Greggers68 Posted January 7, 2013 Share Posted January 7, 2013 Hi All, I was wondering if anyone can assist me with my question: I have just finished employment on my 457 Visa (earlier than expected) and have a Bridging visa A (BVA) granted while i wait for my PR visa application results. Does my BVA automatically kick in or do I have to inform someone? Can I work on a BVA? Is it better to try and find another sponsor to take over my 457 Visa? Kind Regards Greggers Quote Link to comment Share on other sites More sharing options...
scotexpat Posted January 7, 2013 Share Posted January 7, 2013 Hi sorry i can't be of help but i may be in the same situation. Are you able to work during the Bridging Visa? Sorry to highjack your thread. Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 7, 2013 Author Share Posted January 7, 2013 Thats fine buddy. Let's hope someone can help. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 7, 2013 Share Posted January 7, 2013 Hi All, I was wondering if anyone can assist me with my question: I have just finished employment on my 457 Visa (earlier than expected) and have a Bridging visa A (BVA) granted while i wait for my PR visa application results. Does my BVA automatically kick in or do I have to inform someone? Can I work on a BVA? Is it better to try and find another sponsor to take over my 457 Visa? Kind Regards Greggers Did your employment cease? Did the 457 expire or was it cancelled? I would not be so sure that you have a BVA, depending on the above. Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 7, 2013 Author Share Posted January 7, 2013 My employment was terminated so I have informed DIAC today that my last working day was yesterday, unfortunately they were not very helpful apart from repeatedly telling me I have 28 days to sort something out. My BVA states if my 457 ceases it will be activated, so I assume that starts immidiately or does it mean in 28 days. I can't find anywhere that tells me if I can work or if I can transfer my 457 to another emplyer while having a BVA. Hope that makes sense. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 7, 2013 Share Posted January 7, 2013 (edited) My employment was terminated so I have informed DIAC today that my last working day was yesterday, unfortunately they were not very helpful apart from repeatedly telling me I have 28 days to sort something out. My BVA states if my 457 ceases it will be activated, so I assume that starts immidiately or does it mean in 28 days. I can't find anywhere that tells me if I can work or if I can transfer my 457 to another emplyer while having a BVA. Hope that makes sense. If you have a BVA (and I am really not sure that you do) then it would have the same conditions as the 457 visa you bridged from, which would mean that you could only work for your sponsoring employer. For that reason, it makes no sense that you would have a BVA in the case of losing your job. At the moment you are still on your 457, it will be cancelled in 28 days, however whilst you can stay in Australia, you cannot work for anyone else on the 457 visa. Accordingly, I believe you have 28 days to find another employer to take over the 457 sponsorship. I would recommend some professional assistance to work through any other options you may have. Good luck. Edited January 7, 2013 by Rupert Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 7, 2013 Author Share Posted January 7, 2013 Cheers buddy. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 7, 2013 Share Posted January 7, 2013 Agreed. The bridging visa only kicks in if your other visa expires, not if it is cancelled. You really need to get advice on this because as it goes it looks like you have 28 days to find another sponsor or leave the country. Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted January 7, 2013 Share Posted January 7, 2013 Just wondering, what pr visa are you going with? Its not ENS is it? Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 7, 2013 Author Share Posted January 7, 2013 190 WA Sponsored visa. Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted January 7, 2013 Share Posted January 7, 2013 OK, well at least that is an independant one from an employer. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 7, 2013 Share Posted January 7, 2013 190 WA Sponsored visa. When did you lodge it? Have you heard from a CO yet? Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 7, 2013 Author Share Posted January 7, 2013 I have had my medicals and police checks are all done I just have to have another x ray as the first had an abnormality which is on Thursday. Quote Link to comment Share on other sites More sharing options...
