Switching Employers – How NOT to Get in Trouble

Frequently Asked Question: I have worked for two years and I have been working for an employer under a 457 visa; can I still get my Permanent Residency?

With the legislation change that occurred on the 1st day of July 2015, some changes are expected, but when it comes to the 457 business sponsorship, you can still acquire your Permanent Residency if you legitimately worked with your employer for two full years. If circumstances have occurred that force you to switch employers, then you should know that there are avenues for you to consider.

The new legislation only permits businesses or companies that have gone through a company-wide change (e.g. A change in ownership; a reformulation of business structure; or even a company name change) to still look after their employees’ shift to the Permanent Residency status through the temporary transition paths of the 186 and 187 subclasses.

Switching to a new employer is relatively simple, but you should definitely go through the proper procedures. If you intend to apply for a 186 or a 187 through the way of temporary transition and if you want to leave your current employer and apply to a different one, then you should know that you cannot include beyond your current work experience from your previous employer.

These are your options:

  1. The simplest, but most time consuming one is to to work for your new employer for another two years.
  2. Approach your new employer and apply for a Permanent Residency status through Direct Entry, if you wish to immediately apply or before agreeing to be of service to your new employer for two years.

Fun Fact: You can still change from your current employer to a new one even when you’re on a 457 visa.

Given that you are able to abide by the contract given to you by your employer, particularly the clause about employment termination, and if you are able to notify your employer beforehand, then you could leave your current work and find another one that would suit you more, even when you’re on a 457.

Here are the rules for such a decision:

  1. You should locate a new employer within 90 days of terminating your working relationship with your previous employer.
  2. A legal and sanctioned 457 Business Sponsorship should be present with your new employer.
  3. Your 90 days are also your time limit for you to assure that your employer is able to ‘nominate’ your position through a 457 Nomination.

Employers should know this:

  • Having someone on a 457 Business Sponsorship isn’t a way to secure them into your company.
  • You should ensure that you have a very agreeable working relationship with your workers.
  • Give incentives to your workers to help them maintain their position and do their job well.
  • Be a great boss.

Should you have any queries about the 457 Business Sponsorship, Visa Applications and Nominations, we are more than happy to help.

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