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andrew1

Eligible...457 Sponsorship Visa to Defacto?

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Hi,

 

I am currently on a 457 Sponsorship Visa. I have worked at my current company since April 2012 and have been officially sponsored since September 2012.

 

In September 2013 I will have been with my Australian partner for over a year and I wanted to apply apply for a De Facto visa instead as A) I really hate my job B) my partner and I want to go travelling for a couple of months together in 2014 and then return to Australia to settle and obviously the 457 visa won't allow this.

 

I have read that you may not be eligible for a De Facto visa if you did not hold certain visas for 2 years. On the immigration website it does not mention a 457 specifically, but has anyone had any success changing from a 457 to a Defacto?

 

Many thanks for any replies...

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Not sure where the two year thing came from, that is rubbish.

 

​You have to have been together a year before you apply. If you apply onshore you get a bridging visa which only kicks in once your 457 expires at the date it was already due to expire (so upto four years). However, if you want to go off travelling then this may not be an issue anyway as the time you are waiting for your visa you can be off enjoying yourselves. :-)


Has two beautiful Aussie little girls :-)

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Hi, Thanks for your response!!!!

 

We started going out in August 2012 and have been living together since the start of January 2012. So I'm going to stick my job out for a few more months, although I would do anything to leave it and still be able to stay. When you you think the best time to actually apply for the visa would be then?

 

I'm confused though because if I leave my job I only have 28 days before I have to get a new job or leave Oz. You mention that I would still be on the 457 visa and the bridging visa wouldn't kick in until Sept 2016 when my 457 would expire. But this wouldn't be the case if I leave my current job will it? So if for example i applied for the De Facto in August when we've been together a year, then what???

 

Ideally I want to get the De Facto visa so a) i can stay with my partner b) we have the freedom to go travelling for a few months and c) i can get a new job when i get back..

 

Thanks for your help :)

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If you quit your job then your 457 visa is candelled. The bridging visa is then also cancelled as you don't have a substantive visa to bridge from.

If you are planning on travelling in Australia, then it might be worth seeing if you can cancel your 457, change to a tourist visa, and then apply for your partner visa from that. You wouldn't be able to work until your tourist visa had expired, but if you are travelling that wouldn't be a problem.

It's probably worth having a chat with a mara agent to see if that is even possible though.


Has two beautiful Aussie little girls :-)

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Hmmm, my original plan was that I apply for the Defacto Visa while I'm still on the 457 visa (so I wouldn't quit my job until I'm on the Defacto). I've already used my tourist visa so that's the problem. Do you think that this would be possible at all?

 

I've just had a look at the Mara website, I'd never heard of it before but thanks. Do you know how to find a suitable agent etc or how much would they cost?

 

thanks again :)

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No, I wasn't talking about the working holiday visa, I was talking about just a plain old three month holiday, no working allowed visa. You can have lots of those.

:-)

Go Matilda is a good agent to go for. Just a little bit if visa strategy shouldn't be too expensive.

 

If you are happy to wait until you have been living together, apply for the defacto, then stay working until your defacto comes through you should have no problem at all. That could be quite a while though. You can't apply for the defacto until January, and then there is a bit of a wait for the defacto visa. If you can hold out at work that would definatly be much easier, and you wouldn't need agents.


Has two beautiful Aussie little girls :-)

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You are not "changing" from a 457 to a partner visa, they are completely unrelated. I have no idea at all what two year rule you might be referring to in your first post, but I expect it is nonsense.

 

You are not going to be able to apply for a partner visa in August, looks like you were just dating in August 2012, you were not a defacto couple.

 

if you quit your job you will not get a bridging visa A. To be honest I am not sure what else to say, could you clarify a bit further what it is you actually want to do, perhaps with a few firmer ideas of timings.

Edited by Rupert

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Hi Rupert.

 

Yeah we began dating in August 2012. We began living together on 3 January 2013. So we will have been living together for a year in January 2014. So I assume from what I've read that is when I can officially apply for the Defacto or can you apply before that?

 

My dilemma is that I'm currently on a 457 visa and I really can't stand my job and obviously I am committed to them on the 457. My girlfriend and I are keen to go travelling around feb/ march 2014 together for a few months so I'm not sure this going to pose a new obstacle...

 

I'm trying to find out exactly how having this 457 and applying for a defacto works and what my options are. For example I am prepared to stick my job out until Jan 2014 when we have been together a year so i can apply for a defacto...but does this mean that I am going to have to remain on the 457 while the defacto visa is assessed and bridged?

 

it says that you have to bridge from a substantial visa on the immi website...would a 3 month tourist visa count as a substantial visa as Blossom said? if I could bridge from a tourist visa I could also leave my job this way without having to stay on my 457 just so i can bridge.

