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Options for a 457 visa holder following cessation of employment.

Written By Will Aldous
Tue, Nov 26, 2013
Will Aldous

An employment relationship can cease for a variety of reasons. Following the cessation of employment, an employer is obligated under the standard business sponsorship (SBS) obligations to notify the Department of Immigration and Border Protection (DIBP) within 28 business days of the change of circumstances. As Registered Migration Agents representing Australian Business Sponsors, it is usually Migration Agents in our office who provide the notification to DIBP. The 457 visa holder will then have a period of 90 days to undertake one of the three options outlined below.

The three options available to a 457 visa holder following cessation of employment are;

1/ Depart Australia

In event that a sponsor is asked in writing by a visa holder, a return airfare must be provided to the visa holder’s country and place of origin. This requirement includes any dependent family members who may also be in Australia. The 457 visa will be cancelled at a later stage by DIBP following departure. The 457 visa holder can apply for the superannuation paid into their superannuation fund by their former employer to be returned to them in their home country. This is called a Departing Australian Superannuation Payment. Link below to access this process.

Departing Australian Superannuation Payment

2/ Apply for a visa of a different subclass.

Options may include a partner visa, or a student visa, etcetera. If the new visa lodged provides a bridging visa, then the visa applicant will be able to remain in Australia while processing occurs on the new visa, following the cancelation of the 457 visa.

3/ Take up employment with an alternate approved business sponsor.

In order to work for a new business sponsor, a new nomination application must be lodged by the intended new sponsor and approved with DIBP. In practice, we find that the majority of 457 visa holders in this situation, usually will source an alternate sponsor within the required time frame, and successfully transfer to the new sponsor.

Employers or 457 visa holders can contact one of the registered migration agents at TSS Immigration for more information on an employers obligations in these circumstances and options available to a 457 visa holder and their family.

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