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Book Now 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.
When you’re granted your 457 visas, you are automatically subject to a condition known as Condition 8107.
I discussed most 457/8107 obligations in my previous blog post (which you’ll find here), but in today’s post, I will concentrate on the 90-day rule with respect to changing jobs.
The 90-day rule found in Condition 8107, states that if you leave your employer because things haven’t worked out, you have 90 days to become sponsored by another employer or your visa will be cancelled.
Technically, this doesn’t mean you can wait until the 90th day for your new employer to lodge a new nomination application – because a nomination application can sometimes take ages, which can take you over the 90-day allowance. The clock doesn’t stop just because a new nomination is lodged – it only stops when the new nomination is approved.
Remember too that you may not commence work with your new employer until the nomination is approved, or you also risk visa cancellation. Effectively, you’re between a rock and a hard place!
Recently, we had a client who was threatened with visa cancellation even though we had lodged a new nomination on behalf of his new employer. Why? Well because Condition 8107 is breached even when a new nomination has been lodged, because you may not commence work with the new employer until the nomination is approved, so the ninety days continue to tick over until you legitimately commence work with the new employer. We are thus at the mercy of Immigration in these cases – especially where they drag their heels in approving new nominations.
Prior to the new Minister (and Australian Border Force), the Dept was content when a new nomination was lodged, and they would not threaten visa cancellation while the nomination was processing. We’re becoming more aware though recently that the Dept is applying the Act and Regulations in a black letter non-discretionary manner, leaving less scope for the visa holder to secure further employment or avoid visa cancellation after 90 days. We think this is wrong, unfair and contrary to the spirit of the law.
Clearly, this means that if you are approaching the 90 day period between employers, or you’ve been threatened with visa cancellation, you should contact a Registered Migration Agent or Immigration Lawyer immediately to make representations on your behalf.
Contact Australia Here We Come on +61 3 95735200 to book a consultation to discuss your options or email us to enquiries@australiaherewecome.com.au. We’ve helped many 457 visa holders who find themselves in this position. You can also book a consultation online.
