tonic83 Posted February 14, 2015 Share Posted February 14, 2015 Hi all, new here to this! Can anyone please tell me when our 457 visa ends in Nov 2015 do we have to be out by the expiry date of the visa as technically we can work up until this date. So if we can work up to the expiry date yet have to leave on that date too doesn't give us much time to sell stuff etc. Does anyone know if there is a grace period for this type of scenario or would we have to apply for a tourist visa? Any advice would be great Thanks! Link to comment Share on other sites More sharing options...
blossom Posted February 14, 2015 Share Posted February 14, 2015 You have to leave by the expiry date. I suppose they think as you have had however long on your visa, that you have had plenty of notice of the date to get your affairs in order? I wouldn't think they would expect you to work right up until that date though. Link to comment Share on other sites More sharing options...
Rallyman Posted February 14, 2015 Share Posted February 14, 2015 Would be best to ask the Immigration Department first hand, they will have all your visa details and can give accurate details and you will know exactly where you stand. Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 Yeah I always find it hard to get a straight answer from the department. Just if we decide to leave early we are the ones cutting off the sponsorship of the 457. All a bit confusing. We are trying to get PR but it's all working too slow and the employer hasn't even put their nomination in yet either so we're just weighing up other options. Link to comment Share on other sites More sharing options...
blossom Posted February 14, 2015 Share Posted February 14, 2015 Yeah I always find it hard to get a straight answer from the department. Just if we decide to leave early we are the ones cutting off the sponsorship of the 457. All a bit confusing. We are trying to get PR but it's all working too slow and the employer hasn't even put their nomination in yet either so we're just weighing up other options. I believe you can finish up working a maximum of three months before the end date, but best check that with an agent. Immigration are notorious for giving out incorrect info. Remember that your employer is responsible for your flights home. Also, be aware that you are unlikely to get a tourist visa easily after a 457. Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 We just want to work closest to the expiry date if we have to leave for good. I've heard that employers can be tricky with giving out the worst/cheapest flights home which I won't be looking forward to! Feels like the employer isn't making anything easy for us at the mo! Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 Last time I looked, it was only mid-February 2015 and your visa doesn't expire until November 2015 so you have around 9 months to get an application for a permanent visa under way which should be plenty of time if it's ever going to happen. Surely you will know by May/June if your employer is likely to nominate you for a permanent visa? If so, it should be approved before the beginning of November and you can apply for the visa. Once you apply, you will get a Bridging visa that allows you to stay in Australia with the sponsoring employer while the 186 (or 187) is being processed. If nothing has happened on the nomination front by May/June, either look for another sponsor or leave the company in or after August which will give you plenty of time to get organised to leave the country. Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 If we looked for another sponsor though wouldn't that mean we would have to then work for another 2 yrs with the new sponsor before we can apply for PR? Can we even get a 2nd 457? Heard mixed answers on that also. Link to comment Share on other sites More sharing options...
blossom Posted February 14, 2015 Share Posted February 14, 2015 If we looked for another sponsor though wouldn't that mean we would have to then work for another 2 yrs with the new sponsor before we can apply for PR? Can we even get a 2nd 457? Heard mixed answers on that also. If you can pass the skills assessment you can go straight for PR. If not, I think it changed to a year with a second employer did it @Ozmaniac ? Link to comment Share on other sites More sharing options...
tonic83 Posted February 14, 2015 Author Share Posted February 14, 2015 Well we've been with the same employer since nov 2011 so we though we could apply for pr not 2013 but turned out cos my partners job role changed August 2012 we couldn't apply until August 2014 cos he had to be in the same job role for 2 yrs. he is a multi skilled engineer so not on the skills list really, looked at changing his UK certificates to aus but seemed way easier to go down the sponsorship option. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 If we looked for another sponsor though wouldn't that mean we would have to then work for another 2 yrs with the new sponsor before we can apply for PR? Can we even get a 2nd 457? Heard mixed answers on that also. Yes, if you want to apply for a permanent employer sponsored visa via the Temporary Residence Transition stream, you would need to work for 2 years with the new company before they can sponsor you for PR. There is nothing to stop you for getting a second (or 3rd or 4th) 457 if you wish to do so and meet the requirements for one. If you can pass the skills assessment you can go straight for PR. If not, I think it changed to a year with a second employer did it @Ozmaniac ? No, where there has been no takeover or sale of the business, you still need to have been with the sponsoring employer for 2 years. If the business has been sold or taken over during that time, time spent on the 457 with the acquiring company can now be included in the 2 years. I think you may need to be with the acquiring company for a year though I'm not sure about that. You can go straight to applying for PR via the Direct Entry stream if you have a positive skills assessment and you can do that even if you've never had a 457 or have worked with the employer for less than 2 years. As an alternative to employer sponsorship, have you looked into whether your occupation is listed by any of the states as being eligible for state sponsorship? You would need skills assessment and 60 points on the points test (you get 5 or 10 or the sponsorship) but then you wouldn't be tied to any employer or reliant on one to come good with sponsorship for PR. Link to comment Share on other sites More sharing options...
Suzukiscottie Posted February 14, 2015 Share Posted February 14, 2015 To answer your earlier question, yes, you can get another 457 if you have a sponsor and still meet all of the criteria. It's just the same as applying for the first one all over again. Link to comment Share on other sites More sharing options...
wrussell Posted February 14, 2015 Share Posted February 14, 2015 I think you may need to be with the acquiring company for a year though I'm not sure about that. Correct. It might be as well to consult a registered migration agent to develop a strategy. Link to comment Share on other sites More sharing options...
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