457 Work Condition 8107
The main 457 visa holder is subject to the 8107 work restriction.
The work restriction comes into effect once a nomination by an employer is approved. Once this happens, the 457 holder can only work for the nominating employer in the occupation which is specified in the nomination.
There are only a few exceptions to this rule:
- If the employee is employed as a general manager or medical practitioner; or
- The employee needs to serve out a notice period with the previous employer; or
- The employer is an "associated entity" of the sponsor - this would include subsidiaries, parents and sibling companies
If the person ceases employment, this can only be for a maximum of 90 days before the 457 holder is considered to be in breach of their visa conditions and subject to visa cancellation.
457 visa holders must commence work within 90 days of arrival in Australia, otherwise they will be in breach of condition 8107.
If licensing or registration is required for the employee to work in their occupation in Australia, then the employee must obtain the necessary licensing or registration within 28 days.
Changing Employers on a 457 - Example
As an example - if John is employed by Company A on a 457, and obtains a new job with Company B, the process would work as follows:
- Company B would apply for a nomination for John
- Once the nomination is approved, John could work for Company B. John would not need to apply for a new 457
- If John then gives notice to Company A, he can serve his notice period with Company A before working with Company B
- Note, however, that if John gives notice too early and the nomination takes some time to come though, he may be in breach of the 90 day limitation on being out of work
The above process avoids the necessity of applying for a new 457, thus avoiding paying the lodgement fee for the visa and the 457 holder redoing medicals.