What secondary employment can be undertaken on a 457 visa?
A subclass 457 visa holder must have a genuine intention to perform the nominated occupation in Australia and this includes not undertaking additional work or activity that is inconsistent with the nominated occupation.
As a result, unless exempted, a primary subclass 457 visa
holder may not undertake secondary employment unless this work is:
- undertaken for the sponsor;
- in the nominated occupation;
- consistent with the position they were approved to fill; and
- incidental to their principal employment.
Under policy, voluntary unpaid work is not considered to be a breach of 8107 provided it does not affect the ability of the subclass 457 visa holder to work in the nominated position on a full-time basis. In view of the sponsorship obligations that apply to the sponsor, however, the visa holder is expected to get the agreement of their sponsor.
This is because voluntary work would not normally meet the definition of ‘work’ under regulation 1.03 – that is, as an activity that in Australia normally attracts remuneration. Furthermore it would not take a job opportunity away from an Australian and may be to Australia’s benefit.
Work outside Australia
Condition 8107 condition applies to an impacted visa holder in relation to their work rights while in Australia. This condition does not impact on work or employment that the visa holder may undertake overseas, provided the overseas based employment/income is not related to any business activities within Australia.
In certain circumstances where a subclass 457 visa applicant will be undertaking work outside of Australia to a substantial level, it is, however, possible that the Department may have concerns that the position being nominated is not a genuine position as the applicant may not be primarily working in the nominated position.
If officers are satisfied that the subclass 457 visa holder:
- did not have a genuine intention to perform the occupation for which they were nominated; or
- has ceased to have a genuine intention to perform that occupation