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Guest maddy67135

457 Changing employers

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Guest maddy67135

Hi There,

 

I currently work on a 457 Visa.Since i was not happy with this job i applied for new jobs and was finally able to get one.

 

I got through the interview and last week friday my transfer of 457 application was lodged.

 

But, now my current employer is planning to shift me out of australia. Does this allow my current employer to cancel my 457 visa?

 

Also, can anybody please let me know how long it takes to get a 457 transferred to a new employer?

 

I just have a week more left in Oz.

 

Cheers,

Maddy

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Guest Heathcote

basically the New employer only needs to lodge a New Nomination - tis process can be approved quite quickly depending on which State. 1-2 weeks is norm.

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Guest maddy67135

Thanks Andrew, it has already been a week now and it's for nsw.

 

Also, what are the chances of visa getting rejected, actually I was thinking of resigning on tuesday.since I am asked to move out on Saturday.

 

Please advise

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Guest Heathcote

So to be clear there are a number of steps - In this case I think you should only concern yourself withthe Nomination and the Visa.

 

Nomination - You should get a deciosn witin 2 weeks assuming evrything OK. If case officer has questions or requires more evidence you face the risk that they put it into their 28 day pile and only look at it again in 28 days. But in most cases if properly put together and assuming you obviously meet the criteria. ie nomianted salary is a market related and this market related salary is above the threshold.

 

Like I said a Visa application is not required ONLY a Nomination - this is assuming you have time on your current 457 still. So your question "what are chances of visa getting rejected" - It doesnt have to even be assessed IF your New employer has lodged NEw 457 Nomination correctly.

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Guest maddy67135

Thanks again andrew, ill go ahead with the resignation assuming I'll get my visa approved in the next week.

 

I believe everything is lodged correctly

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Guest Heathcote

So has new company applied for Nomination and Visa OR just the Nomination?

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Guest maddy67135

I remember talking to the consultant.

 

She has applied for transfer of ownership. She Discussed details about the job description and selected a appropriate occupation.

 

Also, I was asked to get a health insurance created for a 457 visa holders since my current insurance was tied to my employer.

 

Do you foresee any problems, please advise

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Guest Heathcote

Sounds like they've got it covered....

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Guest maddy67135

Yeah, thats what even i am confident about. This case is under a registered migration agent arranged by the employer, and she had told me that it would take 2 weeks.

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Guest maddy67135

Andrew,

 

Its Thursday today and my visa transfer is not yet approved.

 

I am leaving Australia on the 12th of September.

 

Now, i need some help from you with the below query:

 

Since, the current emloyer is sending me offshore (India) what are the chances that he can cancel my 457. Now, even if he tries to cancel, will DIAC see that i have a sponsor waiting and reject the cancellation request?

 

Please advise.

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Guest Heathcote

I'm not sure how your current employer will cancel your visa if you are still employed, why would they do this anyway? if you are no longer employed and they notify compliance there is a process that the dept will go through it wont be cancelled immediately on their phone call....If only the Dept was that efficient!!. I suggest you have your agent who has lodged the nomination make enquires tomorrow. They have a whole day to sort out the nomination. As I explained above a new visa is not required. Only a new Nomination needs to be lodged. In fact progressing the argument - as soon as the new nomination is approved you shouldnt be working for anybody other than the new employer anyway given the condition of your visa...

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Guest maddy67135

Thanks Andrew,

 

The agent has checked with DIAC and as of tuesday, DIAC was processing applications dated 18/8. She has submitted my application on 31/8. On my request, the agent has also sent a reminder or urgent request to DIAC for approving the nomination but DIAC will work in their own way is what she has to say.

 

And, yeah regarding the cancellation i was just worried because within a week of me filing my nomination with other employer, i was asked to go back offshore and work.

 

Cheers,

Mazhar

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Guest Heathcote

18/8 sounds abit strange as I lodged a nomination on 04/09 and it was approved on 07/09...It's not always that quick...but that has been my recent experience..cheers

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Guest maddy67135

Hmm, i definitely feel there is something wrong. Not sure what to do.

What state did you apply the nomination for? was it NSW?

 

I dont know why the agent told me that DIAC has a lot of backlogs to process.

 

Really strange

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