babs11 Posted May 23, 2018 Share Posted May 23, 2018 Hi I am hoping to get some advice. I have been scrolling the internet and cant find the answers so hoping someone here can point me in the right direction. I am on a 457 VISA. I am transferring to a new company and there were a few delays and issues with the transferral of the VISA but it is all sorted now. When the new employer was in the process of transferring the VISA they couldn't confirm the length of time required for the VISA to come through. I was on a 4 week termination with my current employer. I didn't want to quit too early and have a long delay for the VISA to come through and me sitting in limbo with no job and salary or for the transfer to be refused and suddenly I would only have 60 days to find a new job. At no time in the process could the new employer transferring the VISA confirm the timings as that depends on the GOVT. Once they told me they no longer for seen any issues and had fully submitted the VISA I handed in my 4 weeks notice. The problem is the VISA has come through today but I still have 2 weeks left of my notice to serve out. My new employer is telling me I have to immediately leave and start work as they are legally my new employer. Can anyone advise on what I legally need to do. I feel like I need to push back on the new employer but they are very stressed and believe they are in breach of the contract if I don't start immediately. Thank you so much for any advice or help. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted May 23, 2018 Share Posted May 23, 2018 You are no longer entitled to work for your old employer and any work you do may be a breach of your visa Quote Link to comment Share on other sites More sharing options...
Samson Posted May 23, 2018 Share Posted May 23, 2018 I have to disagree with Verystormy on this one.. Please check this with a Registered MA, however I have been previously advised by a Immigration agent that in this scenario ONLY, you are permitted to continue to work for your former employer to work any notice period that was in your original contract of employment. Condition 8107 does not apply in that Scenario only. I couldn't find any official info but http://myaccessaustralia.com/i-need-to-leave-my-employer-what-is-going-to-happen/ http://taxinsights.ey.com/archive/archive-news/australia-implements-changes-to-457-visa-termination-regulations.aspx Regards Sam Quote Link to comment Share on other sites More sharing options...
babs11 Posted May 23, 2018 Author Share Posted May 23, 2018 Thank you so much Sam & Very Stormy. I will check with a Registered MA Quote Link to comment Share on other sites More sharing options...
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