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457 visa changes in employment

This is a guideline for Employers who have valid Sponsorship rights for 457 visa to Australia. Please use it to inform immigration about changes in your business or with employment. Our clients also are more than welcome to contact us directly in any of listed below circumstances.

Contents

  1. Cessation of employment notification
  2. Visa holders – Ceasing employment
  3. Cancellation enquiries
  4. Return travel costs
  5. Leave without Pay
  6. Superannuation
  7. Changes in business structure
  8. Change of duties/new nominations requirement under regulation 2.84
  9. New nomination approved – Notice period
  10. Reduction in work hours

 

  1. Cessation of employment notification

If you are the business sponsor or its authorized representative advising Immigration of the employment cessation of a 457 visa holder, please ensure you have provided the following information:

  • full name
  • date of birth
  • passport number
  • exact date of cessation of employment
  • email address or forwarding address.
  1. Visa holders – Ceasing employment

A 457 visa holder has 90 days from the date of cessation to either lodge a new application or depart Australia.  If after 90 days neither has occurred, you will be sent a Notice of Intention to Consider Cancellation (NOICC) letter which invites you to provide reasons why your visa should not be cancelled.  A Cancellation Officer will decide if your reasons are sufficient to provide you with more time to allow you to either lodge a new visa application or to depart Australia.

Once you receive a NOICC your response should include when your prospective sponsor will be able to lodge the application.  If you choose to depart Australia, the above NOICC process does not apply and your visa may instantly be cancelled.

 

  1. Please send all enquiries regarding the cancellation process to:

NSW.457.Cancellations@border.gov.au  – if your sponsor is located in NSW or ACT

WA.Cancellations@border.gov.au – if your sponsor is located in QLD, TAS, VIC, WA, SA, NT

 

  1. Return travel costs

Sponsors must pay reasonable and necessary travel costs to enable 457 visa holders and their family to leave Australia. 457 visa holders must request return travel from their sponsor in writing.  The request must state the 457 visa holder’s name including any dependents and the country they intend to travel to (and hold a passport for).

 

The sponsor has 30 days from receipt to fulfill this obligation.  These costs include an economy class ticket to the 457 visa holder’s home country and the cost of travelling from their usual place of residence in Australia to the nearest international airport.  These costs do not include any excess baggage or freight costs. The sponsor cannot use the cost of return travel to reduce any amounts they believe the 457 visa holder still owes them.  This is a separate transaction and must be paid by the sponsor within the specified time frame.  This transaction must also be verifiable by an independent third party.  The sponsor can either transfer funds or purchase the ticket for the 457 visa holder.

If your sponsor is refusing to pay the cost of your return travel you are encouraged to forward this response to your sponsor.  If they continue to refuse to pay, you should notify us immediately.

 

  1. Leave without Pay

A 457 visa holder may take leave without pay for extended periods of time (generally up to 12 months) as long as both the sponsor and the visa holder have both agreed to this in writing. 457 visa holders on approved unpaid leave are not considered to be in breach of Condition 8107.

 

  1. Superannuation

If you have permanently departed Australia and want to request your subclass 457 visa be cancelled to access your Australian superannuation please email your request to: Super.Hobart@border.gov.au

Please click here for a direct link to superannuation information: http://www.border.gov.au/FAQs/Pages/how-can-i-get-my-superannuation-benefits.aspx

Information is also available at the Australian Taxation Office website: http://www.ato.gov.au

 

  1. Changes in business structure

If your organisation has changed its ABN through transferring ownership or otherwise changing the business structure, the new entity will need to gain new approval for 457 visa sponsorship. A new nomination will also need to be lodged under the new sponsorship in order for any 457 visa holders to continue their employment. If you have notified us that your business has undergone external administration, the department will note this. No further action is required.

 

  1. Change of duties/new nominations requirement under regulation 2.84

As long as the new position/role has the majority of its duties consistent with the ANZSCO definition that the visa holder was originally nominated for, then the arrangement would not require a new nomination to be lodged.  If the duties are not consistent with the ANZSCO definition then a new nomination would be required. For more information on ANZSCO: http://www.border.gov.au/employers/anzsco/

 

  1. New nomination approved – Notice period

A 457 visa holder is only permitted to continue working for their previous sponsor under a new nomination to fulfill any requirements for notice of termination of employment. Upon the official cessation of employment with the previous sponsor, the visa holder can no longer work with them.

 

  1. Reduction in work hours

A 457 visa holder’s employment hours may be reduced if both the sponsor and the visa holder agree and the hourly rate of pay does not decrease.  Please note that reducing your work hours may impact on future permanent work visa applications. For more information, please visit the Work in Australia page on our website at the following link:
http://www.immi.gov.au/Work/Pages/Work.aspx

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