 

​thanks

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The important question is are you planning on travelling around oz or further out? If you are not going to be in oz you don't need the bridging visa (and wouldn't be able to go overseas if you did have it).


Has two beautiful Aussie little girls :-)

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Yeah we are planning on going to europe for a month and america for a couple of months (so not travelling oz)...we then want to come back and settle in oz. so what would be my options now then??? do you think this is going to be possible???

 

thanksss

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Well in that case, it doesn't matter if your 457 visa is cancelled as the bridging visa requires that you stay in Australia. There is bridging visa b, but that is 'supposed' to be for emergency trips etc. But that is irrelevant anyway as your 457 won't have expired.

 

Obviously you have to wait until you have lived together for a year. The tricky part then is if you apply for the partner visa onshore or off shore. I think the processing time depends on where you apply. I don't know the answer, but it would be worth finding out what happens if you apply onshore and are then offshore when they are ready to issue the visa.

It certainly might pay to have a chat to a good migration agent.


Has two beautiful Aussie little girls :-)

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Hi Andrew,

 

I've seen a few replies on here which are very much at variance with my experiences so for what it's worth, here 's my experience:

 

I came over to work on a 457 visa, was made redundant and then switched to partner visa (801/820 visa) as my wide has dual nationality, during which I learned:

 

1. The Australian Dept of Immigration and Citizenship issue 457 visas and they are the only ones that can cancel a visa which they generally don't do unless there are really pressing circumstances to do so - consequently your 457 visa will remain in existence through to Sep 2016, it's just that you may no longer meet the requirements of the visa that allowed you to work and live in Australia.

 

2. My 457 visa only allowed me to work in Australia while I was employed by the company that sponsored me so once I was made redundant I had 28 days to find a new sponsor or else I would have failed to meet the visa requirements and would no longer be able to stay in Australia (in practice quite a few PIO posts have said that DIAC will allow some leeway if you can show that you are being considered for a job elsewhere)

 

3. I applied for a partner visa (an 820 visa which temporary but becomes permanent after a further 2 years and is then called an 801). As soon as you apply for this you automatically get a bridging visa type A. The provisions of bridging visas are really confusing but the best explanation I received from DIAC was that the bridging visa essentially extends your current visa until a decision is made on whether or not to grant you a new (De Facto Partner) visa. Consequently you can stay in the country but may not work for anyone other than your sponsoring employer unless you can find a new employer willing to sponsor you.

 

4. Generally you also can't leave the country while your De Factor visa application is being processed (assuming you make the application onshore/in Australia) however....

 

5. After filling in the usual reams of forms and then spending another 4 weeks sending off medical and police checks as well as statutory declarations, once it was all received by DIAC they processed it all and granted me an 801 partner visa with unrestricted work rights and permanent residency in 10 working days. I was notified on Tuesday so the above information is reasonably current.

 

A couple of other thoughts:

 

- at no time in the process was I asked about my employment; the comments about your 457 visa being cancelled if you leave your current job seem to be red herrings in my exprience. In any case, just put your request in before quitting.

 

- The difficult bit may be 'proving' your relationship. My wife and I have been married for 8 years and have a daughter but we still had to produce mounds of evidence

 

- applying for a partner visa onshore is just about the most expensive way to get an Australian visa; it costs $3,950 and an average of 13 months to get according to the DIAC website whereas if you do it offshore it costs about $795 and takes six weeks, but quite a few PIO contributors have said their applications were processed in just a few weeks.

 

 

Apologies if I've used a 'schoolmaster' tone but I see so many posts that are really vague when they need to be really precise.

 

I'm guessing you'll have seen the DIAC fact sheet on this but just in case.....http://www.immi.gov.au/media/fact-sheets/35relationship.htm

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The reason they didn't ask about the 457 visa is because under the visa conditions you are required to work full time in that position. If you are no longer doing this, you and your employer are supposed to notify diac who then start the 28 day thingy (but as you say, they will give you more time if you are perusing jobs). If you or your employer have not told them that you have left then you are breaching your visa conditions. They would have no reason to ask if you were still there if you or your employer had not told them otherwise.

 

Also, your case was a pretty simple one as you had been together for so long and had a child (which is why you went straight onto pr and not a temp visa). For most people it is not that simple.

 

I was reading a post just today where a co was informing someone they were about to issue a 28 day visa cancellation notice. They had to show them that they had two interviews and it was looking promising for a new job before they agreed not to issue it. I don't believe for a second they would let someone live here indefinitely while not adhering to their visa conditions, just waiting for their partner visa or bridging visa to kick in.

 

You were very lucky to get your visa that quickly before it was an issue. Most are not.


Has two beautiful Aussie little girls :-)

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Aren't we lucky you came along. Comments in red.

