Gregman13 Posted July 24, 2014 Share Posted July 24, 2014 Hi, Just a quick one. When you finish a position on a 457, do you have 90 days from the day you finish work to find a new sponsor? Or 90 days from when immigration send you the letter? Thanks in advance Link to comment Share on other sites More sharing options...
Adam Grey Posted July 24, 2014 Share Posted July 24, 2014 Send what letter? The condition on the visa is that you cannot cease work for more than 90 days, so you have 90 days from the time your employment ceases. Link to comment Share on other sites More sharing options...
Gregman13 Posted July 24, 2014 Author Share Posted July 24, 2014 As far As I am aware you receive a notification from immigration stating that you have 90 days to find a new employer? Obviously I am asking as I don't know the answer and only going on information I have received. Link to comment Share on other sites More sharing options...
blossom Posted July 24, 2014 Share Posted July 24, 2014 As far As I am aware you receive a notification from immigration stating that you have 90 days to find a new employer? Obviously I am asking as I don't know the answer and only going on information I have received. Do you mean when your visa expires, or if you lose your job? Link to comment Share on other sites More sharing options...
Adam Grey Posted July 24, 2014 Share Posted July 24, 2014 As far As I am aware you receive a notification from immigration stating that you have 90 days to find a new employer? Obviously I am asking as I don't know the answer and only going on information I have received. I've never heard of any such letter. When your employment ceases the sponsor is obliged to inform the DIBP within 10 days of the cessation of employment, the 457 visa holder has 90 days from the date of cessation to find a new employer, apply for another visa, or leave the country if they do not wish to breach their 457 visa condition. The DIBP take ages to even get around to cancelling visas in this situation and it's rare to even get any acknowledgement when advising them that employment has ceased, it's one of those areas where the onus is on the holder/employer to comply rather than strict monitoring of the situation by the DIBP. Link to comment Share on other sites More sharing options...
blossom Posted July 24, 2014 Share Posted July 24, 2014 A fair few 457 visa holders have mentioned on here getting a letter telling them they have 90 days..... Link to comment Share on other sites More sharing options...
Adam Grey Posted July 24, 2014 Share Posted July 24, 2014 A fair few 457 visa holders have mentioned on here getting a letter telling them they have 90 days..... It's not unusual for us to send out 10-15 cessation of employment notices for 457 visas in any given month, never seen a letter/email from DIBP for any 457 holder advising about the 90 days. It clearly states it on the 457 visa grant notice so it's not something that DIBP have to advise of after cessation of employment. Link to comment Share on other sites More sharing options...
blossom Posted July 24, 2014 Share Posted July 24, 2014 It's not unusual for us to send out 10-15 cessation of employment notices for 457 visas in any given month, never seen a letter/email from DIBP for any 457 holder advising about the 90 days. It clearly states it on the 457 visa grant notice so it's not something that DIBP have to advise of after cessation of employment. Many of the people who have had letters got grants under the old 28 days rule. Maybe that's why they got letters? Link to comment Share on other sites More sharing options...
Adam Grey Posted July 24, 2014 Share Posted July 24, 2014 Many of the people who have had letters got grants under the old 28 days rule. Maybe that's why they got letters? Makes sense, I've still never seen one though. Maybe because we always advise the DIBP on behalf of the company rather than the applicant the correspondence is different? I give up trying to make sense of it sometimes! Link to comment Share on other sites More sharing options...
Raul Senise Posted July 24, 2014 Share Posted July 24, 2014 Once Immigration has been advised that employment has ceased, they eventually will look to regularise the visa status. If they find that the 457 holder has not left the county or made other visa arrangements, they will send out an intention to cancel letter. This is sent directly to the visa holder and usually takes some time (after the 90 days). Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 24, 2014 Share Posted July 24, 2014 I just want to make sure I understand the process/timing then. So you have 90 days from cessation of employment to find another sponsor, apply for another visa or leave the country. And at some point during or after the 90 days, DIBP may advise intent to cancel if the visa holder hasn't done this. If the visa holder finds another sponsor at 100+ days, before the 457 is cancelled, are they considered to have breached their visa? Or does DIBP get that fussy about it? Would DIBP question an employer nomination for a visa holder who's been unemployed beyond 90 days? Link to comment Share on other sites More sharing options...
Adam Grey Posted July 25, 2014 Share Posted July 25, 2014 Thanks Raul, I guess never seeing one means all our clients are being good boys and girls! Yeah the 'must not cease work for more than 90 days' situation is a condition of the visa, so must be complied with. Going beyond that 90 days is a breach of the visa conditions. The only exception is periods of unpaid leave with the prior permission of the DIBP. A lot of the problems that are arising is from the fact that the DIBP have minimal monitoring of this area, in most cases the applicant ends up asking the DIBP to cancel their 457 because they take an age to do it automatically even after being advised that employment has ceased and the 90 days passes. Some visas, including the 457 have criteria whereby you must show you substantially complied with your previous visa conditions, so breaching can cause future application issues. Link to comment Share on other sites More sharing options...
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