Franconian Posted January 7, 2013 Share Posted January 7, 2013 You lodged your 190 application lawfully in Australia therefore you will get a BVA until the decision has been made. Your conditions from the 457 will exist as long as the visa is active (28 more days). I got unlimited work rights for my BVA as I applied for a permanent visa too. I would contact DIAC to clarify. Cheers, Frank Quote Link to comment Share on other sites More sharing options...
neepops Posted January 7, 2013 Share Posted January 7, 2013 I could also do with some this advice on this. I'm on a WHV visa which expires on Jan 24th. I'm trying to understand if the BVA automatically kicks in when the WHV expires? We have an application for PR through my partners company which I shall be de-facto. I have been given the opportunity to go back and work for an employer who I worked for on my WHV for 6 months. Does anyone know if I am able to go back and work for them whilst on the BVA? I've also put the question to our MA but thought I'd throw it out there also. My partner being the main applicant applied for an extension to his 6 months restriction which was granted, so I guess I could do this should I need to. My 6 months with them ended on dec 7th. Thanks Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 7, 2013 Share Posted January 7, 2013 You lodged your 190 application lawfully in Australia therefore you will get a BVA until the decision has been made. Your conditions from the 457 will exist as long as the visa is active (28 more days). I got unlimited work rights for my BVA as I applied for a permanent visa too. I would contact DIAC to clarify. Cheers, Frank I am afraid it is not aas easy as that Frank. Not when the first visa is *cancelled* rather than expires at the end of its life. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 7, 2013 Share Posted January 7, 2013 I have had my medicals and police checks are all done I just have to have another x ray as the first had an abnormality which is on Thursday. But did you do these of your own volition or were you contacted by a CO and asked to do them? If you were asked to do them, then with luck your visa is not far away anyway. At worst, maybe you take the opportunity of having a little holiday overseas. Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 7, 2013 Author Share Posted January 7, 2013 I have been instructed by my CO to complete them all. Quote Link to comment Share on other sites More sharing options...
Spherian Posted January 7, 2013 Share Posted January 7, 2013 There is a special deptartment within immigration that handles stuff like this (overstayers, expired visa etc), The info in on the immi website and they will assess your situation and provide a bridging visa E when situations like this occour. Quote Link to comment Share on other sites More sharing options...
RockDr Posted January 8, 2013 Share Posted January 8, 2013 I am afraid it is not aas easy as that Frank. Not when the first visa is *cancelled* rather than expires at the end of its life. Rupert have you actually been in this situation or are you just making assumptions? The BVA off a 457 visa states that it comes into effect when the 457 "ceases to be in effect" (i.e. regardless of whether it expired or was cancelled). Work rights state that you cannot change jobs without DIAC's permission, so you can still work on the BVA, you just have to talk to DIAC. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 8, 2013 Share Posted January 8, 2013 (edited) I have not been in this situation, this is my understanding. It also makes sense as I have explained earlier in the thread. Edit now I am back on laptop I think this explains it too: http://www.immi.gov.au/allforms/pdf/1024i.pdf A bridging visa comes into effect when it is granted, unless you hold a substantive visa in which case it comes into effect when that visa ceases. but... A bridging visa granted to keep a non-citizen lawful while a substantive visa application is being considered will cease: on cancellation of any substantive visa held (Bridging visas A, B and C only) So as I understand it the BVA won't kick in, it will be cancelled the moment the 457 is cancelled. I do believe they will get a BVE however, but this won't have work rights automatically. Edited January 8, 2013 by Rupert Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 8, 2013 Author Share Posted January 8, 2013 Hi everyone, Thanks for the advise, it appears I need to get professional help. Anyone know of a good migration solicitor in Joondalup or Perth? Rupert thanks buddy I know your trying to give it me straight. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 8, 2013 Share Posted January 8, 2013 He is in Melbourne, but George Lombard is very good, and you can deal with him via phone and email. The is on this forum, or just googling him will get you his number. Quote Link to comment Share on other sites More sharing options...
Greggers68 Posted January 8, 2013 Author Share Posted January 8, 2013 Cheers blossom. Quote Link to comment Share on other sites More sharing options...
Rupert Posted January 8, 2013 Share Posted January 8, 2013 Cheers blossom. With luck on your side, the PR visa might be granted within next 28 days. Still worth getting that professional opinion though. Quote Link to comment Share on other sites More sharing options...
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