Relinquishing a 457 Visa in Favour of an Aged Parent Visa (804)

[MeCe]

We have been granted an Aged Parent Visa (804 bridging) but my husband still holds a (substantive visa) 457.

 

We want to switch to the Parent 804. Two questions:

Can we do this whilst still on a parent bridging visa (804)?

Will my husband still be able to work on a (bridging) parent visa?

 

Thanks in anticipation

[Notts]

Do you mean that you have been granted a Bridging Visa after applying for the 804? If so, the bridging visa conditions apply once your existing visa expires. You can't just choose to swap to one from the other.

 

Bridging visas for parent (and partner) visa applications no longer have any restrictions on work or study (since Nov last year).

[blossom]

Agreed. Which bridging visa are you talking? Bridging visa a? If so, it won't kick in until your current visa expires. If your current visa is cancelled then you have no visa to bridge from.

[lebourvellec]

No possible to cancel existing visa then go on to the bridging visa. You husband will have to wait until 457 expires before going on to the bridging visa.

[Rupert]

We have been granted an Aged Parent Visa (804 bridging) but my husband still holds a (substantive visa) 457.

 

We want to switch to the Parent 804. Two questions:

Can we do this whilst still on a parent bridging visa (804)?

Will my husband still be able to work on a (bridging) parent visa?

 

Thanks in anticipation

 

You have not been granted any visa, you have lodged an application for a visa and a bridging visa is in the background and will kick in when the substantive visa expires. You cannot chose to "switch" to the parent visa, only when it is granted will you switch to that visa. In the meantime the 457 and related conditions are applicable.

[MeCe]

I think you misunderstand.

We have not been granted a bridging visa for the 457.

We applied for an Aged Parent Visa (804) and that is what the bridging visa applies to.

My husband will resign from the company to which the 457 is attached and then the 457 will cease and the bridging visa for the 804 will come into force. We now know this as have been advised elsewhere.

What we still don't know is can he still work, as he has done on the 457 (obviously with another employer). Does the right to work get transferred?

[blossom]

I think you misunderstand.

We have not been granted a bridging visa for the 457.

We applied for an Aged Parent Visa (804) and that is what the bridging visa applies to.

My husband will resign from the company to which the 457 is attached and then the 457 will cease and the bridging visa for the 804 will come into force. We now know this as have been advised elsewhere.

What we still don't know is can he still work, as he has done on the 457 (obviously with another employer). Does the right to work get transferred?

You have been advised wrongly. As soon as the 457 visa is cancelled, the bridging visa no longer exists. It only exists IF the 457 EXPIRES. So, if it runs out on the 1st of December 2014, then the bridging visa kicks in. If you cancel the 457 next week you don't have a bridging visa as you no longer have a substantive visa to bridge from.

[MeCe]

When people apply for an Aged Parent Visa, and their application is approved, they get a bridging visa. That is what we have. My husband just happens to have a 457 that prevents the application for the 804 proceeding until it (the 457) expires or ceases. If he resigns from the 457 employer, he doesn't then automatically lose his Aged Parent Bridging Visa.

[Rupert]

When people apply for an Aged Parent Visa, and their application is approved, they get a bridging visa. That is what we have. My husband just happens to have a 457 that prevents the application for the 804 proceeding until it (the 457) expires or ceases. If he resigns from the 457 employer, he doesn't then automatically lose his Aged Parent Bridging Visa.

 

Codswallop. It is you that is utterly misunderstanding the situation, at great risk to yourselves too. The 457 visa is not preventing your 804 visa from progressing, there is a queue for 804 visas and that is the only thing between you and getting the visa, i.e. you need to wait your turn. You DO NOT have a bridging visa at the moment, you have one running in the background that will kick in when the 457 expires. If you cancel the 457 visa by resigning then the bridging visa in the background is also cancelled. You have come here for help presumably and then refuse to believe what you have been told. You have no grasp of your visa situation and if you do not wish to believe people on PIO then I would IMPLORE you to take professional advice before you make any hasty decisions that will surely jeopardise your visa situation most seriously.

Edited April 12, 2013 by Rupert

[blossom]

When people apply for an Aged Parent Visa, and their application is approved, they get a bridging visa. That is what we have. My husband just happens to have a 457 that prevents the application for the 804 proceeding until it (the 457) expires or ceases. If he resigns from the 457 employer, he doesn't then automatically lose his Aged Parent Bridging Visa.

