457 to 482

[clairehowell 0]

Hi, my 457 was granted in December 2016 and valid until December 2020. I recently changed employer - still doing the same job. My new employer has put me on a 482 as the 457 is now redundant.  However because of this I have lost 6 months of my original end date of December 2020. I want to know what grandfather rules are in place to honour my original 457???

[MaggieMay24 1,434]

If you now hold a 482 visa, it would have replaced the 457.  Your new employer cannot put you on a 482, you would have needed to apply for this (or provided them the documents and information to do this for you).  Is your 482 not for a new 4-year period?

[clairehowell 0]

Hi, I understand that the 482 has replaced the 457, but my 457was granted in 2016 and I believe there are grandfather rules which apply to people in my position. I’m just trying to work out how I get my expiry date recognised on my employers paperwork, as currently I’ve lost 6 months. Also the 482 is only for 2 years not 4 as the 457 was. I’m interested to know if anyone else is in this situation??!!!

[VERYSTORMY 3,137]

This may depend on how it was done. If the new employer transferred the previous visa, then grandfather rights would apply. If they didn't transfer but applied for an entirely new visa, then probably not. Was an agent used?

[clairehowell 0]

Oh interesting @VERYSTORMY Our HR dept did it and dealt with the immigration directly! I believe they transferred. 

On my immi account it still says 457 visa valid to Dec 2020.

any idea how I find out for sure?

[Marisawright 3,352]

36 minutes ago, clairehowell said:

Oh interesting @VERYSTORMY Our HR dept did it and dealt with the immigration directly! I believe they transferred. 

On my immi account it still says 457 visa valid to Dec 2020.

any idea how I find out for sure?

The only way to find out is to ask your HR dept to clarify exactly what they did, preferably in writing.

[VERYSTORMY 3,137]

I have a suspicion they have applied for a totally new visa. HR depts are notorious for "thinking" they know about visas. Reality is opposite 

[Raul Senise 1,837]

@clairehowell  your posts do not add up. You say that you have  lost 6 months on your visa, but then you state that your 457 is still valid until Dec 2020 as it was originally?

It is not a good idea to allow HR Departments to do the visa work, as in my experience, most do not understand the process and often ruin people's future visa options in the process.

Grandfathering arrangements may still be available, although your should seek some professional advice to assess and understand your future visa options.

[clairehowell 0]

Hi @Raul Senise. Yes I’m confused to! On my immi account I still have my 457 which says it expires in Dec 2020.

however the documentation my company holds has me on a 482 which expires in July 2020.

My lawyer told me that my company  should have it acknowledged on the company paperwork that my visa doesn’t expire until 2020. But trying to get someone at immigration to answer emails is a nightmare!

[Raul Senise 1,837]

3 minutes ago, clairehowell said:

Hi @Raul Senise. Yes I’m confused to! On my immi account I still have my 457 which says it expires in Dec 2020.

however the documentation my company holds has me on a 482 which expires in July 2020.

My lawyer told me that my company  should have it acknowledged on the company paperwork that my visa doesn’t expire until 2020. But trying to get someone at immigration to answer emails is a nightmare!

What do yo mean "on my Immi account"? Have you done a VEVO check on yourself as this will tell you your current visa status.

If you were on a 457 valid until Dec 2020 and you were only transferring sponsor and not changing occupation, then no 482 visa application was required.

You need clarity as this could potentially be a costly mistake.