How to Avoid 457 Visa Cancellations

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No one wants to pack up and move halfway around the world and then have their visa cancelled. It’s like the worst thing that could happen. Especially when you don’t have full control of your visa. Your employer could really make or break your life. Not to worry though. We’ve got you covered. Here we’ll show you which rules are in place that need to be followed. And what to do if you or your employer breaks any of them.

What is a 457 Visa?

The 457 visa is also known as the Temporary Work (Skilled) visa (subclass 457).

It allows you to live and work in Australia for up to four years. You can even bring your family with you. They’ll be able to work and study alongside you. You’re not even restricted from leaving the country. You can travel in and out of Australia as often or as little as you like.

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All you need is a skill and an employer to sponsor you in a position relevant to your skill.

Employers based in Australia sponsor skilled overseas workers for temporary work in their country all the time. Sometimes the skills an employer is looking for can’t be found in Australia. In instances like this they recruit and sponsor overseas workers from other countries around the world. This gives you a fighting chance at securing a job you love in a beautiful country.

The Department of Immigration and Border Protection (DIBP) has created a skilled occupation list for employers to sponsor. It contains over 400 occupations so there’s a whole range for employers to choose from. This includes Managers, Medical professionals, Engineers, IT professionals, Farmers and Trade persons.

To view the full list, click here

What Can I Do to Prevent My Visa Being Cancelled?

Unfortunately, it’s not just down to you. Your sponsored employer has some control on the security of your 457 visa.

There are numerous conditions detailed in the visa that must all be adhered to. Failure to do so could land you and your employer in hot water.

So it’s simple, just stick to the rules. Play by ball and everything will work out for the better.

Here’s a list of obligations you and your employer should stick to (for both your sakes):

  • You MUST work full time in the nominated occupation.
  • You MUST be paid the salary approved by The Department of Immigration.
  • The employment terms and conditions must be in accordance to Fair Work Australia (Including superannuation, annual leave, sick leave, etc.).
  • Your sponsored employer must be pay your salary into your bank account – to ensure records are up to date
  • You can ONLY work for your sponsored employer and ONLY in the approved position.
  • Your sponsored employer must report your employment termination within 28 days of occurrence to the Department of Immigration and Border Protection.
  • Your sponsored employer should ensure training obligations are met each financial year.

If your employment is terminated by your sponsored employer you have 60 days to decide what you want to do next.

Related: Has 457 visa been cancelled?

So what are your options?

You could find another employer willing to sponsor you, but the nomination will have to be approved before the 60 days are up. So keep that in mind. Applying for a different visa is another option. Just remember your new visa must be granted not just applied for. There’s always the option of leaving the country too.

Here’s the good news:

Your sponsored employer has no power when it comes to cancelling your visa. Only the Australian Government can grant, refuse or cancel your visa. More specifically the Department of Immigration and Border Protection within the government.

So if you end up having problems in your job and are concerned your boss may cancel your visa, don’t worry. It won’t happen. You’re safe.

What Happens If the Obligations Are Breached?

If you or your sponsoring employer breach any of the visa regulations there could be some serious outcomes. And unfortunately for you, the worst of the punishment will land on your shoulders.

The big one of course is that you’ll face your visa being cancelled. But don’t worry, it’s not the end of the world. Even though it may feel like it at the time.

Another consequence is that you will be unable to apply for permanent residence with this employer including the Employer Nominated Scheme (ENS) Visa or the Regional Sponsored Migration Scheme (RSMS) Visa.

As soon as you realise that there has been a breach by the sponsored employer your best option is to find another employer to sponsor you. This will ensure that your 457 visa isn’t cancelled and that you will be able to apply for permanent residence if you decide to later down the road.

The consequences for your sponsored employer are not as severe as they are for you.

They could incur thousands of dollars’ worth of fines which could be detrimental to their business. And if that isn’t bad enough they could be excluded from sponsoring anyone’s visa for up to five years. Not just 457 visa either. They won’t be able to sponsor anyone under the ENS visas or RSMS visas too.

Have you faced having your 457 visa cancelled before? Got any advice on how to prevent it from happening?

Let us know in the comments – We’d love to hear from you 🙂

Need more information or advice on 457 visas & sponsorship obligations?

Feel free to contact us:  info@settleinaustralia.com.au  or +61396865966. 

25 thoughts on “How to Avoid 457 Visa Cancellations”

  1. i applied for 457 visa and its been 3 months i am waiting also my student visa finish on 30th of september but i stop going to school. does that going to effect my visa or if the visa is refused can i apply for student visa?

    1. Sachin,
      You are required to comply with the conditions of student visa until another visa is approved. You might have issues with having another student visa approved if you stopped attending your current course.

  2. I have 457 visa which was granted to me in May 2015 by my employer. But as I was in UK, I was not able to fly to Australia.

    Now my employer is asking to cancel my visa . So is their any way to avoid cancellation. Please let me know @ Mrsingh7168@gmail.com or you can give me a call @ +91 9768981777.

    Many Thanks,
    Juggy

  3. Hi,

    I just want to note here that, as per conversation with the Department of Immigration and Border Control, lodging a 457 Visa transfer within the 90 days it is enough to avoid 457 Visa cancellation. It DOES NOT NEED to be approved within the 90 days.

