457 Visa - Transfer Employers

[Perez]

Hi,

 

Has anyone been through the experience of transferring employers?

 

I already have a 457 Visa. An application is due to be lodged today by my new employer, however the migration agent told me that 457 processing times for VIC are currently 4-6 weeks.

 

I'm wondering if they are quoting conservatively as my original visa grant only took a week (I was already here on a WHM visa). I would hope the transfer to a new employer is a simpler affair than an entire new visa due to it only involving a nomination.

 

I am due to leave my current role in just over 3 weeks, so the implication of the visa taking longer is that I won't be able to work for up to 3 weeks... Fingers crossed it comes through quickly!

 

Any thoughts/experiences much appreciated.

 

Cheers,

Barry

[Guest spitonmyveggies]

Hi Barry I am also in the same boat. I am in Sydney.

My new employer has lodged a position nomination to transfer my visa. I called DIAC and they said it could take anything from a week to 6 weeks... no certainties there.:no:

 

I have yet to resign, but really really really want to as hating my current employment.. just a bit worried that the visa transfer/nomination is not accepted for some reason and then I'll be up sh*t creek so to speak. What are your thoughts on this?

 

It sounds like it's just a waiting game for you, but you could theoretically work for your new employer and put the time as an expense or extra timesheet once your nomination is formally approved. Just a thought.

Alternatively, a more formal way to do it is to apply for a bridging visa which would potentially allow you to work if you could show that you had to (i.e. to pay your rent).

 

I will be watching this thread and hoping someone who has experience in this will post a positive response in timings and certainty of actually getting the nomination.

 

Thanks.

E.

[Guest magpiejay]

Just thought I'd add my experience to the thread to help anyone searching the topic of 457 transfers, as i was a few weeks back.

 

Having found a job (with 3 days to spare) i've been waiting 3 weeks for a visa transfer, in Sydney.

 

I was nervous about the whole '28 days to find another job' (having left involuntarily) and wasn't sure how fine to cut it with regards to changing to a tourist visa. I couldn't find much info online, and everyone seemed to be saying 'apply for another visa at least 2 weeks before yours expires'. Which if followed would only give you 2 weeks to find and secure another job if you lost yours. Unrealistic.

 

the official line: FAQ - Subclass 457 Visa Holders Affected by the Economic Downturn

 

Having called immigration a few times to clarify the 'date i would no longer be in Australia legally' on the 457 visa (they couldn't tell me - so be sure to know exactly when your previous employer plans on notifying the department) i did learn from them that if submitted electronically, a visa transfer application linked to your visa number automatically extends the '28 days to leave' until the visa is processed.

 

As for the tourist visa after a 457 (if you want to stay, but need more time to find work), you need an extended stay onshore visa, (which you are not meant to use to seek work, so if you apply for one, make sure you only talk about holiday plans). You can get these in person, reducing the 2 weeks to a couple of days. I don't know how fine you can cut it.

 

if you lose your job, you have 28 days from the date your previous employer notifies immigration. Stall them if you can,( unused holiday?) every day counts. The department are also meant to send a 'Notice of Intention to Consider Cancellation' letter to you as the 28 day deadline approaches, with the direct contact details of a case officer. I got to within a few days of the deadline and never received one.

 

While i wouldn't want to, or advise, testing it, i do wonder how strict that 28 day deadline is, as the visa doesn't automatically get cancelled after then.

 

Anyway, hopefully some of the above info will be useful to someone, would have been to me a few weeks back.

 

If you do lose your job on a 457 and have to fly home, don't forget you can invoice your previous employer the cost of the flights by law. A nice parting kick in the teeth for them...not that i'm bitter....

[sami]

Having been in this situation twice already, my husband was without a job for close to 5 months with our first sponsor, this due to global financial crisis, and we never got notified about the 28 days. He actually went to Diac at one stage about it and they told him, no problem as long as you are looking....The second time he was out of work for 2 months and again we never got notified. I presume they have such a backlog of paperwork they don´t get to it. The only problem of course is you can run out of money... (we had to borrow some) and lots and lots of stress. I was fortunate to able to continue working (my husband is the visa holder) as we didn´t get notified, but you aren´t meant to if you lose the visa, but some money needed to come in!!

Good luck to you both, we are on the same boat again, as this third sponsor didn´t win the expected contracts as so OH position was made redundant once again just over 1 week ago, hope this time things move faster. As for the transfer of one sponsor to another it was done within 1 week both times, but we are in Perth and was done through an agent.

[Perez]

Hi all,

 

Thanks for the detailed replies. I was lucky, my transfer came through the Monday after I finished work at my old place, and I started on Tuesday. I was prepared for up to 3 weeks off as worst case scenario.

 

All the best, and good luck to anyone still waiting!

 

Cheers,

Barry

[Guest magpiejay]

....It's now 5 weeks since my new employer nominated me electronically for a 457 visa transfer in Sydney. Still no visa. Still at home unable to legally work. Useless b**trds. It does make you wonder where all those thousands of dollars in visa fees actually go.

[Teekay]

still waiting on my transfer as well.... the booklet on 457 visa on the diac website says you cannot start working for your new employer until the nomination is approved. so have to do the waiting game for the nomination to come through soonnnnn

[Guest magpiejay]

Good luck Teekay. Mine took just over 6 weeks in the end. Even with constant hassling from my employer. Apparently it got 'overlooked' or something, so hopefully yours will be quicker.

 

They're very good and taking your money, and less good at delivering a decent service for what should be a very simple process. And don't get me started on my 176 application from 2009.

 

Anyway, trying very hard not to be a whinging pom about red-tape strangulation and incompetence over here.

[londonengineer]

I've just posted in another thread. My new nomination for an existing 457 took 5 weeks. This is longer than the entire 457 visa process 2 years ago.

 

I though the new ruling was supposed to make things easier?

 

The immigration advice is also that 457 workers are needed and desired to boost the economy. I think my employer will be thinking twice about going through the process again. I missed out on joining them in time for a big project they needed help on.

[Muttley]

We are looking to bring someone on ASAP and they are on a 457 so needs to be transferred, anyone know what current processing times for this are? Thanks!

[LittlePenguin]

New to the forums, not sure what the policy is on reviving old threads, but to answer your question, I had a nomination lodged on 6th June, they asked for further information on 15th July. Still waiting on an answer. Nothing is transferred, the company has to lodge a new nomination, and only after that may the visa holder commence work.