457 to Partner 820 visa

Hi everyone

 

i have been been told by my employer that I need to find another job, they sponsored me in May 2015. My Aussie partner and I are planning to go down partner visa route. I've just started job search for another employer to transfer my 457 (best case scenario) My question is if I do get my 457 cancelled I would go to Bve which means no work rights. Has anyone been successful gaining work rights through financial hardship whilst partner visa is being processed?

thank you

Hi everyone

 

i have been been told by my employer that I need to find another job, they sponsored me in May 2015. My Aussie partner and I are planning to go down partner visa route. I've just started job search for another employer to transfer my 457 (best case scenario) My question is if I do get my 457 cancelled I would go to Bve which means no work rights. Has anyone been successful gaining work rights through financial hardship whilst partner visa is being processed?

thank you

 

yes my daughter did, same circumstances as yours. This was 4 years ago, so hope you get the same result.

She went on BVE, after 457, she and partner pleaded and proved financial hardship.

I'm sorry I can't remember how long it took, let's say about 2 months? Her work rights were lifted, she could then take any job. Still couldn't leave the country until her 820 was granted which took a few more months.

 

Good luck.

Your wait for an 820 visa might not be as onerous as the online waiting times suggest. I moved from a 457 to an 820 visa after being let go - it took about 5 weeks to do all the paper work (mainly police checks which took around 3 weeks) but once I submitted my application is was granted in just 10 days despite warnings on the DIAC website that it could take up to 14 months.

 

If your visa case is pretty clear cut (we'd been married for 10 years) and all the documents are in English then applications seem to go through much faster.

Your wait for an 820 visa might not be as onerous as the online waiting times suggest. I moved from a 457 to an 820 visa after being let go - it took about 5 weeks to do all the paper work (mainly police checks which took around 3 weeks) but once I submitted my application is was granted in just 10 days despite warnings on the DIAC website that it could take up to 14 months.

 

If your visa case is pretty clear cut (we'd been married for 10 years) and all the documents are in English then applications seem to go through much faster.

 

Time together is relevant, you have already proved a committed relationship. Whereas my daughter and partner who are British, had only been together for 15 months when they lodged their application for the 820 visa (dec. 2012) which was a couple months before having to leave her 457 job. they then had to put everything together to plead hardship, to get the work restrictions lifted, that's the part that from memory took 2 months?

It was confusing because a bridging visa A was issued as soon as the 820 visa application went in, and didn't realise that it only came into effect when the 457 ceased, not when it was canceled, so she wrongly thought she was ok. A shock when she found out that she was on BVE.

It took again from memory another 4 months from then before her 820 granted, so 9 months altogether from original date of lodging, and they had also already registered their de facto relationship with the NSW's government. Then another 2 years for PR.

It's also possibly quicker if you have children?

Thank you all so much for taking the time to reply. I am so stressed out right now and its good to hear some positive outcomes. I am assuming our application is straight forward so fingers crossed it gets approved quicker. My partner has a 13 year old who lives with us half the week but hes not biologically mine but I do contribute to his upbringing more financially and emotionally.

Can anyone recommend good Mara agent in Melbourne please?

Hi

quick question;

if im made redundant on 457 visa then lodge partner visa can I still look for another sponsor within the 90 days despite lodging partner visa? I need to work and want to avoid bve if possible!

 

thanks

update

im being made redundant on 23 December so been looking for a new sponsor. Plan to lodge Partner visa in next couple of weeks and hopefully find a new sponsor very soon. Im thinking is it worth waiting till after christmas to lodge seeing as the xmas break will prob slow things down anyway? will it look iffy if I lodge after im made redundant? my relationship is 100% genuine and we have all the paperwork ready to lodge! Stressful times....

Hello - I felt I had to reply to this one as you are stressing out , I normally just read and them but move on.

 

I was in same situation in 2014 at around this time also having the same worries as you, I was in my 90 day period and struggling to find a job and sponsor. I was ringing immigration everyday trying to get an answer on the situation. Anyway I applied for my partner visa in the 90 day period eventually getting through to immigration with a bit of knowledge they put my worries to bed because I had applied for the partner visa and my 457 was current I still had 1 year left on it, the Government let you remain on the 457 visa.

 

You still need to find a sponsor to work but it takes away the 90 day count down. I still have the email immigration sent to me just incase anything pops up even though my visa was granted October 2015. Hope this puts your mind at rest a little.

update

im being made redundant on 23 December so been looking for a new sponsor. Plan to lodge Partner visa in next couple of weeks and hopefully find a new sponsor very soon. Im thinking is it worth waiting till after christmas to lodge seeing as the xmas break will prob slow things down anyway? will it look iffy if I lodge after im made redundant? my relationship is 100% genuine and we have all the paperwork ready to lodge! Stressful times....

 

If you qualify for the partner visa now, I can think of no good reason why you would delay applying. I would not be worrying remotely about whether it looks iffy or not. In fact I cannot think of any reason why it would look iffy for someone with an Australian partner to apply for a partner visa.

