Losing Your Job on Visa 457

Losing Your Job on Visa 457

If you’ve been terminated from your role and you’re on a 457 visa, it can be really stressful.

A 457 Visa is a type of Temporary Skilled Work Visa. It allows you to work in Australia in your nominated occupation for an approved sponsor for up to four years. The Key Point is that you must have the support (or sponsorship) of your employer.

If you lose your job with your sponsored employer, you are no longer fulfilling the requirements of your visa. So what happens next?

WHAT YOU NEED TO DO WHEN YOU LOSE YOUR JOB?

Within 28 days of losing your job, either you or your employer needs to notify the Department of Immigration and Border Protection that you’re no longer working for your sponsor. From then, you have 60 days to either:

  • Find another employer to sponsor you (they need to lodge a nomination and have it approved before you start working for them)

  • Apply for and be granted another visa

  • Leave Australia

If you don’t act upon one these actions in within 60 days, you could be in breach of Condition 8107 and your visa could be cancelled.

WHAT YOUR EMPLOYER NEEDS TO DO?

Your employer will most likely be the one to notify the Department of your changed circumstances. This is because they face steep penalties for falsifying employment records or misleading the Department.

Upon the end of your employment, your sponsor is obliged to cover your (and your family’s) travel costs to return home, as part of the 457 visa requirements.

It can certainly be a confusing and upsetting time when you lose employment, especially if you’re on a 457 visa. The key thing is to make sure you follow through with all of your visa requirements and have a clear plan of action going forward.

An Immigration Lawyer can help you create a plan of action if you lose your job on a 457 visa. Contact us today for friendly, professional and effective advice.