Visaissues Posted July 22, 2014 Share Posted July 22, 2014 Hi guys, my partner and I are facing a huge dilemma with changing from his 457 visa to 820 He was experiencing terrible working conditions (which he reported, and DIAC have been investigating the company for 6 months). He was told to find another sponsor or apply for another visa. He handed in his notice ~ 3 weeks ago, as we were planning to apply for the 820, later to find out that this would put him on a BVE until his 457 expires (IN 3 YEARS TIME!- ridiculous?) DIAC have not yet cancelled the visa, his immi account still states that he is under 457 conditions. To complicate things further, we have booked and paid for flights back to Europe for a wedding in 7 weeks time. What should we do?? Apply for the 820 (but he cant work the next 7 weeks) and then when in Europe apply for a tourist visa for re-entry? Apply for a tourist visa now onshore then immediately apply for the 820 (would the tourist visa even be granted?) Do nothing and then just apply for tourist visa when we are away? I am sure that he would be entitled to receive working rights if he applied for the 820 (as he has evidence of the monitoring thats going on, poor working conditions etc) but then we can't leave the country as he will be denied re-entry What is our best case scenario here? We are feeling pretty devastated and hopeless at the moment, any advice would be fantastic Link to comment Share on other sites More sharing options...
CollegeGirl Posted July 22, 2014 Share Posted July 22, 2014 Well, you wouldn't really be on the BVE for three years if you apply for the 820 now. When the 820 is granted in 12-15 months (or maybe even as few as six months if you get really lucky... but I wouldn't count on it) you'd be on the 820 and not the BVE anymore. I really think you need professional help on this one. It'd be really nice if you could just apply onshore for a tourist visa and have it overwrite your 457 so you could be on a BVA earlier... that'd be awesome, in fact. But I haven't heard of anyone doing that before, which makes me think it's not possible. A registered migration agent could tell you for sure if it is. I wouldn't be leaving the country if there's any chance your 457 might be cancelled in the meantime... it'd be awful to not have a visa to come back on and not be able to get a tourist visa. Seriously - your situation is REALLY complicated. I would be getting a really GOOD agent involved ASAP. Link to comment Share on other sites More sharing options...
Visaissues Posted July 22, 2014 Author Share Posted July 22, 2014 Yes I am aware of that but how do they find it reasonable that someone can not leave the country or work for anyone but their current employer (after resigning) for 1years+ waiting for the 820. It's very very complicated I know. I think we are going to ask advice from a migration agent, but was hoping some people have had similar issues and could advise! I will be devastated if we have to cancel our flights. Our families are both meeting for the first time as well. Very sad. Link to comment Share on other sites More sharing options...
ramot Posted July 22, 2014 Share Posted July 22, 2014 It's a really difficult situation. I am no expert but if you search for my thread about my daughter's similar situation, it will point out some of the difficulties. Simply she left her 457 job, having applied for her 820, bridging visa A given, but it wouldn't be valid till her 457 ceased, and it took several months for her 457 to be cancelled, but it would not cease till her 457 was time expired, which had 3 years ? still to run. So went on the awful bridging visa E. No work rights, and if she left the country before her 820 came through, wouldn't be allowed back in to Australia. She and her partner applied for work rights to be re-instated pleading and having to prove financial hardship, this came through some time later, so she could work, but still couldn't leave the country. Please only take this as what happened to my daughter, and get proper advice from an expert, things might have changed. Her 820 was granted approx 9 months from lodging. Applied dec. 2012, granted sept. 2013, but it was a very stressful time. Link to comment Share on other sites More sharing options...
ramot Posted July 22, 2014 Share Posted July 22, 2014 I have no idea if this is viable, again get proper advice. I have heard some people left Australia after leaving a 457 job, before the 90 days were up. Does this effectively cease your 457?? Then come back on a 3 month visitors visa, then applied onshore for 820. Obviously can't work for 3 months, but only have to wait 3 months on before b v A kicks in?? but you might have a no further stay on this visa in which case it's no help. I only mention it as it has been suggested in the past, but I really don't know any more than that. Good luck with everything Link to comment Share on other sites More sharing options...
Guest Posted July 22, 2014 Share Posted July 22, 2014 Contact a reputable agent for advice and perhaps take on their services to help you sort this out. Any of those that post on here are worth contacting. Link to comment Share on other sites More sharing options...
Visaissues Posted July 22, 2014 Author Share Posted July 22, 2014 Thank you for your advice. This is what we are planning to do but, as you said, it can come with a NFS condition. We are going to go and see a migration agent, but over the phone they are all giving contrasting advice! It's a very tricky situation, and I guess we just wanted to see what others have experienced before taking the next steps......What a headache!!!! Link to comment Share on other sites More sharing options...
