Gregman13 Posted July 9, 2014 Share Posted July 9, 2014 Hi, I am leaving my job at the end of the month to return to the UK for approx 3 months. I have applied for a 820 partner visa one month ago. I called immigration to find out would I have any problem returning to Australia in late October or do I have to get a Bridging Visa B. Immigration told me that when you finish your job on a 457 you get 90 days to apply for a new visa or get another sponsor and the fact that I have applied for a partner visa means that my 457 will still be valid. This means that I can come in and out of the country as per 457 conditions but if I want to work again I will have to get a new sponsor. Can anyone confirm the validity of the answer I got? I am aware and from previous experiences that immigration's advice can be dodgy at times. Thanks Link to comment Share on other sites More sharing options...
Adam Grey Posted July 9, 2014 Share Posted July 9, 2014 You would've been given a bridging visa A when you applied for the 820, but it does not come into effect until your 457 visa expires. The issue that you're going to face is that the BVA contains the same condition as your 457 visa which stipulates that you must not cease work for more than 90 days, so if your 457 is cancelled due to your lack of work, your BVA will be cancelled too. If this happens while you're inside Australia you would become unlawful. I'd suggest taking professional advice from a MARA registered agent before embarking on this path. Previous advice on this forum regarding this particular scenario has been wildly inaccurate from some members. All the best, Link to comment Share on other sites More sharing options...
Gregman13 Posted July 9, 2014 Author Share Posted July 9, 2014 You would've been given a bridging visa A when you applied for the 820, but it does not come into effect until your 457 visa expires. The issue that you're going to face is that the BVA contains the same condition as your 457 visa which stipulates that you must not cease work for more than 90 days, so if your 457 is cancelled due to your lack of work, your BVA will be cancelled too. If this happens while you're inside Australia you would become unlawful. I'd suggest taking professional advice from a MARA registered agent before embarking on this path. Previous advice on this forum regarding this particular scenario has been wildly inaccurate from some members. All the best, Thanks Adam I think I will call in to Department of Immigration offices in West Perth to get some kind of confirmation. I don't want to get stopped coming back in to Australia. Link to comment Share on other sites More sharing options...
Guest Posted July 9, 2014 Share Posted July 9, 2014 Thanks Adam I think I will call in to Department of Immigration offices in West Perth to get some kind of confirmation. I don't want to get stopped coming back in to Australia. I'd say call a decent agent first before calling immi for clarification. Link to comment Share on other sites More sharing options...
wrussell Posted July 9, 2014 Share Posted July 9, 2014 From what you posted, you will be OK unless your 457 expires or is cancelled whilst you are out of Australia. Link to comment Share on other sites More sharing options...
Adam Grey Posted July 9, 2014 Share Posted July 9, 2014 From what you posted, you will be OK unless your 457 expires or is cancelled whilst you are out of Australia. But he wouldn't be OK if his 457 visa was cancelled in Australia Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 9, 2014 Share Posted July 9, 2014 I wouldn't assume DIBP will give you correct information when you speak with them, as they're often known to give wrong information and they aren't liable for that. I'd speak with a migration agent if I were you. Link to comment Share on other sites More sharing options...
Alan Collett Posted July 9, 2014 Share Posted July 9, 2014 Please - speak with a registered migration agent so you fully understand your situation - one of the above, for example. Best regards. Link to comment Share on other sites More sharing options...
Gregman13 Posted July 10, 2014 Author Share Posted July 10, 2014 But he wouldn't be OK if his 457 visa was cancelled in Australia Is there any reason my 457 would be cancelled within the 90 days? I have got in touh with an agent and they said I should be fine if I come back in within the 90 days. Link to comment Share on other sites More sharing options...
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