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Time Slashed For 457 Visa Holders To Find A New Job

The Australian government has made changes to the Australian Migration Regulations by amending condition 8107 to provide that a 457 visa holder can only remain in Australia without valid employment for a maximum of 60 days. The relevant section used to enable the holder to cease employment for 90 days which would give a 457 visa holder more time to find an alternative job should their current 457 role cease to exist.

The regulation now provides:

8107 3(b) if the holder ceases employment — the period during which the holder ceases employment must not exceed 60 consecutive days

The effect of this change is that if a 457 visa holder loses their job, they will now only have two months for find a new employer and get a nomination approved to work for that employer.

Though two months still sounds like a reasonable amount of time, one of the big problems facing the 457 holder is the time that it takes for DIBP to make a decision on a 457 nomination.

Processing times quoted by the Australian Immigration Department are currently 40 working days until allocation to a case officer, if you factor in the weekends, this equates to about 56 calendar days until first allocation.

So even if you find a new employer willing to sponsor you on the day you lose your 457 sponsored job, you will most likely not be able to get the nomination for your new job approved in 60 days. This certainly presents a big risk to the Australian migrants looking to move to Australia under the 457 Visa Scheme.

Source: https://www.legislation.gov.au/Details/F2016L01696

Written by Mark

As the founder of Getting Down Under, Mark is passionate about demystifying the process associated with a move to Australia.
Having launched Getting Down Under in early January 2006 and made the move to Australia from the UK in the same year, Mark continues to share resources and support for those looking for assitance, Getting Down Under.

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  1. Hi..

    I am accompanying my husband in Australia..who is on 457 visa here. If our baby is born here in Australia what wil be his/her residential status?

    • Hi, your baby will have the same temporary residency status as yourselves. You will need to add him/her to your 457 visa. You would need to have permanent residency for your child to become an Australian citizen by birth. Hope this helps

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