# 457 Expiring in 3 days ! Need urgent suggestion



## Sanjos84 (Feb 5, 2012)

Hello fellow members,

I have a strange situation.

I was told that my 457 visa will be extended till now. However, 3 days before it expires, I am told that my employer would no longer extend me. This leaves me in the middle of no-where..

As leaving the country in next 3 days is virtually not possible for me. I would like to know what are the possible options for me so that I can well-plan my departure from the country.. I will need atleast 15-20 days, before I could leave the country.

Is there any specific visa class which allows me to stay further my expiry and what could be implications/risk if I go that way?

Your help would be highly appreciated..


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## rahulreshu (Aug 11, 2013)

You will get 90 days to find a new sponsor or depart



> Extend the period in which a visa holder can seek new sponsored employment
> 
> Before 1 July 2013 – Condition 8107 is a visa condition that requires Subclass 457 visa holders only work for their sponsoring employer, in the occupation or position in relation to which the visa was granted; and if the holder ceases employment — the period during which the holder ceases employment must not exceed 28 consecutive days. This time period is to allow Subclass 457 holders to find a new sponsor or to depart Australia. If a visa holder does not comply with their conditions they are liable to have their visa cancelled.
> 
> After 1 July 2013 - The time period for Subclass 457 holders to find a new sponsor or to depart Australia, if they cease employment with their sponsoring employer, is extended to 90 consecutive days.


Changes to the Subclass 457 program (courtesy "misguided" from another post)


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## mansawant (Oct 23, 2011)

SandeepJoshi said:


> Hello fellow members,
> 
> I have a strange situation.
> 
> ...


Hi, I can't help you much but as per the changes you will have 90 days to find new employer or you have to leave the country.

Below info is available on link Changes to the Subclass 457 program

"Extend the period in which a visa holder can seek new sponsored employment
Before 1 July 2013 &#150; Condition 8107 is a visa condition that requires Subclass 457 visa holders only work for their sponsoring employer, in the occupation or position in relation to which the visa was granted; and if the holder ceases employment &#151; the period during which the holder ceases employment must not exceed 28 consecutive days. This time period is to allow Subclass 457 holders to find a new sponsor or to depart Australia. If a visa holder does not comply with their conditions they are liable to have their visa cancelled.

After 1 July 2013 - The time period for Subclass 457 holders to find a new sponsor or to depart Australia, if they cease employment with their sponsoring employer, is extended to 90 consecutive days."

Hope that helps.

....Mansawant


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## Sanjos84 (Feb 5, 2012)

rahulreshu said:


> You will get 90 days to find a new sponsor or depart
> 
> 
> 
> Changes to the Subclass 457 program (courtesy "misguided" from another post)


Thanks for the reply, Rahul..

Note that in my case both the events i.e. expiration of my visa and end of employment are happening together.

The link you mentioned only talks about this :

"After 1 July 2013 - The time period for Subclass 457 holders to find a new sponsor or to depart Australia, if they cease employment with their sponsoring employer, is extended to 90 consecutive days.
"

I understand that the minimum condition of the above statement is that my visa should be a valid visa.


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## ozbound12 (Mar 23, 2012)

The general wisdom is that you have 28 days from the time your visa expires to leave the country. If you need more time, you can contact DIBP and they may be able to grant you a temporary bridging visa to get your affairs in order to leave. You should really contact the Department as soon as possible to discuss your situation with them. The issue is that if you overstay your visa you may be banned from returning for up to 3 years.

More info: Frequently Asked Questions (FAQ) – Information About Expired Visas


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## rahulreshu (Aug 11, 2013)

I was looking in this pdf to see if something was mentioned but see nothing

http://www.immi.gov.au/allforms/booklets/books9.pdf

You can check that link that ozbound12 posted. Also, you should definitely call up DIBP and get it clarified from them. No point in risking future entry into Australia.


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## Judy&Rob (May 31, 2011)

Employment conditions You must continue to meet the conditions of your employment while on a subclass 457 visa. This includes: working in the occupation for which you were nominated working for the sponsor who nominated the position you are working in, or an associated entity of the sponsor (if your sponsor is a standard business sponsor in Australia) not ceasing employment for more than 90 consecutive days. Skilled workers on a subclass 457 visa are considered to have ceased employment when either you or your employer notifies us. If you stop working for your sponsor, you must do one of the following within 90 days: find another employer to sponsor you (they need to lodge a nomination) apply for a different visa make arrangements to leave Australia. You must apply for another subclass 457 visa if your visa is about to expire and you want to keep working in Australia. You have 90 days to leave or find a new sponsor...


http://www.immi.gov.au/Visas/Pages/457.aspx


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