You can't have a 457 and an 804 visa at the same time. It is not possible. As soon as you are granted one visa the first one (in this case the 457) ceases to exist. Your 804 has not been granted, which is why you have been issued a bridging visa for when your 457 visa expires. (It bridges you from on substantive visa to another to keep you legal in australia which you are being processed). If your 804 is granted before your 457 visa expires then you have never actually been on the bridging visa.

Go back and have a good read of your bridging visa email as you have very much misunderstood how it works.

Edited April 12, 2013 by blossom

[blossom]

Ps, it isn't just your husband who has a 457 visa, you both do. Unless you are on a totally seperate visa (unusual)?

[MeCe]

I am here to here advice and opinions. Codswallop, not being the most helpful comment thus far.

 

Let me try to put it another way because you are getting stuck on one issue, and I have already been advised on that one . Just suppose my husband gets the sack. In this instance, his 457 ceases - does it not? The letter we received said 'until the other visa you hold ceases'

So, he then has a 'ceased' visa, so by the wording in the letter: 'your bridging visa will come into effect when any other visa you hold ceases'.

But, I still don't know, whether his right to work will be the same. Anyone?

[lebourvellec]

When people apply for an Aged Parent Visa, and their application is approved, they get a bridging visa. That is what we have. My husband just happens to have a 457 that prevents the application for the 804 proceeding until it (the 457) expires or ceases. If he resigns from the 457 employer, he doesn't then automatically lose his Aged Parent Bridging Visa.

 

You should take professional advice from a Registered Migration agent, cancelling the 457 will automatically cancel the bridging visa A that was granted when the 804 application was lodged, making you unlawful.

 

The only bridging visa you will be able to get is Bridging Visa E, this is the one at the bottom, and the worse one to get the is strictly NO work on BVE and you can not travel, (as will not be entitled to BVB). You can travel but wont get back in to Australia.

 

You would be in BVE for a long time waiting for aged parent to be processed 5+years.

[blossom]

Agreed, we are all telling you the same thing and you don't want to hear it, so your best bet would be to pay a good mara registered agent so they can tell you.

[lebourvellec]

I am here to here advice and opinions. Codswallop, not being the most helpful comment thus far.

 

Let me try to put it another way because you are getting stuck on one issue, and I have already been advised on that one . Just suppose my husband gets the sack. In this instance, his 457 ceases - does it not? The letter we received said 'until the other visa you hold ceases'

So, he then has a 'ceased' visa, so by the wording in the letter: 'your bridging visa will come into effect when any other visa you hold ceases'.

But, I still don't know, whether his right to work will be the same. Anyone?

 

Getting sack from a 457 employer does not cancel/cease the visa, only the nomination, this is where the 28 day rule comes in that you have 28 days to find a new sponsor, before DIAC would cancel that visa. The 28 day is not a hard and fast and would be given extra time to find a new 457 sponsor.

[MeCe]

I am here to hear advice and opinions. Codswallop, not being the most helpful comment thus far.

 

Let me try to put it another way because you are getting stuck on one issue, and I have already been advised on that one . Just suppose my husband gets the sack. In this instance, his 457 ceases - does it not? The letter we received said 'until the other visa you hold ceases'

So, he then has a 'ceased' visa, so by the wording in the letter: 'your bridging visa will come into effect when any other visa you hold ceases'.

 

But, I still don't know, whether his right to work will be the same. Anyone?

 

Or perhaps the letter really means 'expires' . If this is a typo, then fair enough, but the word 'ceases' has been used twice, and no sign of the word 'expires.'

[blossom]

Dear

 

 

BRIDGING VISA

 

 

****** has been granted a Bridging Visa A as a result of the receipt of above visa application.

 

 

A Bridging Visa A will permit the applicant to remain lawfully in Australia until the onshore General Skilled Migration visa application is decided. Please note a Bridging Visa A will only come into effect when any other visa held expires. The applicant must therefore abide by any conditions of their current substantive visa.

 

 

A Bridging Visa A permits the applicant to remain in Australia until 28 days after notification of the decision on the onshore General Skilled Migration visa application and, if that application is refused, continues to keep them lawful until 28 days after all avenues of merits review have been exhausted.

 

 

It is not necessary to have a Bridging Visa A evidenced in a passport. However, this email should be kept as evidence of the grant of this visa.

 

 

 

 

PERMISSION TO WORK

 

 

There are no work or study conditions attached to a Bridging Visa A. This means that the applicant has unlimited work and study rights for the period that their Bridging Visa A is in effect. However, please note that a Bridging Visa A does not come into effect until any current substantive visa ceases. The date any current substantive visa ceases may be shown on the visa label. If it does not, and the applicant is unsure as to this date, they should contact any DIAC office for confirmation.

