clipper25 Posted August 21, 2015 Share Posted August 21, 2015 Hi, I wonder whether anyone can advise me on the following question please? I'll soon be coming up to 2 years on my 457 and plan to convert to 186 ENS. I seem to remember reading somewhere that there is a maximum time allowed oversees from Aus during the 2 years on the 457, does anyone have any information on this please? Thanks in advance Clipper25 Link to comment Share on other sites More sharing options...
Bungo Posted August 21, 2015 Share Posted August 21, 2015 Read about visa condition 8107. 90 days is the key. Link to comment Share on other sites More sharing options...
clipper25 Posted August 21, 2015 Author Share Posted August 21, 2015 Hi Bungo thanks for your reply. My situation is I began working on the 457 the day it started and still on it however I have had a few overseas business trips during the two years which are getting close to 90 days. I'm not sure if I go outside of Aus on business for the 457 company whether the restriction applies? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 21, 2015 Share Posted August 21, 2015 I don't know if there's a limit you can be outside Australia as long as you're still employed with the employer. But perhaps check with a migration agent to see if there's an issue. Link to comment Share on other sites More sharing options...
clipper25 Posted August 21, 2015 Author Share Posted August 21, 2015 Thanks MaggieMay yes I think I will need to formally check - I will post my findings Link to comment Share on other sites More sharing options...
ss9999 Posted August 21, 2015 Share Posted August 21, 2015 Thanks MaggieMay yes I think I will need to formally check - I will post my findings In my opinion, Immigration will calculate your leaves in 2 years period and deduct those days. But not business trip(because business trip by company is not a leave). Link to comment Share on other sites More sharing options...
clipper25 Posted August 31, 2015 Author Share Posted August 31, 2015 Hi I checked with the Department and also an agent and I understand the time away while on business for the 457 sponsor doesn't have a particular limit. Thanks for your help everyone.. Link to comment Share on other sites More sharing options...
Raul Senise Posted August 31, 2015 Share Posted August 31, 2015 Hi I checked with the Department and also an agent and I understand the time away while on business for the 457 sponsor doesn't have a particular limit. Thanks for your help everyone.. I advise you proceed with caution and do your research well. Be mindful that advice from Immigration over the phone is not binding. The situation is not straight forward and will depend on certain factors which are detailed in Policy. Time spent overseas while working for your 457 sponsor is not automatically included in the 2 years. Policy specifically states that claims of overseas work must be assessed on a case by case basis. If the requirements are not satisfied, the period of time spent working overseas will be treated as a period of unpaid absence. Link to comment Share on other sites More sharing options...
clipper25 Posted August 31, 2015 Author Share Posted August 31, 2015 Thanks for the reply Raul, do you have any other information on how it is assessed at all? Link to comment Share on other sites More sharing options...
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