On a 457 Visa and Want to Change Employers? Here’s the Right Way

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.

We’re often approached by 457 visa holders who for one reason or another want to leave their current employer and work for someone else. They may be unhappy with their employer, want to change positions, or they have simply received a better offer.

The good news is that it is possible to change employers, but there are rules and regulations which must be followed. This is because your current 457 visa has a condition attached to it (8107), which means that you must work only for the employer who most recently nominated you. If you start working for another employer while your current employer’s nomination is in place you will be breaching your visa conditions and risk having your visa cancelled and/or future visa applications refused because you haven’t substantially complied with your visa conditions. Additionally, the new employer risks fines and sanctions if it employs a visa holder in breach of his/her work conditions.

If and when you find a new employer willing to employ (and nominate) you, the business must be (or must become) an approved Business Sponsor and nominate you for the position they have for you. They must also be able to show that the business genuinely needs you and produce evidence of Labour Market Testing with respect to the position. A request is made for the  new nomination to be linked to your current 457 visa and you may move to the new employer once the new nomination has been approved but not before.

Are you in this situation? Or are you an employer wanting to employ a 457 visa holder from another business?

Talk to us – we are experts in this area and have assisted many 457 workers and their employers with quick, successful outcomes.

Please contact us on 1300 887 818 or complete our contact form and we’ll get the ball rolling for you.