457 to 820 Partner Visa help!!!

[iloveaussie]

Hey Guys,

 

I will be looking to lodge my 820 partner visa in the next 10 weeks...

 

Once I have lodged my visa I am looking to hand in my notice who I have my 457 with, and cancel my visa.. I have been told If I cancel my 457 working visa, I will not get a work rights bridging visa

 

Can anyone who has done this, tell me more information on how I can get a working rights bridging visa?

 

Sadly I am cancelling my 457 visa because I am being treated unfairly! my current employer is not sticking to the contract, I am loosing money and hours at work.

 

I cannot report this situation to immigration before I lodge my 820 visa, as I need to save money first and apply for the visa, so sadly right now its a los lose situation!

 

any help would be fantastic

 

thank you

[Rupert]

Hey Guys,

 

I will be looking to lodge my 820 partner visa in the next 10 weeks...

 

Once I have lodged my visa I am looking to hand in my notice who I have my 457 with, and cancel my visa.. I have been told If I cancel my 457 working visa, I will not get a work rights bridging visa

 

Can anyone who has done this, tell me more information on how I can get a working rights bridging visa?

 

Sadly I am cancelling my 457 visa because I am being treated unfairly! my current employer is not sticking to the contract, I am loosing money and hours at work.

 

I cannot report this situation to immigration before I lodge my 820 visa, as I need to save money first and apply for the visa, so sadly right now its a los lose situation!

 

any help would be fantastic

 

thank you

 

This is not a great plan. I would suggest you stick it out, you won't be the first that has to stick it out at an unpleasant work place and you won't be the last.

 

If you do as you suggest, you will be on bridging visa E which does not come with working rights and nor will you be able to leave the country and return. Working rights can be applied for (no guarantee you will get them, but you would be unable to travel until the partner visa comes through.

Edited March 19, 2014 by Rupert

[ABL275]

Yes - I did this in January 2013. Very scary at the time but it all worked out well and very quickly (in fact I skipped the 820 visa and was awarded an 801 visa straight away).

 

So first things; a quick lesson on terminology (and bear with me as someone else is bound to quote this at you anyway):

 

You can't cancel a 457 visa. DIAC issue the 457 visa and only DIAC can cancel this. Employers can ask DIAC to cancel it but almost always don't as DIAC then asks questions about why they applied for it in the first place.

 

Once you have applied for an 820 you automatically 'receive' a bridging visa (you won't get any paper on even an email it just has the effect of extending your existing visa even though you would otherwise not be allowed to stay in Australia on the basis of it) i.e. ordinarily, a 457 visa allows you to work in Australia for a named employer (only) and once you cease to work for that employer you will have 3 months (it used to be 28 days until recently) to find another employer willing to sponsor the existing 457 visa or you will have to leave the country.

 

The bridging visa will extend that 3 months for whatever period is required for DIAC to decide to give you the 820 visa or not, but here comes the crunch, you can only work for the employer sponsoring the 457 until DIAC make their decision. If you quit your job, you will not be able to work for anyone else and nor can you leave the country.

 

Consequently timing can be very important as DIAC quoted (in Jan 13) that partner (i.e. 820/801) visa processing times can be up to 14 months, so things to consider include:

 

- your bridging visa starts as soon as your application is received by DIAC (in Brisbane) but you can submit an application part completed. In my case I had to wait an additional 2-3 records to have up to date police checks in the UK and Australia.

 

- the 820 visa application is a hefty brute to complete and may take a week or so just to gather all the documentation and evidence together

 

- Despite the warning of 14 months processing times my visa (in line with several other PIO members) came through in about 10 days. I'm guessing, that if the application and supporting documents are all in English and you and your partner are married and have been so for a while then it's really easy for DIAC to process and so it goes through quickly. If the documentation requires verified translations and/or your relationship with your partner is not obviously long term (to a Public Servant sitting in Brisbane) then it may take longer.

 

I suggest it would be best to stick with the job while you can and go through the 820 visa application process first before quitting, otherwise if you quit now and your application is not straight forward you would be prevented from working for quite some time.

 

Good luck and let us know how you get on,

Edited March 19, 2014 by ABL275
Typo's

[iloveaussie]

ABL275, thank you for your advice and importation

 

I have always believed if you have PR or sponsorship, it is a privilege to have and hard to get, even if your employer is the devil!