 

 

The applicant should be aware that if they breach any condition of their current visa it may be cancelled. It is important therefore that the applicant abides by any existing conditions on their current visa such as work limitations.

 

 

 

 

This was from my bridging visa. Notice the bits in bold.

Edited April 12, 2013 by blossom

[MeCe]

Getting sack from a 457 employer does not cancel/cease the visa, only the nomination, this is where the 28 day rule comes in that you have 28 days to find a new sponsor, before DIAC would cancel that visa. The 28 day is not a hard and fast and would be given extra time to find a new 457 sponsor.

 

Ah, now here is some new information - if a little worrying. We would just rather be on the parent visa, as it seems less unpredictable than relying on the whim of an employer, or market forces.

[blossom]

My bolding is not going well, but the ceases date is the date they give you, not when your visa is cancelled. We are not all just making this up to make your life hard. We have seen this a lot and are trying to stop you from making a big mistake.

Contact go Matilda for advice, I have never seen a bad thing written about them, but please, do not quit the job.

[MeCe]

Dear

 

 

BRIDGING VISA

 

 

****** has been granted a Bridging Visa A as a result of the receipt of above visa application.

 

 

A Bridging Visa A will permit the applicant to remain lawfully in Australia until the onshore General Skilled Migration visa application is decided. Please note a Bridging Visa A will only come into effect when any other visa held expires. The applicant must therefore abide by any conditions of their current substantive visa.

 

 

A Bridging Visa A permits the applicant to remain in Australia until 28 days after notification of the decision on the onshore General Skilled Migration visa application and, if that application is refused, continues to keep them lawful until 28 days after all avenues of merits review have been exhausted.

 

 

It is not necessary to have a Bridging Visa A evidenced in a passport. However, this email should be kept as evidence of the grant of this visa.

 

 

 

 

PERMISSION TO WORK

 

 

There are no work or study conditions attached to a Bridging Visa A. This means that the applicant has unlimited work and study rights for the period that their Bridging Visa A is in effect. However, please note that a Bridging Visa A does not come into effect until any current substantive visa ceases. The date any current substantive visa ceases may be shown on the visa label. If it does not, and the applicant is unsure as to this date, they should contact any DIAC office for confirmation.

 

 

The applicant should be aware that if they breach any condition of their current visa it may be cancelled. It is important therefore that the applicant abides by any existing conditions on their current visa such as work limitations.

 

 

 

 

This was from my bridging visa. Notice the bits in bold.

 

Very happy to see the bit about work.

But our letter didn't contain this line at all. Please note a Bridging Visa A will only come into effect when any other visa held expires. The applicant must therefore abide by any conditions of their current substantive visa.

so, we assumed it was an 'A'.

[lebourvellec]

A BVA comes into effect as soon as it is granted or when your current substantive visa ceases.

A BVA will cease immediately if any of the following situations occur:

 

 

• you leave Australia
  
• you are granted the substantive visa
  
• you are granted another Bridging visa (such as a BVB) in relation to the same substantive visa application that your BVA is associated with
  
• the department cancels either your BVA or the substantive visa that you held when you were granted the BVA
  

 

http://www.immi.gov.au/visas/bridging/010/holders.htm

[lebourvellec]

Very happy to see the bit about work.

But our letter didn't contain this line at all. Please note a Bridging Visa A will only come into effect when any other visa held expires. The applicant must therefore abide by any conditions of their current substantive visa.

so, we assumed it was an 'A'.

 

Depends which visa you have bridged from, you usually have same conditions as the substantive visa. You should read your own letter as everyone's BVA conditions are different.

[blossom]

Depends which visa you have bridged from, you usually have same conditions as the substantive visa. You should read your own letter as everyone's BVA conditions are different.

True, my previous visa had unlimited work rights, so I kept those. But you can get bridging visa a from a tourist visa and then you have no rights.

Go back and have a good read of your bridging visa email.

[MeCe]

Depends which visa you have bridged from, you usually have same conditions as the substantive visa. You should read your own letter as everyone's BVA conditions are different.

 

We just one side on a A4 sheet, with references to online papers such as 1024i, which covers all scenarios rather than ours in particular. That's why I came on here.

Not sure it can be the same deal as on a 457, as you are tied to just one employer on that visa. I suspect that is not the case on a parent visa.

[Notts]

Depends which visa you have bridged from, you usually have same conditions as the substantive visa. You should read your own letter as everyone's BVA conditions are different.

 

The rule changes last November applied to both Partner and Parent visa applicants, and mean that BVAs granted to those applicants have no conditions restricting work.