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457 Visa and Sponsorship

Australia Working Holiday move to 457

By 19 December 2013No Comments

Be careful if you are on a Working Holiday or Work and Holiday visa and you are coming close to the end of your six month work period with one company but you still have a period of stay left on your current visa (i.e you complete your six months in January 2014 but your visa does not run out until March 2014). Don’t assume that on lodgement of a Subclass 457 visa that you will be able to continue working past the six month period due to an application being in the system as this is incorrect. Also the bridging visa issued will be of no assistance to you for some time yet…

Should you find yourself in this situation, you will need to either cease working until your Subclass 457 visa has been approved or you obtain permission from DIBP for an extension to your six month work limitation is granted. These extension requests can only be submitted after the 457 visa has been lodged and can take longer than the 457 visa to be processed.

Should your 417/462 visa expire whilst your 457 visa is pending, you will not only be able to remain onshore during processing but will also be able to continue working for the same employer for a further six month period. This is possible due to the bridging visa which is issued to you on lodgement of the 457 visa application.

It is important to note that there are strict rules around the six month work limitation and it is important to note that working for longer than 6 months with the same organisation, regardless of whether the duties or location of the employee change, is not permitted. This includes using different recruitment firms or on-hire organisations to act as the employer to facilitate a longer period of employment.

It is recommended that an application for the 457 visa is lodged at least 2 months before the work limitation comes into effect for applicants who do not wish to cease employment whilst waiting for their 457 / extension to be approved. It is important to note that any breach of this condition could have an impact on your pending 457 application and possibly any future Permanent residency visa applications.

Purnima Kabra