Government Targets Vulnerable 457 visa holders. Condition 8107 changed by slashing time 457 holders have to find a new employer from 90 to 60 days!
Change to Condition 8107 on 457 Visa:
The Government has changes Migration Regulations by amending condition 8107 to provide that a 457 visa holder can only cease employment with an approved sponsor for 60 days. The relevant section used to provide that the holder could cease employment for 90 days.
The regulation now provides:
“8107 3(b) if the holder ceases employment — the period during which the holder ceases employment must not exceed 60 consecutive days”
The effect of this change is that if a 457 visa holder loses their job, then now only have two months for find a new employer and get a nomination approved to work for that employer.
Processing time for a decision upon a 457 Nomination
Processing standards quoted by DIBP are currently 40 working days until allocation to a case officer, which if you also count the weekends, is about 56 calendar days until first allocation.
But part of the DIBP integrity push is that they almost always ask for evidence of genuine position for a nomination, which will then start the request further information (RFI) - a cycle which usually takes 28 days at a minimum.
So with one request, the timing to a decision on a nomination is 56 plus 28 = 84 days for a nomination decision with one request.
Sources:
- Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016, https://www.legislation.gov.au/Details/F2016L01696
Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers
This policy will make it practically impossible for most 457 visa holders to find a new position and to stay in Australia if they lose their job.
The timing was already very difficult when only three months (90 days) were allowed.
One of the big problems facing the 457 holder is the time that it takes for DIBP to make a decision on a 457 nomination.
So even if you find a new employer on the day you lose your 457 job, you will most likely not be able to get the nomination approved in 60 days. So the 457 holder will be exposed to having their visa cancelled.
There have been a number of policy changes to try and increase the integrity of the 457 program. Many of these policy changes have been targeting potential abuses by employers. For example the no payment for migration outcome regulations.
This current initiative will actually increase the power of employers and make 457 visa holders more vulnerable to threats. 457 holders will know that the possibility of finding a new sponsor in 60 days and getting then nomination approved is low. So 457 holders may be forced to stay with the current employer.
This information is accurate on 02 November 2016
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