Australia – Reduced Departure Timeframe for 457 Holders Once Employment Ends

Australia – Reduced Departure Timeframe for 457 Holders

This GMS Flash Alert reports on an announcement from Australia’s Department of Immigration and Border Protection regarding a reduction in the timeframe for primary 457 visa holders being able to remain in Australia following cessation of employment.

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Flash Alert 2016-119

Australia’s Department of Immigration and Border Protection (DIBP) has announced a reduction in the timeframe for primary 457 visa holders being able to remain in Australia following cessation of employment.1 

This change is scheduled to come into effect from 19 November 2016, subject to final approval by the Governor-General of the Commonwealth of Australia.

WHY THIS MATTERS

Under the new policy, the change from a 90-day timeframe to a 60-day timeframe upon cessation of employment will affect companies’ employees granted a 457 visa on or after 19 November 2016, where an employment ends or is terminated.  Employers may need to review current internal policies or communications if reference is made to the 90-day timeframe.  

Amendment to Visa Condition 8107

The change will be effected through the amendment of visa condition 8107 attached to newly granted primary Subclass 457 visas. 

Under the revised visa condition 8107, all primary 457 visa holders who are granted their visas on or after 19 November 2016 will have 60 days to depart Australia or apply to remain upon the cessation of employment with their sponsoring employer.  This has been reduced from the 90 days afforded to existing primary 457 visa holders. 

KPMG NOTE

All sponsorship obligations of approved Standard Business Sponsors under the 457 visa program, such as the requirement to notify the immigration department of a cessation of employment within 28 days of the employee’s last day of employment, will remain unchanged.

FOOTNOTE

1  This information is sourced from DIBP’s 457 and BV ABC Management Section, Temporary Visa Programme Branch.  It has yet to be published on the DIBP website. 

RELATED RESOURCE

This article is excerpted from “Reduced Timeframe for 457 Visa Holders to Depart Australia after Cessation of Employment (PDF 148 KB),” in Migration Newsflash (18 October 2016), a publication of the KPMG International member firm in Australia.    

CONTACTS

For additional information or assistance, please contact your local GMS or People Services professional* or one of the following immigration professionals with the KPMG International member firm in Australia:

 

Michael Wall

Tel. +61 2 9335 8625               

mwall2@kpmg.com.au  

 

Ivan Hoe

Tel. +61 8 9263 7181

ihoe@kpmg.com.au  

 

*  Please note that KPMG LLP (U.S.) does not offer immigration services

The information contained in this newsletter was submitted by the KPMG International member firm in Australia.

© 2017 KPMG, an Australian partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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