Can 457 Visa Holders Work A Second Job?

A common question from 457 visa holders is can they get a second job to complement their current income?

The answer is NO due to condition 8107 which all holders receive when they are granted the visa.

What Is Condition 8107?

This is the condition that says you must work within the occupation and for the sponsor you nominated in your application.

This same issue arises if you want to work for yourself as a sole traders on top of your current job while staying in Australia on a subclass 457 visa.

So to be clear, when your in Australia you must remain employ by the employer who nominate you and in the position/occupation consistent with your application. You also cant work for any other company (including yourself) during your stay.

What Happens If I’m Fired Or Quit?

According to condition 8107 you must remain employed with no gaps of more then 90 consecutive days (worth noting when taking leave).
This was 28 days until the 1st of July 2013 when the time period was extended to 90 consecutive days.

Once a company notifies the Department Of Immigration & Boarder Patrol that you are no longer employed by then you have 90 days to either:

1. Find another sponsor within Australia (at least a nomination needs to be lodged within this timeframe)
2. Apply for a different visa
3. Make arrangements to leave Australia

What Happens If I’m Injured At Work?

Each state and territory in Australia have different laws and insurance policies but generally all workers are covered under workers compensation policies.

In New South Wales a recent company was fined after the government found they didn’t have WordCover NSW policies for any of their 45 international workers on subclass 457 visas.

If your hurt during work (as a 457 visa holder) immediately notify your superior (or Manager) and make sure you log the injury. While you may not make a specific claim any injury sustained this is critical down the track if you later find you do need treatment or so management understand that some safety concerns exist within the workplace.

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