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: firstname.lastname@example.org or +61396865966.