 

Hi Andrew,

 

I've seen a few replies on here which are very much at variance with my experiences so for what it's worth, here 's my experience:

 

I came over to work on a 457 visa, was made redundant and then switched to partner visa (801/820 visa) as my wide has dual nationality, during which I learned:

 

1. The Australian Dept of Immigration and Citizenship issue 457 visas and they are the only ones that can cancel a visa which they generally don't do unless there are really pressing circumstances to do so - consequently your 457 visa will remain in existence through to Sep 2016, it's just that you may no longer meet the requirements of the visa that allowed you to work and live in Australia.

 

Sorry what exactly are you saying here? That the visa will continue but he no longer meets the requirements, what does that mean to OP? If he loses or leaves his job, he has a duty to inform DIAC and there is no way they would let the visa run on for another three years!

 

2. My 457 visa only allowed me to work in Australia while I was employed by the company that sponsored me so once I was made redundant I had 28 days to find a new sponsor or else I would have failed to meet the visa requirements and would no longer be able to stay in Australia (in practice quite a few PIO posts have said that DIAC will allow some leeway if you can show that you are being considered for a job elsewhere)

 

A few posts have indicated that DIAC might not cancel the visa straight away. So long as OP complies with his responsibilities to notify DIAC, then if DIAC gave him say 35 days not 28, OP is perfectly entitled to take 35 days.

 

3. I applied for a partner visa (an 820 visa which temporary but becomes permanent after a further 2 years and is then called an 801). As soon as you apply for this you automatically get a bridging visa type A. The provisions of bridging visas are really confusing but the best explanation I received from DIAC was that the bridging visa essentially extends your current visa until a decision is made on whether or not to grant you a new (De Facto Partner) visa. Consequently you can stay in the country but may not work for anyone other than your sponsoring employer unless you can find a new employer willing to sponsor you.

 

You patently do not understand bridging visas. I do not even know where to begin with this post but it is very misleading.

4. Generally you also can't leave the country while your De Factor visa application is being processed (assuming you make the application onshore/in Australia) however....

 

Rubbish, Australia is a free country, it doesn't tend to imprison people on its shores.

 

5. After filling in the usual reams of forms and then spending another 4 weeks sending off medical and police checks as well as statutory declarations, once it was all received by DIAC they processed it all and granted me an 801 partner visa with unrestricted work rights and permanent residency in 10 working days. I was notified on Tuesday so the above information is reasonably current.

 

Lucky you. It takes about 12 months typically these days.

 

A couple of other thoughts:

 

- at no time in the process was I asked about my employment; the comments about your 457 visa being cancelled if you leave your current job seem to be red herrings in my exprience. In any case, just put your request in before quitting.

 

Are you contradicting yourself here? You are in any case making this extremely confusing for OP. If he leaves his job, he needs to tell DIAC (and the employer does), in due course, DIAC will cancel the visa after receiving such notification.

- The difficult bit may be 'proving' your relationship. My wife and I have been married for 8 years and have a daughter but we still had to produce mounds of evidence

 

No *beep* Sherlock.

- applying for a partner visa onshore is just about the most expensive way to get an Australian visa; it costs $3,950 and an average of 13 months to get according to the DIAC website whereas if you do it offshore it costs about $795 and takes six weeks, but quite a few PIO contributors have said their applications were processed in just a few weeks.

 

Again, rubbish. It is more expensive onshore, but it certainly is not $795 offshore and sadly it is taking substantially longer than 6 weeks these days, more like 8-12 months.

 

 

Apologies if I've used a 'schoolmaster' tone but I see so many posts that are really vague when they need to be really precise.

 

Your post is confusing, misleading and downright wrong in places.

I'm guessing you'll have seen the DIAC fact sheet on this but just in case.....http://www.immi.gov.au/media/fact-sheets/35relationship.htm

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Here's a thought, probably way too simple.

However, if you want to spend a few months in Europe and America travelling then just leave your job in Australia. Your visa will cease to exist.

Then return to Australia on a tourist visa in a few months and apply for the defacto visa onshore. Otherwise, remain in the UK and do it offshore and go travelling in the meantime.This gives you lots of time to gather relationship evidence and fulfill requirements

Sounds simple to me, but then I am no expert on 457 issues.

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andrew, might I suggest you speak to a registered migration agent. There is a lot of misinformation and confusion about bridging off a 457 visa on this site. A registered migration agent would be able to advise you on the best visa strategy, and clarify the bridging visa situation. A one hour consult won't cost the earth, nor would it oblige you to enlist the services of the agent for the full application process if you would prefer to apply by yourself.

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Thanks for all your replies. Rock can you advise of a good migration agent or a website where i can look?

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Go Matilda I have never seen a bad word written about. I used George Lombard, he was very good. :-)


Has two beautiful Aussie little girls :-)

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