# Time extension after resigning from 457 visa job



## neurix (Nov 19, 2012)

Hi, 

I am thinking to resign from my current job in Australia (working here on a 457 visa) and to head back to Europe for 6-12 months for personal reasons. 
Is there a chance to remain in the country for more than 4 weeks after the resignation? I was planning to see a bit of Australia before heading back. Is it possible to ask the Immigration Department for an extension?

Am I right that my time (2 years) towards PR would start again with my return to Australia or is there a way to use the time of my current 457 visa (12 months)?

Thank you for your answers.


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## Guest (Nov 19, 2012)

You would have to apply for another visa to stay beyond the 28 days period given, no extensions. You might qualify for a tourist visa, which you know you can't work on.

Yes if you come back the clock will start again because you won't be working in Australia.


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## neurix (Nov 19, 2012)

Hi _shel, 

Thank you for your answer.

Can I apply for the tourist visa from Australia or do I have to leave Australia for the visa application?

It almost sound like the best to ask for unpaid leave, afterwards work for some time and postpone my resignation date.


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## Guest (Nov 19, 2012)

That wouldn't work, you need to be employed full time being paid at the market rate. Unpaid leave doesn't qualify for part of that.

Yes you can apply onshore. Are you near a DIAC office?


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## Maz25 (Jul 6, 2008)

Just to add to Shel's post, you would not be able to take unpaid leave whilst on a 457 visa as the conditions of the visa requires that you be working for your sponsor, in the nominated occupation and that they additionally pay you a salary. 

Both yourself and your sponsor would be in breach of your visa conditions if you took unpaid leave.

If you are wishing to return to Australia, I would advise that you speak to your sponsor before you resign. They might be willing to keep your position open if you need to be away for a short period of time, or they might keep your records on file if you need to be away for a few months and you can then contact them again once you have are in position to return to Australia.


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## Bluegum2012 (Aug 31, 2012)

I am thinking to resign from my current job in Australia (working here on a 457 visa) and would like to find a new sponsor.

As soon as I handover my resignation the one month notice period with my current employer starts and I should have one more month to find a new sponsorer. So technically I can stay with in Australia for 2 months.Is this right as per current 457 rules?


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## Guest (Jun 19, 2013)

Yes so long as you are working and being paid during the notice period.


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