 

Thing is that makes it hard, is my current employer have reduced my ours, aswell as my pay. The only thing I can do right now is to inform immigration and report them, however I know I will lose my job and have 90days to find another sponsor or visa, and in them 90 days I will not have the money to apply for my partner visa.

 

I was told that I may have to wait for a case officer and apply for a work rights visa with them stating I was treated unfairly and forced to seek other alternatives. Its all so fiddly and you hear so many different things from different agents and people in the same boat.

 

 

So when I leave my employer, do I need to contact immigration about my 457? or does the employer have to do this themselves?

I often wonder what would happen if I reported my employer before I wish to terminate employment, would I end up getting a work rights visa?

 

Im struggling as it is already on part time wages, when my contract states full time

 

Thank you again

[Guest]

@ABL275 - I thought bridging visa only kicked in once current visa expires. Is this different when coming off a 457? Or if going on to BVE?

 

OP - Be aware processing times for a partner visa are generally running at 13 months and while there is the odd case of them being processed quicker, this is not a given and should not be expected.

 

I'd really at least run your case past a reputable migration agent (many offer a free consult) and verify what you've been told on here.

[Guest]

Ok, looking back at @ABL275 's post, do you mean leave the job, cancel the 457 and then in the 28 days after this apply for partner visa? And gain BVB (I think it is this one) and have work rights on it while waiting for application to process?

[iloveaussie]

 

@snifter, I plan on lodging my 820 partner visa, then cancelling my existing 457 visa. but have been told the bridging visa I will automatically go onto will not have work rights because I have cancelled a work visa, however I am cancelling this visa because I have been treated unfairly and my employer is not obeying by the contract.

[Rupert]

@snifter, I plan on lodging my 820 partner visa, then cancelling my existing 457 visa. but have been told the bridging visa I will automatically go onto will not have work rights because I have cancelled a work visa, however I am cancelling this visa because I have been treated unfairly and my employer is not obeying by the contract.

 

You have been told correct. I have already explained what will happen, in the scenario you describe, you get bridging visa E, the emergency bridging visa and the worst one. It comes with no working rights and you cannot leave the country and come back. See my earlier post.

 

Have you lodged formal grievances at your place of employment? If you are going to go for bridging visa E, you will have to appeal for work rights, do being able to demonstrate your issues might help.

Edited March 19, 2014 by Rupert

[ABL275]

Hi Snifter, (how do you do that referencing by the way?)

 

I can only really speak about the 457 route as that's all I have experience of, but living in Canberra it was pretty easy to walk into DIAC 'HQ' and get a detailed briefing. Strictly speaking if a 4-year 457 visa is issued by DIAC it won't expire until the end of the 4 years unless DIAC (and only DIAC has the power to do this) decide to cancel it.

 

The visa continues to exist even if the individual for whom it was created, cannot no longer meet it's terms and conditions (it would create too much needless additional bureaucracy to ensure all open visas were still being used and Lord knows, more bureaucracy is the last thing we need in Canberra).

 

The status of Bridging Visas types A-E is an odd one as they don't really seem to really exist on their own, they just affect other visas. As I say, in my case the bridging visa just extended how long I could stay on a 457 without actually working for my sponsor (I was 'let go' unexpectedly but fortunately my wife had dual nationality), from 28 days (now 90 days) to as long as it took to process the Partner visa application.

 

I never received a 'bridging visa' by email or post and my immigration status (I checked on VEVO) just remained '457 visa holder' until the Partner visa was granted (by email) and it changed immediately to '801 visa holder'.

 

I guess I was fortunate in that I submitted the bulk of my application and then submitted the police checks 3 weeks later and my 801 visa was granted 9 working days after that.

 

 

 

@ABL275 - I thought bridging visa only kicked in once current visa expires. Is this different when coming off a 457? Or if going on to BVE?

 

OP - Be aware processing times for a partner visa are generally running at 13 months and while there is the odd case of them being processed quicker, this is not a given and should not be expected.

 

I'd really at least run your case past a reputable migration agent (many offer a free consult) and verify what you've been told on here.

[Rupert]

Hi Snifter, (how do you do that referencing by the way?)