    I found the information in this post to be contradictory to what the Department told me.

    1. Stephenie,
      The law states that the 457 nomination must be approved within 60 days (this has recently been changed from 90 days) to not have the 457 visa cancelled.
      Although, in most cases. the department will not cancel as long as the nomination is lodged.

      If the nomination is not approved, there is always a chance of the visa being cancelled.

  4. Hello Sameer here actually I am on 457 visa my owner will terminate my spomsorship …..after that I need another Sponsorship……but on my safe side I already applied 187 visa application from another employer and got bridging visa a so that’s safe for me if my current employer terminate my 457 visa sponsorship…

  5. Hi sir m studying m.b.a I did bba from India and my study is not completed yet but I want to apply for rsms so is it ok for me??
    Regards,
    Jagdeep

  6. hi My name is preet,
    i am on 457 visa but unfortunately business has been shut down and my 90 days are over. Now i got sponsor after trying hard. My question is : can i transfer my 457 visa while remain in australia or i have to depart australia to lodge an application.
    or else directly apply for RSMS.
    please advice
    Thanks
    preet

  7. Hi there I have a employer who is closing the business in one month and I found an Other employer who is ready to sponsor me for rsms and I would like to know the process step by step.
    Thanks
    Rakesh

  8. Hey,
    I was originally on a Temporary graduate visa (subclass 485) before being offered a sponsorship by my employer. Recently I have been having difference of opinions with my employer and I am afraid that my employment may be terminated. If this does happen is it possible for me to go back on the temporary graduate visa? (When the visa was granted it was valid till October 2017)

    Thank you

  9. Hey,
    I was granted a Temporary graduate visa (subclass 485) on April of last year(2016) and it is valid till October of this year(2017).
    In September 2016 I was granted the sponsorship visa by my employer. I am currently having some difference of opinions with my employer and am afraid that my employment could be terminated, if that does happen would it be possible to roll back over to the Temporary graduate visa as it was valid till October?

    Thank you

  10. Hi what happen if my 457 visa is cancelled after 90 days.
    Can i apply another visa?
    do they give me 28 days to leave australia?

  11. I am in bridging A ( subclass 010) visa. I appyed ens nomination ( temporary resident transtion ) subclass 186 visa on last june 2016. But i have got a lettet form immigration that they habe been made a decision on 2 nd of april, to bar the sponsor from sponsoring more peopel for subclass 457 visa until 26 may 2017. Also to bar the spnsor for 2 years from making future application for approval as a standard business sponsor. This will effect to my visa decision??

  12. I am in bridging A ( subclass 010) visa. I appyed ens nomination ( temporary resident transtion ) subclass 186 visa on last june 2016. But i have got a lettet form immigration that they habe been made a decision on 2 nd of april, to bar the sponsor from sponsoring more peopel for subclass 457 visa until 26 may 2017. Also to bar the spnsor for 2 years from making future application for approval as a standard business sponsor. This will effect to my visa decision??

  13. Hello ,
    actually my 457 visa cancelled after 21 months after visa approve everything done . Restaurant in liquidation in 2014 but I don’t know anything about it now 2017 they check abn closed and business sold another person but he ready to help me I apply already new nomination just waiting for visa . But my pervious visa cancelled I put appeal merit . After nomination approved I have to go for off shore visa could u help me it’s safe . Or other option . If I offshore if visa refuse then can’t come back . I have to sell all stuff . I have two years old son . What I can do vry bad situation. Help me please

  14. Hi,
    I came to Australia on 457 visa and after 6 months I resigned from my current job and started working with new employer after the sponsorship nomination was approved. Now, my previous employer has sent me an email saying that they have requested cancellation of my 457 visa. My question is , is it possible for my previous employer to cancel my visa if they are not the current sponsor?

  15. Hi, I am in a 457 visa and I suspect my boss wants to terminate my employment as I just receive the first warning letter. How long will it take until he can finish my job? Can I apply for another visa after my 457 is cancelled? I need to make a decision as my wife is in the process of getting a skill visa and she is currently dependent of my visa. Can you please help me in what to do? Thanks and much appreciated.

  16. Hi I was on a sponsored 457 visa and decided to return home to the uk and leave my job. Now I have been home 4 weeks I have decided I would like to go back, and my employer would be willing to nominate me again. As this is within the 60 days or 90 days as it says in my visa of finding another job/sponsor would this be ok to get me back into the country, or does once I leave the country cancel my visa? Also I was in my visa for almost 3 years so does this mean if I get the job I can apply for PR?

    Thank you

  17. Hello,

    I’ve got a question. I’m currently on 457 visa, however my employer is not willing to sponsor 186 visa for me. I’ve found a different employer in a regional area who’s willing to apply for 187 RSMS visa (unfortunately, they can’t transfer 457 visa, however).
    So what is going to happen next? Can my new employer lodge 187 RSMS visa while I’m on 457 with the different employer?

    Looking forward hearing from you

  18. Hello,
    If a senior employee ın x company came wıth 457 and have accumulated annual leaves , can he use all annual paid leaves aggreeing with employer during 457? For trt pr visa does this effect negatively? As far as ı know unpaid leave effects negatıvely as long as they paıd your leves shoulnt be a problem right?
    Thank you
    Susan

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