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Bridging from 457 to 186


burmtra

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Im currently on a 457 with my partner and my employer has applied to sponsor me under the 186/ENS scheme.

 

My partner inst included in the 186 application, just myself.

 

What I'm trying to clarify is whether when I submit my 186/ENS Visa application whether my 457 would then be converted to a Bridging visa A or would I\we have the option to stay on the 457 until my ENS\186 has been approved & activated?

 

 

Ie. Can I stay on my 457 visa with my partner until I activate my ENS\186 Visa?

 

 

 

Any help appreciated.

 

 

Thanks

 

Liam

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  • 2 months later...

Hi Liam

 

I can't be much help in answering your question; I just thought I'd share your confusion, being in the same situation. I'm in Australia under my partner's 457 but recently applied for my 186 and then travelled to the UK over Christmas. Today my migration agent has confused the heck out of me with talk of a bridging visa and now I've no idea whats going on!

 

Have you managed to get any better understanding of how it all works?

 

Clare

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As I understand it from my MA a bridging visa grant is automatically generated when a PR application is made however your 457 visas remain valid. The bridging visa must only be maintained if your existing visa had been close to expiry. There are no travel restrictions during application processing as your 457 visas remain valid. Hope that helps!

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When you lodge a SC186 application while holding a 457, you're given a Bridging Visa A (BV-A) that remains dormant until the 457 expires. Once the 457 expires, the BV-A activates and you're on that until your 186 visa decision is made. Note on the BV-A that if you wish to leave Australia for a trip abroad, you need to apply for a Bridging Visa B (BV-B) for the trip. Then when you return, apply for the BV-A again. DIAC counter staff sometimes say you don't need to do this, but we advise clients to do it anyway, since technically the BV-A ceases as soon as you leave Australia.

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Thanks Mark. That's the bit I just fell over; our application was lodged on the 21st December and I travelled to the UK on the 29th oblivious of any rule breaking! Migration agent has advised I now need to sign some form or other :)

 

So, for as long as the 457 is current, that is the visa we are bound by and the BVA is just a 'backup'?

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Thanks Mark. That's the bit I just fell over; our application was lodged on the 21st December and I travelled to the UK on the 29th oblivious of any rule breaking! Migration agent has advised I now need to sign some form or other :)

 

So, for as long as the 457 is current, that is the visa we are bound by and the BVA is just a 'backup'?

 

You are free to come and go as you please on the 457 visa. I can see no reason to have to go and sign any form relating to the situation you describe.

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As Mark has also said, the bridging visa only activates when the 457 expires. This is stated in the email you receive when your application is accepted as valid. It is also stated on the DIAC website.

 

Ok, well I have no email to go on and my migration agent is telling me I need to sign a form (I don't know which) because I left the country after my 186 application was submitted and its something to do with a bridging visa...that's all I know

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I've just looked up the email, here is the exact wording:

 

'A bridging visa has been granted to each of the applicants listed in the Visa Application Summary. This visa allows you to remain lawfully in Australia while your application is being processed. The bridging visa will only come into effect when any other visa that you hold ceases.'

 

So therefore if, for argumements sake, your 457 is valid until 2014 then the bridging visa will not kick in until then. Whilst you have a valid 457 you will be able to come and go as you wish, as per the 457 visa conditions.

Edited by Tickled Pink
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  • 4 years later...

Hey! Sorry to bump an old post, but figured it was best rather than start a new one. 

I'm currently in Australia on a 457 visa which is valid until the 19th February 2018.

I've submitted the application for my 186/ENS visa & have received my "Notification of grant of a Bridging visa"

 

I have been in the UK from June 1st till October 1st 2017 & plan on travelling back to the UK for two weeks over the Christmas period. 

I'd like to confirm that since my 457 visa is still in effect, I am able to travel without the need of applying for a BVB? 

Quote

About your bridging visa

This bridging visa is not in effect because your Temporary Business Entry visa is currently in effect.

 

I also plan on travelling to India at the end of February for a wedding. Assuming this is reasonable reason for applying for a BVB which I will need to do so.

Any advice much appreciated. 

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The subclass 186 visa application should have included your partner. However, you can add your partner to the application provided you do so before the application is decided. It is best to do so carefully, but the regulations provide for this action specifically.

If you wait until your 457 visa expires without including your partner in your 186 application, you partner will risk ending up without any visa.

Hugh Wyndham
Registered Migration Agent
MARN1280353

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18 hours ago, RHW99 said:

The subclass 186 visa application should have included your partner. However, you can add your partner to the application provided you do so before the application is decided. It is best to do so carefully, but the regulations provide for this action specifically.

If you wait until your 457 visa expires without including your partner in your 186 application, you partner will risk ending up without any visa.

Hugh Wyndham
Registered Migration Agent
MARN1280353

You are responding to the original post which is 5 years old.

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19 hours ago, Mark Turner said:

Hey! Sorry to bump an old post, but figured it was best rather than start a new one. 

I'm currently in Australia on a 457 visa which is valid until the 19th February 2018.

I've submitted the application for my 186/ENS visa & have received my "Notification of grant of a Bridging visa"

I have been in the UK from June 1st till October 1st 2017 & plan on travelling back to the UK for two weeks over the Christmas period. 

I'd like to confirm that since my 457 visa is still in effect, I am able to travel without the need of applying for a BVB? 

I also plan on travelling to India at the end of February for a wedding. Assuming this is reasonable reason for applying for a BVB which I will need to do so.

Any advice much appreciated. 

Are you still working for the company which sponsors you for the subclass 457?

You were outside of Australia for 4 month. if you were not working for your sponsor, this could be a breach of your subclass 457 conditions.

If the 457 is in order, you can continue to travel on that. If you plan to return after the 457 expiry date, you will need to obtain a BVB before leaving.

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On 10/11/2017 at 07:03, Raul Senise said:

Are you still working for the company which sponsors you for the subclass 457?

You were outside of Australia for 4 month. if you were not working for your sponsor, this could be a breach of your subclass 457 conditions.

If the 457 is in order, you can continue to travel on that. If you plan to return after the 457 expiry date, you will need to obtain a BVB before leaving.

Thanks for the response @Raul Senise.

I've been working for the company which sponsors me for the last 4 years, including the period I was outside Australia. (working remote)

That's good news, I intend on returning to Australia before my 457 expires. 

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