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The contents of this article are correct as at 21 November 2016

Changes have been introduced to the period of allowed unemployment for 457 visa holders.

A primary 457 visa holder, who was granted their visa before 19 November 2016, is permitted to remain unemployed after cessation of their employment (which includes termination, resignation and abandonment) for:

  • 90 days; or
  • The date their 457 visa expires, if the expiry date is in less than 90 days.

However, this period of allowed unemployment will be reduced from 90 days to 60 days, for 457 visas granted on or after 19 November 2016.

In practice this means, that should a primary 457 visa holder cease their employment, then they will need to take steps to:

  • Leave Australia;
  • Apply for and obtain a visa other than a 457 visa; or
  • Arrange for a new 457 sponsor to nominate them, i.e. lodge a new 457 nomination application.

These steps must be undertaken:

  • Within the grace period, being 90 days if the 457 visa was granted before 19 November 2016, or 60 days for all 457 visas granted on or after 19 November 2016; or
  • Before the date the 457 visa expires, if the expiry date is in less than 90 days or 60 days (as applicable).

If these steps are not undertaken, a primary 457 visa holder will be in breach of their visa condition 8107 and may have their visa cancelled.

It is important to note that cancellation of the 457 visa does not automatically occur on day 60 or 90 (as applicable). Rather, the process of cancellation (which is discretionary) may take place at some unspecified time after the grace period, which will depend on the Department’s resources.

If you have any queries in relation to 457 visas, please click this link to contact Visa Lawyers Australia.

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