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Can I work a second job whilst holding a 457 Temporary Work visa?

Visa Australia 457 Temporary Work Visa Immigration Migration application work skilled qualified trade

The simple answer is NO. You will note on your visa grant letter from the Department of Immigration and Citizenship (DIAC) condition 8107.

Condition 8107 places employment conditions on your visa and as the main applicant you must;

  • Work in the occupation for which you where nominated
  • Work 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)

It is a common question we get asked regarding doing extra work on the 457 visa, such as;

  • Can I work a second job in addition to my full time job on a 457
  • Can I work for myself as self employed (sole trader) in addition to my work on the 457

DIAC specifically advise;

457 visa holders must not;

(a) cease to be employed by the employer in relation to which the visa was granted; or
(b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
(c) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.

A 457 visa holder who works for an employer that is not their standard business sponsor or an associated entity of the sponsor breaches 8107.

What happens if I cease employment on my 457 visa?

Condition 8107 places employment conditions on your visa and as the main applicant you must;

  • Not cease employment for a period of more than 28 consecutive days

You are considered to have ceased employment when either you or your employer notifies the department you will cease employment.

If you cease working for your sponsor, you must do one of the following within 28 days (the 28 day period starts from the date you cease employment):

  • find another employer to sponsor you (they need to lodge a nomination)
  • apply for another type of substantive visa
  • make appropriate arrangements to depart Australia.

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

If you find yourself in a situation where you may be in breach of condition 8107 or require assistance with a further 457 visa application then please contact our migration team for further assistance.

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