Brenda Bonner Posted January 7, 2014 Share Posted January 7, 2014 Just wondering if my sponsoring company run out of work for me how long would i have to find a new one? My visa was granted february 2013 before the new visa rules came in force so would i only have 28 days?? Link to comment Share on other sites More sharing options...
blossom Posted January 7, 2014 Share Posted January 7, 2014 No, you'd have the 90 under the new rules. Link to comment Share on other sites More sharing options...
Brenda Bonner Posted January 7, 2014 Author Share Posted January 7, 2014 No, you'd have the 90 under the new rules. Thanks i was sure it only applied to people who had there visa granted after july Link to comment Share on other sites More sharing options...
Curly1000 Posted January 13, 2014 Share Posted January 13, 2014 90 days, I left my employer in August and they give u 90 days, in fact I emailed immigration to tell them I had left my employer and yet my 457 visa is still valid and it's now 5 months since I left oz. Link to comment Share on other sites More sharing options...
Adam Grey Posted January 13, 2014 Share Posted January 13, 2014 90 days, I left my employer in August and they give u 90 days, in fact I emailed immigration to tell them I had left my employer and yet my 457 visa is still valid and it's now 5 months since I left oz. Even after advising of a cessation of employment it will take a very long time for them to cancel your visa. If you want to speed it up you need to put in a visa cancellation request. Link to comment Share on other sites More sharing options...
Curly1000 Posted January 13, 2014 Share Posted January 13, 2014 Thanks Adam, I just left it at the time due yo my partner still bring there but I'll do that as I want my super back. Link to comment Share on other sites More sharing options...
ramot Posted January 13, 2014 Share Posted January 13, 2014 Even after advising of a cessation of employment it will take a very long time for them to cancel your visa. If you want to speed it up you need to put in a visa cancellation request. Even if your 457 visa is cancelled it appears that it doesn't cease until it's time expired? If you leave your job say on a 4 year visa before the 4 years is up. So out of interest does leaving the country cease it, because if you stay in Oz, and apply for another visa, my daughter went on the dreadful visa E as the 457 was cancelled, but still valid for another 3 years as it hadn't ceased!!! All eventually resolved, but a tough time. Link to comment Share on other sites More sharing options...
Curly1000 Posted January 14, 2014 Share Posted January 14, 2014 So my visa will say it's is valid until it's expiry in 2017?! Should I expect to receive a email or confirmation when it is actually ceased. Link to comment Share on other sites More sharing options...
ramot Posted January 14, 2014 Share Posted January 14, 2014 So my visa will say it's is valid until it's expiry in 2017?! Should I expect to receive a email or confirmation when it is actually ceased. Honestly don't know. Would be interesting to find out, as there is a language difference between cancelled and ceased!!!!!! Hers was eventually ceased? I assume as she had a partner visa issued. Link to comment Share on other sites More sharing options...
Curly1000 Posted January 14, 2014 Share Posted January 14, 2014 Yeah, I should find out really, I emailed immigration ages ago but to be honest I find them completely useless sometimes. Link to comment Share on other sites More sharing options...
Alan Collett Posted January 14, 2014 Share Posted January 14, 2014 Thanks Adam, I just left it at the time due yo my partner still bring there but I'll do that as I want my super back. See form 1194 here: http://www.immi.gov.au/allforms/superannuation/ Best regards. Link to comment Share on other sites More sharing options...
Adam Grey Posted January 14, 2014 Share Posted January 14, 2014 Even if your 457 visa is cancelled it appears that it doesn't cease until it's time expired? If you leave your job say on a 4 year visa before the 4 years is up. So out of interest does leaving the country cease it, because if you stay in Oz, and apply for another visa, my daughter went on the dreadful visa E as the 457 was cancelled, but still valid for another 3 years as it hadn't ceased!!! All eventually resolved, but a tough time. If the 457 visa is cancelled it is cancelled, you simply do not hold that visa anymore. It doesn't remain valid for any period after. If a 457 visa holder ceases employment they must inform the department. From the date of cessation they would have 90 days in which to find another sponsor to nominate them or leave the country. Because of these 90 days and the general processing delays in this department, it can take a very long time for the DIBP to get around to actually cancelling the visa (which they will eventually do). To speed this up the applicant should request for the visa to be cancelled. I don't know what happened in your daughter's circumstance, I would assume there was some confusion regarding her visa status at the time. Link to comment Share on other sites More sharing options...
ramot Posted January 14, 2014 Share Posted January 14, 2014 If the 457 visa is cancelled it is cancelled, you simply do not hold that visa anymore. It doesn't remain valid for any period after. If a 457 visa holder ceases employment they must inform the department. From the date of cessation they would have 90 days in which to find another sponsor to nominate them or leave the country. Because of these 90 days and the general processing delays in this department, it can take a very long time for the DIBP to get around to actually cancelling the visa (which they will eventually do). To speed this up the applicant should request for the visa to be cancelled. I don't know what happened in your daughter's circumstance, I would assume there was some confusion regarding her visa status at the time. Thank you for your reply Adam. It was over a year ago. She was on a 457, lodged a partner visa, left her job, and went on bridging visa E until her partner visa 820 was granted. It was catorgorically stated that even though her 457 visa was cancelled, as it still had 3 years of the 4 year visa left, it had not ceased, and that's why she was on b visa E and not on b visa A. So no work rights etc. It was very tough not being able to work, but did have them re-instated several months later due to hardship, and then eventually 820 granted . So all resolved, but I was only commenting on the post, in case it affected any one else, as it appeared canceling and ceasing appears to have a different meaning. perhaps it's only a problem if you apply for another visa onshore? Thank you again for replying. Link to comment Share on other sites More sharing options...
Adam Grey Posted January 14, 2014 Share Posted January 14, 2014 Thank you for your reply Adam. It was over a year ago. She was on a 457, lodged a partner visa, left her job, and went on bridging visa E until her partner visa 820 was granted. It was catorgorically stated that even though her 457 visa was cancelled, as it still had 3 years of the 4 year visa left, it had not ceased, and that's why she was on b visa E and not on b visa A. So no work rights etc. It was very tough not being able to work, but did have them re-instated several months later due to hardship, and then eventually 820 granted. So all resolved, but I was only commenting on the post, in case it affected any one else, as it appeared canceling and ceasing appears to have a different meaning. perhaps it's only a problem if you apply for another visa onshore? Thank you again for replying. Ah, now this is a very different set of circumstances. When she applied for the 820 she would have automatically received a bridging visa A that would not come into effect until the expiry of her 457. By leaving her job she no longer met the conditions of the 457 visa and it would have been cancelled (not expired) along with the bridging visa associated to it, essentially leaving her unlawful. What the DIBP were probably trying to explain is that because the 457 hadn't reached it's expiry date the BVA wouldn't have come into effect. Whoever was responsible for her case should have advised her of the consequences of leaving her employment like that. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.