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Partner on expiring 457


richwil

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Hi, basically I'm on a 457 and got made redundant when the company went bump in september. I got another job within a week but I after 8 weeks there was still decision on the company nomination from immigration. The company sacked the migration agents and employed another to oversee the nomination.

 

My problem is that my wife has been in the UK selling the house and is due to come out in a couple of weeks time but by then the 3 months on the 457 will be expired. I will be fine as will get a bridging visa but my wife can't get a bridging visa as she is in the UK.

 

Any ideas on how she can get a visa to come out? The Migration Agent is looking into it but I'm the one with a very irate wife at the other end of a phone line.

 

Help Please

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You only go on to a bridging visa once the original visa expires not after the 90 day period from when you leave your last nominating employer.

 

What is the original expire date on the visa? As I doubt that you are going to a bridging visa, and if you are it is likely one that you can not apply for another visa within Australia.

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You are issued a bridging visa when you lodge a new visa application, not when a new employer lodges a nomination. So you will not go onto a bridging visa. Once the nomination with the new employer is approved, you'll simply be legally able to start working with them.

 

Was your wife included in your original 457 nomination and your application? If so, she can simply arrive on that visa. If she wasn't included, you'd need to add her to your 457 (your new employer would need to agree in writing to extend the nomination to include her).

 

Your migration agent should be able to explain all of this. The fact that they're "looking into it" seems odd - are they a MARA-registered agent?

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ETA for wife?

A valid 457 application can be lodged before a nomination is approved; you are stiff if the nomination is not approved.

 

I advise that all 457 visa applicants to run their cases past a registered migration agent who is not acting for the employer/prospective employer. Few do until the proverbial hits the fan, by which time it is often too late to take remedial action.

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