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Moving from a 457 to De Facto Application - Can I apply for other jobs?


manckiddoh

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Hi All,

 

I have a specific question that I cant seem to find an answer for anywhere. I really hope someone has had some experience and can advise me :-) Will be greatly appreciated.

 

Currently I'm on a 457 with an agency, so it means I cannot apply for PR because my 457 is held with an Agency (this is what the agency has advised me). One of my options is to apply for de facto through my relationship, but I'm just wondering that if I do this:

 

1) Will I stay on a 457 Visa until PR is approved?

2) Or will I move onto a Bridging visa? (if so which one)

3) and if i'm on a bridging visa, am i able to apply for other jobs, or do i need to stay in my current job/457 until PR is granted?

 

My worry is that if I apply for de facto, I'm stuck in my current job with my agency for at least 12 months.

 

Thank you in advance,

Tom

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My understanding is that you remain on your current visa till it expires, then a bridging visa would kick in and usually that comes with work rights. A 457 I guess means it won't expire unless you leave your job?

 

I'd perhaps run your case past a reputable agent to make sure you know what is what.

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No no - if you leave your job while on a 457, before your De Facto visa is granted, your 457 will be cancelled, not expired! Very important distinction. Your 457 doesn't expire until the expiration date on the visa. If you quit your sponsoring job, you'd then have 90 days (I think?) to find another sponsoring employer. If you couldn't find one, you'd be unlawfully in the country, and have to apply for and end up with a Bridging Visa E, which has lots of downsides: It comes with NO work rights (though you can apply for them if you can show financial hardship), NO travel rights (you can't apply for a BVB to be able to leave the country temporarily... you leave the country while on the BVE and you may find yourself subject to a three-year ban and unable to get back into the country to get your de facto visa granted if you're especially unlucky), and any time you spent in the country prior will no longer count towards citizenship.

 

You may want to ask a registered migration agent what your best move is.

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I can only tell you my daughter's experience. she was on a 457 visa.

lodged partner visa in Sydney, was granted bridging visa A which wouldn't start till her 457 ceased, had 2 years to run.

Left her 457 job and went on bridging visa E. conditions as mentioned in previous post. it's an awful visa.

she and her partner applied for the work conditions to be lifted due to financial hardship.

can't remember how long it took, possibly 1 or 2 months? Then lifted and could work for any one, but still couldn't leave the country.

then shortly after that her 820 granted, so all was well.

Don't know if she was lucky or if this is the normal way it works after leaving a 457 job to partner visa.

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CollegeGirl and Ramot are correct. You get issued a Bridging Visa A as soon as you lodge your 820 application, but it sits dormant until your 457 expires or your 820 is granted. If you want to leave your employer in the meantime, you can only do this to work for another employer who will nominate to take over your 457 visa.

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