10 things you should know about your 457 visa

PLEASE NOTE: On March 18th, 2017, the 457 Visa was officially replaced with the Temporary Skills Shortage (TSS) visa which has different eligibility criteria and conditions. Learn more about the differences between the 457 and TSS visas here or get in touch with one of our migration agents to learn more.

Your Subclass 457 visa has several conditions attached as well as some other interesting quirks. Here are 10 of the most important conditions to keep in mind:-

1. If you are in Australia you must commence work with your employer within 90 days of your visa grant. If you’re outside Australia you must commence employment within 90 days of arrival.
2. You must only work in your nominated occupation. This means that if you are nominated as a carpenter, you may not work as a bricklayer, or if you’re nominated as a Registered Nurse you can’t be working as a Medical Receptionist to give you but two examples.
3. You must only work for your nominating employer. You cannot have a second job or moonlight after hours unless you have an exempt occupation (certain Medical Practitioners, General Managers and CEO’s). And yes this includes those of you who have your own companies and have “self sponsorship” – you must only be employed by your company and be paid by your company.
4. If you work for an Australian company, you may also perform work or be seconded to an associated entity of the Australian Company (associated entity is defined by the Corporations Act), but you must still perform duties consistent with your nominated occupation. If you work for an overseas company, you must be directly employed by that company (i.e. not an associated entity).
5. If you want to change employers you must wait until your new employer’s nomination has been approved before you can start work with your new employer.
6. If you change employers because you have a new nomination approved, your visa does not begin again. It has the same expiry date as before.
7. If you leave your nominating employer’s employment, you must find a new nominating employer within 90 days of leaving your old employer, and as discussed above, you cannot commence with your new employer until your new nomination is approved.
8. Leave without pay (LWOP) is permitted whilst you’re on a 457 visa for up to a year, where agreed to by the employer and documented. You may not, however, work for another employer during any period of LWOP.
9. The FairWork maternity and paternity leave provisions apply to 457 visa holders. Where the 457 visa holder is entitled to such leave under the Act (as well as with sick leave and annual leave), employment will be deemed to be continuous, which is helpful if you’re thinking of a transitional Employer Nominated permanent residence visa and have a baby.
10. You can add a partner to your 457 visas after your visa has been granted, provided you can prove you’ve been in a de facto relationship for at least six months. Your partner’s visa is not subject to any conditions (except to remain your partner).

Like to find out more about 457 visas or other Australia Visas? Talk to the expert migration specialists at Australia Here We Come Migration. Book a consultation now by calling +61 3 9573 5200 or enquire online.