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portomar

moving a 457 employer - they think I need a 4 year contract

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So i have been working for a company for about 6 months...they did my initial 457, sponsoring me for the maximum 4 years...the work they thought they had dried up, so I am looking for a new employer and have found one. The company is an approved sponsor but there is a problem: they are under the impression that if they sign me up, they are effectively signing me up as a permanent employee for the duration of the sponsorship under law. No matter how much I plead, they won't listen that they are 2 separate things. Does anyone have official/semi-official proof that this is not the case?

 

Thanks in advance!

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I would have thought that the evidence for that comes from your previous employer who sponsored you, who had to let you go after six months?

 

Maybe contact Immi to see if they will give you proof, or get your prospective employer to do it?

 

I was scrolling through the 457 Conditions PDF from the IMMI site, but difficult to be precise. I know people on 457 visas who have lost their initial jobs, and then found new ones, so I can't see that any particular employer has to guarantee to employ you for the duration of your visa?

 

 

After your arrival

Changing employer or occupation in Australia

If you have been granted a subclass 457 visa and you want to change your employer or occupation you are not required to apply for a new visa.

However, before you can start working for a new employer or in a new occupation, you must be nominated by your proposed new employer and have that nomination approved first.

If you start working for your proposed new employer or in your new occupation before the nomination is approved, you will be in breach of visa condition 8107 and your subclass 457 visa may be cancelled.

You should also note that the approval of a new nomination only allows you to change your employer or occupation. It does not extend the term of your subclass 457 visa nor change the conditions that are attached to your subclass 457 visa. It is your responsibility to ensure that you have a valid visa to remain in Australia at all times. To check the visa conditions and expiry date of your visa, please refer to the department’s website http://www.immi.gov.au/managing-australias-borders/compliance/working-legally/evo-for-visa-holders.htm#d

 

 

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