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On 457 visa and looking to cover maternity leave


Mel Campbell

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Hello

 

So I was granted a 457 visa in March 2014 and sponsored as a Social Professional NEC. I am currently still working for my sponsor, but would like to take on additional duties to cover maternity leave. I would like to find out if this is possible - my job title would change from Communications Research Officer to Manager of Business Communications. I have been offered the position pending confirmation on my situation and have a week to find the answer :S

 

I would be acting in the higher position for a period of 9 months, and will then be returning to my current role. Is this possible?

 

Or would i have to apply for sponsorship for the new position, and then reapply again once the temporary role is over? This seems like a lot of work?

 

Also do you know if I can actually speak to an immigration officer about my case?

 

Any advice anyone has would be appreciated.

 

Thanks,

Mel

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What ever you do, do not speak to immigration. They are notorious for giving incorrect advice. I know it sounds odd, but it true and we get a lot of posts from people who have only to find the advice was incorrect and now have major issues.

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It's a condition of your 457 visa that you only work in the nominated occupation. The question would be whether the new position would also fall under the occupation code for Social Professional NEC. If it does, then it would be fine to take on the new responsibilities. If it doesn't, you'd need a new nomination to change the occupation (assuming the new occupation is eligible for a 457 sponsorship).

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Hi guys,

 

Thanks for your responses. Thought I would give you an update.

 

So in the end, I emailed my original migration agent and immigration. Immigration responded quicker, requesting copies of both job descriptions and my visa notification grant. I sent these through via email with a comparison of key duties in my current role and how they are addressed in maternity cover role. They have replied saying the jobs are primarily the same so can go ahead with the new role - super stoked! :)

 

Also, my migration agent replied this morning, saying the below:

"As you may be aware, subclass 457 visa holders are able to perform in the position that was approved in the associated nomination application. If your responsibilities will be altered, that needs to be approved by the Department before any changes are implemented. We would be happy to assist you with this notification and we estimate that the time required for this notification would be 4 hours (A$375 + GST x 4 hours)."

 

So a quick email to immigration directly, provided the confirmation I needed, and they also confirmed notes had been updated on my case file whilst saving me $1500 + GST!!

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