MaggieMay24

The DHA website links to this Fairwork site: https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/visa-holders-and-migrant-workers-workplace-rights-and-entitlements. So it confirms that 482 visa holders are entitled to parental leave. I believe the parental leave time also counts towards the employment period for a PR visa but it's always worthwhile to confirm this with a registered migration agent.

If you click the link in Raul's signature, it'll take you to his company's website and you can contact him directly via that.

As a reminder to posters, threads in the Partner Forums are not for general replies. In this case, only @Andrew from Vista Financial or one of his colleagues should reply. Thank you.

Your visa is only cancelled if/when DHA processes a cancellation, it isn't cancelled automatically (first they'd contact you to notify you of intent to cancel your visa and give you an opportunity to comment). There's a good possibility the nomination transfer will be processed within 60 days, but unless you have a strong reason to resign from your current employer, it's generally best to stick it out until your new employer receives notice that the new nomination has been approved. Then you can resign, work out any required notice period and start with your new employer with one less stress to worry about.

Most modern awards set out the required pay dates, e.g. clerk's award states that in case employees are paid monthly, then the payment must be made 2 weeks in advance and 2 weeks in arrears (so basically you must be paid in the middle of the month). So depending on what award your position may fall into, your boss may not be able to pay "any day practical". Also, laws set out when Super contributions must be made. I don't know if Immigration will take any issue with your employer not following legal requirements to pay your salary and super on time, but it would certainly be to his advantage to do so in case FairWork ever investigates the issue.

Reminder to other forum members, this is the partner section for Vista Financial only to reply. Thank you.

You only get a bridging visa if you lodge an onshore application while holding a valid visa.

4) I believe if my partner applies for PR through his work sponsorship, then he won't be able to swap jobs/companies. Is this true? Can he swap jobs/companies if he's on a partner visa? While the application is being processed, he could change employers however it would mean starting over again (if his temporary sponsored visa is still valid, that can be transferred to the new employer and a new PR nomination/visa application lodged if the new employer is willing/able to sponsor). After the PR visa is granted, he can change employers at any time if he holds a 186 (if it's a 187 DHA can cancel the visa if he doesn't remain with his employer for 2 years after grant). It's possible his employer may have him sign an agreement to repay all/some of the costs if he leaves within xx months/years after grant so he'd need to weigh up if that was a show-stopper of changing employers. On a partner visa, he can work for anyone doing any type of job, or not work at all.

Actually that's incorrect, there's no legal requirement to remain with the employer who sponsored the 186 visa. All that is required is that the visa applicant intends to stay with the employer (similarly the employer commits that they intend to employ the applicant for 2 years after the visa is granted but they aren't legally required to do so). There's a possibility the employer could complain to DHA if the visa holder resigns quite soon after the visa is granted in case they think the applicant was already planning to leave before the visa is granted, but I've not heard of DHA taking any action against visa holders who quit.

I can't speak as to the processing time. The process of transferring can start while you're still at your current employer. I wouldn't recommend leaving your current employer until the transfer is complete - if there's a delay in the processing or if, for some reason, the new employer pulls out or if they're rejected as a nominating employer, you'd be stuck without a sponsor. You can wait until the transfer is complete and then give your notice before joining your new employer.

AFAIK, if you are eligible for Medicare then you are not entitled to the exemption. If you've applied for a PR visa you may have become eligible for Medicare. https://www.servicesaustralia.gov.au/individuals/subjects/how-enrol-and-get-started-medicare/enrolling-medicare/if-youre-australian-permanent-resident

A consultation may still be worth the investment so you get a better picture of what your options are.

It isn't possible to predict if/when the points cutoff will change as it's a queuing system. So if your son-in-law has 90 points, if anyone with 95 points applies before the next invitation round, they'd move ahead of him in the queue.

Does she hold the temporary or the PR partner visa? If she has the temporary one, she will remain on that until she gets the PR one. If she's in Australia and holds the PR visa such as 100 or 801 visa, then she doesn't need an RRV if she doesn't plan to leave Australia and if the travel rights are still valid. However if the travel rights expire and she wants to be able to leave Australia (and then re-enter), she would need to get an RRV.

I assume your options are limited to perhaps a visitor visa. However the fact that you're finishing a working holiday visa, getting a visitor visa immediately after may be difficult.