clara111 Posted October 29, 2013 Share Posted October 29, 2013 Hello, I will try to get straight to the point but include all key factors to our problem. 6 months ago me,hubby and 3 kids came over to perth,my hubby on a whv and me and the kids on tourists. Our aim was to find a nomination for a 186,we found this and applied.Me and the kids went straight onto a bridging visa A and my husband went onto his on the 25th of this month so just! On the employers side the wrong stream was clicked,they ticked transistional we ticked direct entry,it was refused,of course! So now we have 10 days on our bridging visa left but the employer put in for a 457,the problem is he will have no work rights left after the 10 days is up. migration agent has said we can try and prove the mistake was out of our hands and fill in our part of the 457 and also apply for working rights but this could take a good while,which means no money coming in! Is there another way,another visa so we dont have to leave,please help if you can were desperate????? Link to comment Share on other sites More sharing options...
Petkula73 Posted October 29, 2013 Share Posted October 29, 2013 Just thinking aloud here, but could you reapply for the Direct Entry 186? Would get you the Bridging Visa A quicker than getting a 457? Best of luck - horrible position to find yourselves in. Link to comment Share on other sites More sharing options...
Rupert Posted October 29, 2013 Share Posted October 29, 2013 Hello,I will try to get straight to the point but include all key factors to our problem. 6 months ago me,hubby and 3 kids came over to perth,my hubby on a whv and me and the kids on tourists. Our aim was to find a nomination for a 186,we found this and applied.Me and the kids went straight onto a bridging visa A and my husband went onto his on the 25th of this month so just! On the employers side the wrong stream was clicked,they ticked transistional we ticked direct entry,it was refused,of course! So now we have 10 days on our bridging visa left but the employer put in for a 457,the problem is he will have no work rights left after the 10 days is up. migration agent has said we can try and prove the mistake was out of our hands and fill in our part of the 457 and also apply for working rights but this could take a good while,which means no money coming in! Is there another way,another visa so we dont have to leave,please help if you can were desperate????? Oh dear, what a mess. Has nobody from immigration mentioned that your husband is currently in breach of the visa rules? It is against the terms of the WHV for him to be accompanied by children at any time, I am asking as I am wondering if it has come up and been dealt with or is likely to come up soon, compounding your current problems. I also have some queries on your bridging visa status. If your have only been here for six months, then your husbands WV has surely not expired and he is not on a bridging visa, he has another six months left surely? And I don't understand how you could have "immediately" gone onto a bridging visa yourselves, bridging visas run in the background until the visa you were on has naturally expired. So unless you applied for the 186 the same day your tourist visa expired, you could not have immediately gone onto the bridging visa. I am really trying to establish these facts as whether you were on a bridging visa or another visa is important to your options now. I think if you had a visa declined whilst on a bridging visa, then I think there might be some problems applying for another visa whilst you are onshore. Anyway, before going into that, perhaps you could provde some more information on the above points, including whether your husband is likely to get into trouble for breach of his current visa. Link to comment Share on other sites More sharing options...
blossom Posted October 29, 2013 Share Posted October 29, 2013 Rupert is totally right. Your husband would still be on his whv not a bridging visa, and would be in breach of his visa because of the children being in Australia. You, it depends on when your tourist visa runs/ran out. Your husband can stay working for that employer until he has been there six months. The bridging visa being cancelled wont change anything for his as it hasn't kicked in yet. However, they might cancel his whv as he is in breach and they may have realised this now you applied for visas for your children while onshore. I'm quite confused as to why your agent is not explaining this all to you. Link to comment Share on other sites More sharing options...
Raul Senise Posted October 29, 2013 Share Posted October 29, 2013 I have to agree with what Rupert and Blossom have stated, as your situation does not make much sense. There is not enough information to give you any cogent advice but it would appear that your husband may still hold a substantive visa (the working holiday visa). You and the kids on the other hand may not. If this is the case and your 186 visa has been refused, you and the kids may well be blocked from lodging a visa while in Australia due to section 48 of the Migration Act. A VEVO check could soon sort out all of your visa status. In regards to the 186 Nomination application, it could have still been considered under Direct Entry even if Transitional was ticked. Link to comment Share on other sites More sharing options...
clara111 Posted November 5, 2013 Author Share Posted November 5, 2013 My husbands WHV ran out this month and my and the childrens visa went on bridging visa A after 3 months of being here. So we were all on BVA,we have migration agents now involved and have put in an appeal as they think its an unlawful error. As to your questions about my husband being in breech on his WHV because of dependants we made sure that i myself had enough money in my account to more than enough support myself and the kids. Our situation has been put into an appeal and we have been now put onto BVC but have also apllied for working rights,its seems to be sorting it self out now,sorry im not the best at explaining things well...... Link to comment Share on other sites More sharing options...
AJ Posted November 5, 2013 Share Posted November 5, 2013 I hope you sort it out, but what a risk you took chancing bringing your family over this way. What visa can you go for now? Link to comment Share on other sites More sharing options...
Peach Posted November 5, 2013 Share Posted November 5, 2013 As to your questions about my husband being in breech on his WHV because of dependants we made sure that i myself had enough money in my account to more than enough support myself and the kids. Dependency of children is not defined by money in the bank. For WHV it says: Must not be accompanied by dependent children at any time during your stay in Australia Note: A dependent child is the child, or step-child, of you or your partner who: is not married, engaged to be married, or in a de facto relationship has not turned 18. If you would like a dependent child to join you in Australia you must apply for a different visa such as a Tourist visa. If you have dependent children who will not accompany you at any time you must apply for a Working Holiday visa using the paper application. You are not able to apply online. http://www.immi.gov.au/visitors/working-holiday/417/eligibility-first.htm Link to comment Share on other sites More sharing options...
CollegeGirl Posted November 5, 2013 Share Posted November 5, 2013 Really hoping you get it all sorted, clara. Best wishes. Link to comment Share on other sites More sharing options...
Rupert Posted November 5, 2013 Share Posted November 5, 2013 My husbands WHV ran out this month and my and the childrens visa went on bridging visa A after 3 months of being here. So we were all on BVA,we have migration agents now involved and have put in an appeal as they think its an unlawful error. As to your questions about my husband being in breech on his WHV because of dependants we made sure that i myself had enough money in my account to more than enough support myself and the kids. Our situation has been put into an appeal and we have been now put onto BVC but have also apllied for working rights,its seems to be sorting it self out now,sorry im not the best at explaining things well...... You said you came here six months ago, so I don't understand how your husbands visa could have run out. Did he come here previously by himself on the visa? And then return with you all six months later? If not, well it could not have run out because they last for a year. And regarding being there with children, well if you get away with this you have been exceptionally lucky. I would have predicted your husband being kicked out and given a three year ban for this type of visa breach. If it is over lookedin your case then that is great news for you, but I am saying it because many people will read this thread today and in the future. And accompanying children on the WHV is not allowed, money in the bank is irrelevant. Link to comment Share on other sites More sharing options...
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