 

Hello - I felt I had to reply to this one as you are stressing out , I normally just read and them but move on.

 

I was in same situation in 2014 at around this time also having the same worries as you, I was in my 90 day period and struggling to find a job and sponsor. I was ringing immigration everyday trying to get an answer on the situation. Anyway I applied for my partner visa in the 90 day period eventually getting through to immigration with a bit of knowledge they put my worries to bed because I had applied for the partner visa and my 457 was current I still had 1 year left on it, the Government let you remain on the 457 visa.

 

You still need to find a sponsor to work but it takes away the 90 day count down. I still have the email immigration sent to me just incase anything pops up even though my visa was granted October 2015. Hope this puts your mind at rest a little.

 

I would advise caution as this is not the way things usually go. As explained earlier, it should be expected that when the job ends the 457 cancellation period will start to tick down and when it does the BVE comes into play. Note that the 90 days is now 60 days too.

Thank you nufc it does thanks! Hopefully all works out good in the end eh!

 

60 days only applies to those 457 granted after November 2016.

Good news for me I found a new sponsor! Will still be lodging partner visa in next few weeks but at least now I have a great new job and they've transferred my 457!

Sorry for hijacking your thread Kezzles but I wanted to ask a similar question.

Im currently waiting on my 457 transition to 189 to come through. I wondered if for whatever reason it failed, my 457 ends in early march. Would I be better off just not getting the company to renew it and going for a partner visa? What's the situation with work rights after ending a 457 and applying for a partner visa instead?

Sorry for hijacking your thread Kezzles but I wanted to ask a similar question.

Im currently waiting on my 457 transition to 189 to come through. I wondered if for whatever reason it failed, my 457 ends in early march. Would I be better off just not getting the company to renew it and going for a partner visa? What's the situation with work rights after ending a 457 and applying for a partner visa instead?

If you apply onshore before your 457 expires, you'd be granted a bridging visa with full work rights while your new application is processed. If you are waiting for a 189, you would already have a bridging visa. However, as far as I know, if you have had an onshore visa refusal (e.g. your 189), then you may not be able to apply for another visa while in Australia. So you may need to speak with a migration agent if that happened.

If you apply onshore before your 457 expires, you'd be granted a bridging visa with full work rights while your new application is processed. If you are waiting for a 189, you would already have a bridging visa. However, as far as I know, if you have had an onshore visa refusal (e.g. your 189), then you may not be able to apply for another visa while in Australia. So you may need to speak with a migration agent if that happened.

Sorry not 189, 186. I don't think the visa will be refused, but I'm cautious about the nomination not being approved. I have a bridging visa, but it doesn't come into effect until early March (when my 457 expires). So hopefully my PR will come through by then, or the nomination may fail by then. If the nomination failed, I assume the bridging visa would also become void, and at that point it would be good/possible to go for a partner visa instead?

Thanks for your advice.

Hi leethompson,

 

I had similar problems and contacted the Australian Migration Agent and Immigration Lawyer Association. They took care of my partner visa application including the bridging visa application, can recommend to get in contact with them.

Good luck.

Hi leethompson,

 

I had similar problems and contacted the Australian Migration Agent and Immigration Lawyer Association. They took care of my partner visa application including the bridging visa application, can recommend to get in contact with them.

Good luck.

Hi Frank,

Did they charge?

If I had to do a partner visa, I would do it myself. I've already shelled out about 6 grand on my 186 application.

Thank you though.

Hi Frank,

Did they charge?

If I had to do a partner visa, I would do it myself. I've already shelled out about 6 grand on my 186 application.

Thank you though.

 

Hi Lee, they did charge 1500 for the complete partner visa application. I checked their website and they still offer partner visa for 1500.

 

A friend of mine is just doing a 190 with them and they charge him 4,500 fixed fee for skills assessment, state sponsorship, EOI and visa under a "no win no fee agreement" or so.

 

Why did you have to pay so much for a 186?

Hi Lee, they did charge 1500 for the complete partner visa application. I checked their website and they still offer partner visa for 1500.

 

A friend of mine is just doing a 190 with them and they charge him 4,500 fixed fee for skills assessment, state sponsorship, EOI and visa under a "no win no fee agreement" or so.

 

Why did you have to pay so much for a 186?

 

The application is $4500, plus agent fees, medical, police checks etc.

Apologies if I'm repeating anything anyone's already said but we're rushing to get out for brunch.

 

Having been down this route and had lengthy philosophical discussions with immigration officials, the impact of bridging visas is to extend your current visa until a determination is made on your eligibility for an 820 visa.

 

For me, having been made redundant by my 457 sponsor this meant that the 60 day count down was stopped I could stay until my 820 application was resolved. I assume that if I would have found a new 457 sponsor in that time then that would also have been OK but in the event I got an 801 visa granted only 10 days after submitting my 820/801 application.