Zuluwalulu Posted March 17, 2015 Share Posted March 17, 2015 Hiya this is my first post, hope someone can help my partner is in the process of renewing his 457 visa which is due to expire in May. He moved employers nearly a year ago, hence needing another 457 as he hasnt completed 2 years with one employer to be able to apply for PR. Thing is, first time round, the other company footed the bill, and we (perhaps foolishly?) assumed the same would apply for this second visa with the new company. Are we obliged to pay this (rather large) bill? Or is it the employers responsibility? Or is there no clear rule on this? thanks for any advice Link to comment Share on other sites More sharing options...
canadianaussie Posted March 17, 2015 Share Posted March 17, 2015 Umm....has he been working for this new company for a whole year on the original 457 visa? Because is so, that's illegal. It sounds like it. He should have applied for a new sponsored 457 with the new employer before commencing work with them - and if he had done this there would still be 3 years left on it. You might be in trouble here. Link to comment Share on other sites More sharing options...
Zuluwalulu Posted March 17, 2015 Author Share Posted March 17, 2015 Hi he has changed employers twice, as has done thru official channels. It is legal to do that as long as the new employer is willing to and eligible to 'take on' the sponsorship so to speak, and they are registered sponsors and you stay in the same occupation. Your visa continues along its 4 year time duration. Thats not not my question-I'd like to know who is required to foot the bill for the new 457 as per my original post. Thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 17, 2015 Share Posted March 17, 2015 Presumably, the sponsorship on the current 457 was correctly transferred to the new employer. How much do you expect the new 457 to be? The employer MUST pay for all migration agent fees and all other costs related to the sponsorship and nomination. They are not allowed to recover those costs in any way from the employee. http://www.immi.gov.au/forms/Documents/1154.pdf See page 18 If the employer expects you to pay the costs associated with the visa itself, you'll have to pay them. but the only things the employee is allowed to pay for are 1) the actual Visa Application Charge (VAC) which for 2 adult applicants would be $3470 if you applied for the previous 457 from within Australia or $2770 if you applied for it overseas and 2) migration agent costs for the visa application itself (not the sponsorship or nomination) if you choose not to handle the visa application yourself. A 457 visa application is pretty simple - you should be able to do it without an agent. Link to comment Share on other sites More sharing options...
saff Posted March 17, 2015 Share Posted March 17, 2015 I've done this and yeah, when you change company, the new company effectively takes place of the sponsorer on the original visa. My original visa number still applies and the original duration is the same. As far as I know; it is the employer's responsibility to pay for 457 visa costs. The sponsor can NOT ask you to pay back for costs associated with visa fees http://migrationblog.immi.gov.au/category/457-visa/ http://migrationblog.immi.gov.au/2013/12/10/457-sponsors-pay-your-own-way/ Link to comment Share on other sites More sharing options...
canadianaussie Posted March 17, 2015 Share Posted March 17, 2015 My mistake. I assumed that you when you switch employers you get a 'new' 457 and the 4 yr timeframe is reset; I guess not. In terms of who pays of it - for mine I paid for my own part of the visa and my sponsor paid for their portion/nomination. Not sure if this is standard/normal or not. Link to comment Share on other sites More sharing options...
Freckleface Posted March 17, 2015 Share Posted March 17, 2015 My mistake. I assumed that you when you switch employers you get a 'new' 457 and the 4 yr timeframe is reset; I guess not. In terms of who pays of it - for mine I paid for my own part of the visa and my sponsor paid for their portion/nomination. Not sure if this is standard/normal or not. I don't think it hurt to ask the question - wouldn't be the first time someone was working illegally without realising. To the OP - the company where I worked expected employees to cover the costs associated with their part of the visa. Link to comment Share on other sites More sharing options...
Bungo Posted March 17, 2015 Share Posted March 17, 2015 I've done this and yeah, when you change company, the new company effectively takes place of the sponsorer on the original visa. My original visa number still applies and the original duration is the same. As far as I know; it is the employer's responsibility to pay for 457 visa costs. The sponsor can NOT ask you to pay back for costs associated with visa fees http://migrationblog.immi.gov.au/category/457-visa/ http://migrationblog.immi.gov.au/2013/12/10/457-sponsors-pay-your-own-way/ They must pay all costs associated with the nomination and sponsorship. They don't have to pay the visa costs. Link to comment Share on other sites More sharing options...
Zuluwalulu Posted March 17, 2015 Author Share Posted March 17, 2015 Thank you for all the responses, I hadnt realised the distinction between visa costs and sponsor/nomination costs. Makes sense now. Link to comment Share on other sites More sharing options...
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