and it is very likely that I'll want to move on to another type of occupation before the 4 years is up. I have these questions in addition if anyone can help: - If I change my occupation before the end date of my visa, do I have to apply for a new visa all over again from scratch? Or could any new employer continue the sponsorship even though it's a new type of job? - Are there any conditions on the visa that I have to work for the original sponsor/employer for a specific amount of time before I can move on? And if so what is it? - Does anyone know if I can work voluntarily for an employer who sponsors me, or do they have to pay a salary as part of the visa conditions? Many thanks guys! You can't change your occupation without first applying for and being granted a new visa. If the sponsorship is by the same employer, only a new nomination and visa application will be required as they have already been approved as a sponsor. You must work for the 457 sponsor until the 457 expires. If you lose or leave your job with that employer, your 457 will be subject to cancellation and you have 90 days in which to find a new eligible sponsor. If you can't get a new sponsor within 90 days or if you cannot apply for some other visa, you will have to leave the country. On a 457, there are strict requirements for the salary you must be paid. You cannot work as a volunteer or for anything under the Market Salary Rate which in turn must be at least equal to the Temporary Skilled Migration Income Threshold (TSMIT). Link to comment Share on other sites More sharing options...
irishbird Posted May 1, 2014 Author Share Posted May 1, 2014 thank you very much, very clear advice there! Looks like changing roles could be expensive then!! Maybe I should keep my wanderlust to a minimum! Link to comment Share on other sites More sharing options...
Adam Grey Posted May 1, 2014 Share Posted May 1, 2014 Hi Irishbird, Some of the above information is incorrect. Please find below the answers to your questions: - If I change my occupation before the end date of my visa, do I have to apply for a new visa all over again from scratch? Or could any new employer continue the sponsorship even though it's a new type of job? No you do not have to lodge a new 457 visa application, you would just have to be nominated in the new occupation. As part of this nomination process you would need to show that you have the skills and experience for the new occupation. This would be exactly the same process whether you're having a change of job role with your current sponsor or taking on a new position with a different sponsor. - Are there any conditions on the visa that I have to work for the original sponsor/employer for a specific amount of time before I can move on? And if so what is it? You can leave your position at any time but you would have 90 days to find another sponsor to nominate you. Does anyone know if I can work voluntarily for an employer who sponsors me, or do they have to pay a salary as part of the visa conditions? Your position must be paid a salary that is above TSMIT ($53,900) and that is equivalent or higher to the market rate of salary for that position (set by existing comparable Australian employees or external market rate resources) All the best, Link to comment Share on other sites More sharing options...
irishbird Posted May 2, 2014 Author Share Posted May 2, 2014 thank you Adam, I like that answer better!! Lol! At least I wont be trapped in the same occupation forever! :biggrin: Link to comment Share on other sites More sharing options...
Rupert Posted May 2, 2014 Share Posted May 2, 2014 thank you Adam, I like that answer better!! Lol! At least I wont be trapped in the same occupation forever! :biggrin: Well you might like it better but I think in practice it would be an unusual scenario. Unless you have multiple occupations you have worked in previously and you plan to chop and change through them. But if you mean you want to try different things, then I can't see how this would work with a 457 visa, because to get this visa you need proven skills and experience. If you want more flexibility of working, I would really recommend you look into permanent visas and then you can do what you want. Link to comment Share on other sites More sharing options...
irishbird Posted May 2, 2014 Author Share Posted May 2, 2014 Thanks Rupert. I just wanted to check that I wasn't in a position where I would only be allowed to work in one specific occupation for the duration of my stay in Aus. I have varied skills, qualifications and experience. It isn't my intention to chop and change! I will look into a permanent visa once I have worked here for a couple of years as the DIAC guidance suggests can be done. I have every intention of staying within the rules of the visa. I called immigration this morning and they confirmed that this is perfectly allowed within the rules as long as I can prove I've the skills for any position I hold under the visa. They said I would need a new nomination if I change jobs but not an entirely new visa. They said exactly the same as Adam Grey above. thanks again everyone Link to comment Share on other sites More sharing options...
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