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457 to 190 ss working rights


Jaime1984

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Hi everyone could do with some advice!!

Just lodge my Queensland 190 ss on the 28th jan, the thing is am currently on a 457 visa for a company in wa, I hated the job, so I quit once my 190 visa was lodge. The question is, do I have to wait for the visa to grant to be able to find a new job because am still on the 457 visa conditions? Or can I speak to immi and see if they will give me a bridging visa which allows me to work. I've been offered jobs in Queensland but the hr say they need a letter from immi allowing me to work??

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You need to get a migration agent pronto - you cannot simply leave your sponsoring employer regardless of having lodged another visa application, it could take months for that to be granted. At least now you have 90 days to get another sponsor or leave not so long ago it was 28! You are not still on the 457 visa conditions as they apply only to that specific employer so you cannot simply work for someone else.

 

The only way you can work for an employer in Queensland at the moment is if they take on the 457 sponsorship, I am not sure the process for doing that though.

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When you lodged your 190, you were given a Bridging Visa A, however that BVA is attached to your 457. If your 457 is cancelled, then your BVA is also cancelled and you have no visa to remain in Australia. Careful employers will ask for proof that you have legal work rights in Australia, and currently your 457 only allows you to work for a company willing to sponsor you.

You should speak with a migration immediately to see what they suggest to avoid you being left without any visa at all.

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You wont go on to the bridging visa until 457 expires - not cancelled - if 457 is cancelled so will the BVA.

 

If you want to work while the 190 is processing, the potential employers will need to take over your 457 obligations, therefore they will need to nominate you etc.

 

If your 90 days expires before the 190 is granted, you will probably end up on bridging visa E - no work rights. But take advice from a registered migration agent regarding this.

 

If not done so already - I would frontload all paper work, medicals and police certificates now. There is a good chance the 190 would be granted within 90 days.

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