Pumpkin Posted July 22, 2014 Share Posted July 22, 2014 Thank you for your advice. This is what we are planning to do but, as you said, it can come with a NFS condition. We are going to go and see a migration agent, but over the phone they are all giving contrasting advice! It's a very tricky situation, and I guess we just wanted to see what others have experienced before taking the next steps......What a headache!!!! It is a bit tricky and good professional advice makes sense to me too. I was just wondering, has he actually been given notice of the cancellation of the 457 yet? If not, you have at least 90 days before it is cancelled, so can he get to the wedding and back within that time frame? Then he is onshore when it is cancelled, would go onto BVE and from here he could apply for working rights (note he might not get them). He would not be able to leave the country and come back until the partner visa is issued though, so I am not suggesting this is a great option, but he doesn't have great options as far as I can see. I don't think he can just apply for a tourist visa like that and if he did, it wouldn't necessarily replace the 457. We often say there is a risk of the most recent visa cancelling the other one, but I have also heard that DIAC will not replace a visa with a less favourable one and a tourist visa is generally not preferable to a 457 in terms of what it allows, not withstanding that it suits him at this point in time! Going off shore to apply for a tourist visa, with the intention of coming back onshore to apply for the partner visa is risky. Because there could be that no further stay condition but also because he might not appear to be a genuine tourist and might get turned away at the door. Perhaps you could clarify where he is with the 457 cancellation process? Link to comment Share on other sites More sharing options...
Visaissues Posted July 22, 2014 Author Share Posted July 22, 2014 He has not received the notice of the cancellation yet. We leave on the 8th of September so I doubt that we have time to go and come back...Looks like we will have to cancel at this stage! Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 22, 2014 Share Posted July 22, 2014 I would think an application for a tourist visa when he has 3 years remaining on a 457 visa would raise a lot of questions in the mind of a case officer. If I were in his shoes, I'd focus solely on finding another sponsor for his 457. If it means not leaving the country (I'd put a visa ahead of a wedding), then I wouldn't leave the country. I'd rather avoid a BVE if at all possible. Link to comment Share on other sites More sharing options...
Visaissues Posted July 22, 2014 Author Share Posted July 22, 2014 Unfortunately, it is not that easy to find a sponsor! Link to comment Share on other sites More sharing options...
Pumpkin Posted July 22, 2014 Share Posted July 22, 2014 He has not received the notice of the cancellation yet. We leave on the 8th of September so I doubt that we have time to go and come back...Looks like we will have to cancel at this stage! I don't understand your maths. Once you get notice, the 90 days starts. So surely this means he will have time to get there and back? Unless you are going for a very long time. If he got notice today then that would give him until mid October to get back? Link to comment Share on other sites More sharing options...
Visaissues Posted July 22, 2014 Author Share Posted July 22, 2014 Is it 90 days from WRITTEN NOTICE, or 90 days from termination of employment? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 22, 2014 Share Posted July 22, 2014 I thought I'd read that you have 90 days to either find another sponsor or lodge a different visa application. So I think if he can't find another sponsor, if you lodge your partner application he'd then be given a BVA. But like I said, I think I've read this but don't remember who posted it. A consultation with a migration agent should give you more knowledgeable information. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 22, 2014 Share Posted July 22, 2014 Is it 90 days from WRITTEN NOTICE, or 90 days from termination of employment? He will be given 90 days notice, clock will not start until he receives that notice. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 22, 2014 Share Posted July 22, 2014 I thought I'd read that you have 90 days to either find another sponsor or lodge a different visa application. So I think if he can't find another sponsor, if you lodge your partner application he'd then be given a BVA. But like I said, I think I've read this but don't remember who posted it. A consultation with a migration agent should give you more knowledgeable information. No we have covered this, there will be no BVA for OP as the 457 will, in due course, be cancelled. BVAs only come about upon the expiry of a visa. Link to comment Share on other sites More sharing options...
ramot Posted July 22, 2014 Share Posted July 22, 2014 No we have covered this, there will be no BVA for OP as the 457 will, in due course, be cancelled. BVAs only come about upon the expiry of a visa. Pumpkin is correct. BVA only kicks in when the 457 ceases, which can be years after it is cancelled, depending how long is left on the visa. it's very confusing when BVA is issued on application of the 820 visa and if it hadn't been for advice from PIO members/ MA agents could have misunderstood the BVA and thought she was covered by it. Take advice from an agent all the ones who kindly post on PIO should give good advice. Link to comment Share on other sites More sharing options...
Visaissues Posted July 22, 2014 Author Share Posted July 22, 2014 Do you have the link of an actual registered migration agent who posts on here? I am looking through some other threads but no luck. Link to comment Share on other sites More sharing options...
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