How to transfer a chef on a 457 Visa to a new employer

(Please note that due to changes to the 457 Visa program announced by the Australian Government on 18th April 2017, the information below may not be accurate. Please see our latest post Summary of 457 Visa changes for more information) 

A 457 Visa allows restaurants to sponsor international chefs so that they may work in Australia temporarily. If you are a chef or hospitality worker who is in Australia on a 457 Visa and you want to change employers, there are steps you must take to transfer that visa to the new employer.

Criteria for New Employer

There are criteria that the new employer must meet before a 457 Visa can be transferred. The new employer must hold a valid Standard Business Sponsorship or they must be willing to apply for Standard Business Sponsorship. In order to obtain such approval, your organisation must be lawfully operating, not have an adverse background and will be the direct employer of the person you are sponsoring. In addition, the organisation must have a strong record of employing local labour and meet certain training benchmarks throughout each year of sponsorship. Once the employer has obtained or demonstrated that they already have Standard Business Sponsorship, they will need to submit a 457 nomination transfer in order to sponsor you.

Need and Salary

One of the things that the new company may need to demonstrate is that the position you will be filling is necessary for business operations. This is quite straightforward as restaurants can’t reasonable operate without chefs. They may also need to demonstrate that they are paying you a market rate salary.

Condition 8107 and 8501

Under Condition 8107 of some 457 Visas, you must be employed with an employer in the approved occupation. Common restaurant occupations that are listed as approved occupations are:

• Cook
• Chef
• Café or Restaurant Manager
• Hotel or Motel Manager
• Pastry Cook.

Under Condition 8501, you must maintain adequate health coverage while working in Australia. Condition 8107 means that you can only work for an employer in the nominated occupation or role stated on the visa. In order to transfer the visa, you will need to demonstrate that your role with the new employer is consistent with an approved occupation. If you are performing the same job duties with the old company as you were the new one, this is relatively simple. However, if you are entering a new occupation with the new company, the new employer will need to nominate you for the occupation that best matches your new duties and not for the one you hold currently.

Visa Validity

Transferring a 457 Visa does not change the term for which the visa is valid. If the original visa was issued for four years and you change employers one year after the issuance of the visa, you will still have three years remaining on your visa.

Documents You May Need

Your employer must demonstrate that their company holds a valid Standard Business Sponsorship or is eligible for one and they must complete the documentation regarding the position you will hold, confirming that it is consistent with an occupation that is listed as an occupation that can be sponsored as well as documenting that there is a genuine need for you to fill the position. The employer may ask you to provide your passport and the qualifications you have that make you the best candidate for the job. They may also require proof of your ability to speak English, work references and payslips that show your work experience in a paid capacity.

Changing Jobs Before Transfer

If you leave your position with an Australian employer prior to obtaining a transfer, or if your job duties are made redundant with your current organisation, you can search for a new sponsor, apply for a different type of visa or return to your home country. Once you have ended employment, the Department of Immigration will contact you via letter and you will have 90 days to find a new employer or depart the country. It is recommended that you find a new sponsor prior to ending employment while in Australia as you may not be able to find a new sponsor within 90 days.

Approval Required

You cannot begin working for the new company until the transfer is approved. However, you can complete a notice of termination period with the first employer after the transfer has been approved. The normal processing time for transfers is between two and four weeks. The ability to continue working for a previous employer even after your 457 visa has been transferred allows you to fulfil any employment contract you may have.

Transferring a 457 Visa is not difficult, but it is important that you seek a sponsorship before leaving the employment of your previous organisation. Once notified that you are no longer employed in Australia, you must find a new sponsor or leave the country within 90 days. This can make it difficult to find a new sponsor in such a short period.

If you would like to discuss this or any other challenges you are having, feel free to contact me, Justin Browne on (02) 9235 0919 or email justin@edupi.com.au.