collie 1979 Posted March 29, 2013 Share Posted March 29, 2013 Hi can anyone help please i have been in Australia for just over 3 years and have been on a 457 visa the whole time,i lost my job on the 25th January 2013,i have a Australian girlfriend so we decided instead of finding a new sponsor as my 457 sponsor made my life hell that we would apply for a partner visa,it took a while for us to get all the paper work together and we were worried that we would go over the 28 days so i got in contact with immigration to inform them of my situation,we final got the paper work together and sent my application off and i got acknowledgment saying that we have a valid application and granted me a bridging visa A class wa / bridging visa A 010 but that will not come into affect until my 457 visa runs out which doesn't in til the 2 November 2013 but it doesn't make sense that i have my 457 visa as the criteria for my 457 is that i must be employed by the person who sponsored me,i need to work as soon as possible,has anyone else been in this situation , i have spoke to immigration a few times and they keep on saying that im still on the 457 and i can only work for my former employer but i have also got another visa and it says i have full work rights whats the point on them giving me a visa to stay here if i cant work we are thinking of going to the uk and waiting for the visa to be granted :arghh: Link to comment Share on other sites More sharing options...
Rupert Posted March 29, 2013 Share Posted March 29, 2013 I don't understand your post and definitely there is confusion here on your part to. So you said you have lost your job and then you said your visa will run until November. This doesn't make sense, if you have lost your job your visa should be cancelled, who is telling you that despite losing your job you have a visa until November. Because whoever it is is wrong. However, the cancellation of the visa also cancels the BVA that was associated with it. At best you would be on a BVE, the emergency visa, this has no work rights and no travel rights. You could apply for work rights, but you cannot apply for travel rights, if you leave the country then that is it (until another substantive visa is granted). Link to comment Share on other sites More sharing options...
collie 1979 Posted March 29, 2013 Author Share Posted March 29, 2013 I don't understand your post and definitely there is confusion here on your part to. So you said you have lost your job and then you said your visa will run until November. This doesn't make sense, if you have lost your job your visa should be cancelled, who is telling you that despite losing your job you have a visa until November. Because whoever it is is wrong. However, the cancellation of the visa also cancels the BVA that was associated with it. At best you would be on a BVE, the emergency visa, this has no work rights and no travel rights. You could apply for work rights, but you cannot apply for travel rights, if you leave the country then that is it (until another substantive visa is granted). Hi rupert immigration emailed me saying they are not cancelling my 457 visa as I have put a valid application in for my partner visa so so that's what I can't understand Link to comment Share on other sites More sharing options...
Rupert Posted March 29, 2013 Share Posted March 29, 2013 Hi rupert immigration emailed me saying they are not cancelling my 457 visa as I have put a valid application in for my partner visa so so that's what I can't understand That is quite simply the most extraordinary thing I have heard on this and other migration forums. I can help no further for that reason, perhaps someone else can or if nobody can, I would suggest that you go to see a registered migration agent. Link to comment Share on other sites More sharing options...
FamilyHughes Posted March 30, 2013 Share Posted March 30, 2013 Hi, Collie, I'm afraid what you have been told by DIAC is true. The action of applying for your partner visa has given you the ability to stay in the country and stops your 457 visa being cancelled. The Bridging visa with full work rights only comes into effect when your 457 visa expires at the end of its natural life... hence Nov 2013. You are not allowed to work for anyone except your 457 visa employer until your partner visa has been assessed, and granter, or your 457 visa expires in November. However, you can apply for a jot with another 457 visa employer and have the visa transferred. There is no way round this. It is a really tricky situation and is due to the nature of the 457 visa. There are quite a lot of 457 early terminations at the moment and this situation is becoming more and more common. Good luck and I hope your partner visa comes through v. quickly... Link to comment Share on other sites More sharing options...
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