Applying for a Subclass 457 Visa - Do Not Breach Your Visa Conditions!

Are you currently on a temporary visa looking to apply for a Subclass 457 visa? Are you wondering when you can stop going to class or paying your school fees? Well then this blog and video is for you!

Importantly, Subclass 457 visas have a very specific criteria called the 'substantial compliance' requirement. Essentially, what this means is that any applicant to a Subclass 457 visa 'cannot have been in breach of any conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa'.

To explain, this means that 457 visa applicants must comply with all their current visa conditions until the 457 visa is approved. If for example, someone on a Tourist visa applies for a Subclass 457 visa, but before the 457 visa is approved they are caught working in breach of the 'No Work Condition', then they are likely to fail the Substantial Compliance criteria and have the Subclass 457 visa refused on this basis.

​This is perhaps the most common when it comes to international Students and Student visas. If an international Student applies for a Subclass 457 visa, but before the 457 visa is granted they stop going to class or paying their school fees and are reported to the Department of Immigration and Border Protection, then this may lead to the refusal of their Subclass 457 due to the Substantial Compliance requirement.

Other scenarios that commonly come at risk of failing the Substantial Compliance requirement of the Subclass 457 visa:
Working in excess of the 40 hours a fortnight on a Student visa
Not holding the appropriate health insurance cover on certain visas
Working for one employer for more than 6 months on a Working Holiday visa
Breaching any condition on a visa!

Importantly, it is well within the discretion of Departmental case officers to investigate documents and information to ensure 457 visa applicants have not been in breach of current or previous conditions.

​If you are looking to apply for a Subclass 457 visa and require the representation of a Migration Lawyer in Brisbane today, then feel free to contact us on 1300 MIGR8TE (644 788) or email your enquiry to [email protected].


Salvo Migration
320 Adelaide St
Brisbane QLD 4000
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