# Quitting a sponsorship



## mariejosee (May 1, 2011)

Hi,

I wanted to know if anyone had ever quit a sponsorship (457 visa)?

I am quitting mine, as I have to leave the country, and I suspect my boss, who is extremely unhappy, to try to screw me...

He says I HAVE to leave Australia straight after my last day at work...when I know I've got 28 days, right?
But he says he would have a legal obligation to pay me during those 28 days if I stay in the country....which sounds extremely weird to me...why should he pay me when I am the one who decided to quit???

I'm just wondering what is right, and what is wrong in everything he can tell me....cause I've got the feeling he's using the fact that I'm not Aussie to try to play up...

I don't want anything from him, basically...just want my annual leaves to be paid...and get my freedom back...

Anyone to help?!

Cheers!


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## Darla.R (Mar 27, 2011)

Here are some excerpts from the DIAC website that may help to answer your questions

FAQ - Subclass 457 Visa Sponsors Affected by the Economic Downturn
It is claimed that I am responsible for my employee’s ticket back to their country. Is that true? How about their partner and children?

The employer is responsible for meeting reasonable and necessary costs for sponsored persons to leave Australia and return to their home country. This obligation extends to the primary visa holder and any sponsored dependants.

Failure to meet the above obligation may result in the department pursuing administrative sanction action against you such as barring you from accessing the program and/or cancelling your sponsorship agreement.

Should you have any questions relating to the obligation, please contact the department and ask to speak to the Business Monitoring Unit located in you state or territory.
Telephone: 131 881


I heard I have to pay my employee for 28 days after they leave the job. Is that true?

No. There is no requirement for an employer to pay a worker for 28 days after termination.

Workplace relations laws set out specific rules and protections relating to the termination of an employment relationship. These rules relate to the entitlements a worker may be owed at the conclusion of their employment, the period of notice required before employment is terminated, whether the termination of the employment was unfair or unlawful, and for the enforcement of entitlements due under an industrial instrument.

The Sponsorship Obligations require that subclass 457 visa holder are provided the same terms and conditions that are provided to the equivalent Australian worker. This includes conditions relating to the termination of employment. 

Hope that helps.


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## Darla.R (Mar 27, 2011)

These are your obligations as an employee

Temporary Business (Long Stay) – Standard Business Sponsorship (Subclass 457)

"You must notify the department of any change in your circumstances.

If you cease employment, you must do one of the following:

find another employer who is willing to nominate you
apply for another type of substantive visa
leave Australia within 28 days unless your visa expires before that time, in which case you must leave Australia prior to visa expiry.

Visa conditions

If your application for a temporary visa is approved, the following visa condition, known as Condition 8107, will be applied to your visa. This visa condition relates to work conditions and stipulates that you must work:

in the occupation you were nominated for; and
for the sponsor, or an associated entity of the sponsor (except for exempt occupations). Further information is available on ComLaw (IMMI 10/030).
See: ComLaw

If you do cease employment, you must not cease for more than 28 consecutive days. You are considered to have ceased employment when either you, or your employer gives notice of intention to cease employment and the date of the notice of intention to cease employment has passed. If more than 28 consecutive days have passed since the date in the notice of intention to cease employment, you may be in breach of Condition 8107 and may have your visa cancelled. In the event that you abandon your employment, or are absent without leave (AWOL), you may be considered to have ceased employment.

If your visa is about to cease, and you want to apply for another Subclass 457 visa, you must lodge a new visa application.

From 14 September 2009, if you want to change employers (within the validity of their visa) you will not be required to apply for a new Subclass 457 visa, however a nomination must be lodged and approved by your new sponsor."


You are entitled to all leave and other benefits as you work out your period of notice. If you employer decides to terminate you immediately he is still obliged to pay you for your notice period, including compensation for any leave you have accrued. He cannot treat you differently to any other employee just because you hold a 457 visa.


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## mariejosee (May 1, 2011)

Thanks a lot Darla!! 
Makes me feel better! Can't wait to be free!!


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## orange12 (May 2, 2011)

hi.. would someone be able to help me here.

i intend for my last day at work (im on 457) to be 1st July 2011. 
based on this - " _You are considered to have ceased employment when either you, or your employer gives notice of intention to cease employment and the date of the notice of intention to cease employment has passed_. "

does that mean i can only let my boss know exactly 28 days before 1st July? 

and when do i have to _leave _the country? 
- 28 days from my last day at work? 
- or 28 days from when i gave my notice to leave? (which basically means flying off on my last day of work which leaves me with no time to pack??!)

thanks!


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## alefanin (Jun 23, 2021)

Hi,

I was reading your website and wanted to thank you for all the information provided about the different visas and immigration situation.

Unfortunately, there’s something I still cannot get a proper answer and would like to know if you’re able to help me with that.

I am holding a 482 visa (Sponsorship) with 20 months remaining. I would like to quit my job and look for another one with which I can apply for a COVID visa.

I wanted to know, once I quit my job, of course my visa will be cancelled. I know I have 60 days to decide what to do next but I was wondering if I’m still able to work legally during those 60 days? Which are my work rights?

I look forward to hearing from you soon.

Kind regards,
Ale


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## NB (Mar 29, 2017)

alefanin said:


> Hi,
> 
> I was reading your website and wanted to thank you for all the information provided about the different visas and immigration situation.
> 
> ...


Till you get a new sponsor and visa issued, you cannot work
You can just stay in the country legally to settle your affairs 
Cheers


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