 

I can only really speak about the 457 route as that's all I have experience of, but living in Canberra it was pretty easy to walk into DIAC 'HQ' and get a detailed briefing. Strictly speaking if a 4-year 457 visa is issued by DIAC it won't expire until the end of the 4 years unless DIAC (and only DIAC has the power to do this) decide to cancel it.

 

The visa continues to exist even if the individual for whom it was created, cannot no longer meet it's terms and conditions (it would create too much needless additional bureaucracy to ensure all open visas were still being used and Lord knows, more bureaucracy is the last thing we need in Canberra).

 

The status of Bridging Visas types A-E is an odd one as they don't really seem to really exist on their own, they just affect other visas. As I say, in my case the bridging visa just extended how long I could stay on a 457 without actually working for my sponsor (I was 'let go' unexpectedly but fortunately my wife had dual nationality), from 28 days (now 90 days) to as long as it took to process the Partner visa application.

 

I never received a 'bridging visa' by email or post and my immigration status (I checked on VEVO) just remained '457 visa holder' until the Partner visa was granted (by email) and it changed immediately to '801 visa holder'.

 

I guess I was fortunate in that I submitted the bulk of my application and then submitted the police checks 3 weeks later and my 801 visa was granted 9 working days after that.

 

Will try again, my post has disappeared.

 

ALB275, I do not know what point you are trying to make here, but I think you are in danger of confusing the issue for OP who is just trying to understand her situation better.

 

Are you seriously suggesting that she quit her job and hope DIBP do not get around to cancelling the visa? Because I think this is really irresponsible if so, plenty of 457 get cancelled and they don't all last four years either, which is not the point here but does prove you don't know all there is to know about 457 visas. And as for VEVO, my OH still doesn't have a visa at all according to that, it is well known that it is not reliable.

Edited March 19, 2014 by Rupert

[blossom]

Bridging visa a will be issued, but will not actually come into affect until your last visa EXPIRES. Everyone 'should' get emailed a copy of the bridging visa which makes this very clear. It also makes very clear that if your first visa is CANCELLED then so will bridging visa a be cancelled. If you don't get a copy of the bridging visa then contact immigration and ask where it is.

 

So although if you quit your job immigration may not cancel your 457, you won't be free to find another job. If they do cancel it and you go onto bridging visa e (as has happened to many people on this forum) then you won't be able to work as this visa stipulates no working.

[Raul Senise]

I understand that you are talking about your experience, however, there is some misleading information which could get people into trouble.

Employers can ask DIAC to cancel it but almost always don't as DIAC then asksquestions about why they applied for it in the first place.

 

Employers must advise Immigration within 10 days of the cessation of employment as part of their sponsorship obligation. There are serious consequences if they fail to notify the Immigration Department.

The Department does not ask any questions about why it was applied for in the first place.

 

Once you have applied for an 820 you automatically 'receive' a bridging visa(you won't get any paper on even an email

Yes you will. If you did not receive a notice of grant of your bridging visa, this was an error from the Department. It is usually contained with the confirmation of lodgment letter.

 

- your bridging visa starts assoon as your application is received by DIAC (in Brisbane)

A bridging visa is granted on lodgment but it does not come into effect (start) until your current visa expires.

 

If your visa is cancelled the associated bridging visa is also cancelled.

[Raul Senise]

Hey Guys,

 

I will be looking to lodge my 820 partner visa in the next 10 weeks...

 

Once I have lodged my visa I am looking to hand in my notice who I have my 457 with, and cancel my visa.. I have been told If I cancel my 457 working visa, I will not get a work rights bridging visa

 

Can anyone who has done this, tell me more information on how I can get a working rights bridging visa?

 

Sadly I am cancelling my 457 visa because I am being treated unfairly! my current employer is not sticking to the contract, I am loosing money and hours at work.

 

I cannot report this situation to immigration before I lodge my 820 visa, as I need to save money first and apply for the visa, so sadly right now its a los lose situation!

 

any help would be fantastic

 

thank you

 

Proceed with caution as this is a common but tricky situation.

 

If your 457 is cancelled after you have lodged your 820 visa, the bridging visa A will also be cancelled. This will have the effect of you being unlawful and granted a bridging visa E. On a bridging visa E you have no work rights (but you can apply for work rights) and you cannot apply for a bridging visa B to allow you to travel.

 

Considering that processing times can be up to 14 months, you should consider your options carefully and possibly obtain some professional advice to determine the best visa strategy.