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Transferring a 457 Visa to a new employer?


Jennifer

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hello,

 

My partner is currently in Perth on a 457 visa and has been there since Dec 2013. He is having a difficult time adjusting and has had a couple of setbacks regarding staying with friends etc. He is very unhappy in his new job and so our question is can a 457 visa be transferred to a new employer should he look for other work?

 

Unfortunately i cannot seem to find a simple answer on the immi website and it all seems so confusing for "normal" people. :arghh:

 

Many thanks in advance.

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Hi and welcome to PP

No, you can't 'transfer' a 457, the visa is dependent upon the ongoing sponsorship of his employer.

If he's unhappy and he's in a job that's in demand he may be able to find an alternative employer willing to sponsor him but that employer has to comply with the same employer requirements as his current one.

If he leaves his current employer before securing another sponsored position he will have just 90 days to find one before he has to leave.

The only other option is for him to apply for PR.

 

Sorry, this may not be the reassurance he was looking for. If he goes down the PR route then get some sound advice from a registered migration agent asap.

 

Good luck

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Thank you for the quick reply and for the information. He is currently working as a Panel Beater so we hope he would be able to find another job successfully...fingers crossed. I'm currently looking at the PR options but im completely bamboozled with the visa options and what would be the best one to go for for this kind of work. I dont know if it is just me but it seems so difficult to find the correct visa!! :arghh:

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As far as I can make out 'Panelbeater' is on the CSOL;

http://www.immi.gov.au/Work/Pages/skilled-occupations-lists/csol.aspx

 

There's more specific detail here;

http://www.immi.gov.au/asri/occupations/p/panelbeater.htm

 

Panelbeater does not feature on the SOL however so it means the only PR option available is to find a company willing to sponsor his ENS 186 or RSMS 187 (which are essentially the same if he intends on staying in Perth).

 

In his position, if he's that unhappy and wants to leave his job, he's got to find another employer willing to sponsor him either permanently or temporarily. This could of course be a high risk strategy, who's to say he won't hate the new job even more?

You say he's had a couple of setbacks and is finding it hard to adjust and small wonder, he's only been here a few months and work and life here may be very different to what he's used to.

If his life outside of work were more positive would that make managing the problems he's experiencing at work easier?

 

TBH I think he should give himself a break, it can be immensely difficult for some to adjust and if you read through this site you'll find some for whom life in Perth is a means to an end - they can't wait to get back to the UK.

Normalisation can take years, he's had just four months and I think you're in the UK, is that right? That's a lot for both of you to deal with.

 

If he can't change his job then it might help if he can get control of the stuff he can change and start moving forward, that may make the job that bit more manageable.

 

Let us know how he gets on and maybe suggest he opens an account on here, he might find some local support and others who've been through a similar experience, this is a pretty good community for help and guidance.

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Thanks so much for your reply. Yes I am still in the UK the plan was for him to come out see how its going and for me to then come out and rent the house out etc, the setbacks he's had have been with friends promising to let him stay for that whole time but then they changed their minds and so he's living an hour and a half away from work with some of my Australian family. That rejection from his friends and the added time journeying to work have taken its toll. He is making new friends outside of work so that is positive, and you're right adjusting is going to be pretty tough. I am coming out in June so hoping that will help. I will definately tell him to sort out an account on here ive had a look through the conversations and its good to know that the things im thinking are already being asked on here. thanks once again!

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Guest guest10912
hello,

 

My partner is currently in Perth on a 457 visa and has been there since Dec 2013. He is having a difficult time adjusting and has had a couple of setbacks regarding staying with friends etc. He is very unhappy in his new job and so our question is can a 457 visa be transferred to a new employer should he look for other work?

 

Unfortunately i cannot seem to find a simple answer on the immi website and it all seems so confusing for "normal" people. :arghh:

 

Many thanks in advance.

 

Well it is not quite as simple as it sounds there, but if he can find another employer, that meets the criteria, then they could apply to take over the nomination of his role. He is already approved, so he doesn't need to go through approval again as such, but the employer would need to meet all the normal requirements.

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Jennifer it must be so hard for you and your partner to be apart through this episode of the emigration journey. Apart from all the normal issues of being in a new country, starting a new job, having to find somewhere different to live, he must be missing you so much. June is not that far away and I hope that once you are here and you are into your own home, things will work out well.

 

Portlauney's advice is good.... especially the part about your partner registering with PP.... it will give him another area of support as everyone on here is very friendly.

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  • 4 weeks later...
Guest lawnproductions

Hi,

 

I am in a very similar situation. My partner is back home waiting for me to "settle in" Also arrived in December, but the company I am with is not doing very well financially. I've had two different managers (all retrenched) in the last 4 months. I was recently offered a position in Sydney for a more reputable company. I must give the new company an answer tomorrow.

 

Two questions:

How long would it take to transfer my 457 to a new company? They are registered for these type of visas.

Would the 186 route be a possibility?

 

Thank you in advance.... the immi.gov website is terrible.

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You can easily transfer 457 visa from one employer to another one. Only thing you need to find a new employer with the same ANZCO CODE. You do not need to pay any visa fess because you already paid for four years. It will take only 20 to 25 days to transfer the same.once it is transferred you are not supposed to work the previous employer not even a single day. This is the main visa condition.

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Guest lawnproductions

Hi,

 

Thank you for the prompt response. I phoned the department of immigration earlier today and the immigration officer said (not friendly or helpful) it will take between 3-4 months!!!

 

However, you must be sponsored by a new company within 90 days after resigning from you current sponsor. Do I keep on working for the current company and only resign once it is approved? Also, I become permanent employee mid June with current company which will change the notice period from 1 week to 1 month .... making things more complicated.

 

Ideal scenario: Resign Friday. Do all the paperwork needed for new employee. Last day with current company is 23 May. Travel to see my partner for 2-3 weeks in June (have not seen her in 6 months!) and start new job 1 July.

 

Am I suppose to be in the country while the visa is being processed / transferred?

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