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457 visa holders: changes & key rules you NEED to know

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What are the new rules around the timeframe that I may remain in Australia after I cease my employment?

If you are granted a subclass 457 visa on or after the 19th of November 2016, you are only allowed to remain in Australia for 60 days (previously 90 days) after ceasing employment. HOWEVER, if your visa was GRANTED before the 19th of November 2016 you will still be able to remain in Australia for 90 days after ceasing employment. Your sponsor must STILL notify the immigration department within 28 days of you ceasing employment.

Is it true that my sponsor must pay for my flights to leave Australia?

If requested in writing by the visa holder or immigration department, the sponsor must pay reasonable and necessary travel costs to enable the primary visa holder and any sponsored family members to leave Australia. This must be done within 30  days of the request.

Can I serve out my notice period with my previous sponsor even after my new nomination is approved?

Yes. Subclass 457 visa conditions allow a visa holder to serve out their notice period with their previous sponsor including after a new nomination is approved.

Will the immigration department cancel my visa if I remain in Australia beyond the period permitted?

Yes. Unless you have been nominated by another sponsor or applied for another visa your visa will be cancelled. The sponsor will need to pay the costs incurred by government in locating and removing the person from the country (the maximum is AUD 10,000 per person).

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