iloveaussie Posted October 11, 2014 Share Posted October 11, 2014 So my employer just told me they are cancelling my 457 visa because they no longer meet the requirements to sponsor me.. basically they aren't earning enough it was due to expire next October 2015 however I have already applied for my PR 820 partner visa in April an won't hear back till early next year because of the wait times so I want to know what happens now? Will I get a bridging visa with work rights? can I look for any job now? Or because they cancelled my visa will I not be able to work for anyone? Or leave the country? i get 2 weeks pay an that Is it!! I'm screwed! I cannot wait for my 820 visa because I cannot live on no wage until then please help me guys!! Quote Link to comment Share on other sites More sharing options...
blossom Posted October 11, 2014 Share Posted October 11, 2014 Bugger. I have never heard of a company suddenly having to cancel a 457 as they no longer make enough money. Are they letting other people go? Unfortunately your bridging visa doesn't kick in until your 457 expires. You will get 90 days to find a new 457 sponsor. If you can't then you go onto bridging visa E. This has no work rights and no travel rights. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 11, 2014 Share Posted October 11, 2014 As you're still on a 457, you need to meet the obligations of only working for an employer willing to nominate you. You have 90 days to try to find a new sponsor. It's after the 90 days that you need to worry about remaining in Australia. As I understand the process, after 90 days, DIBP would contact you to initiate cancellation of the visa. I'd strongly suggest you speak with a migration agent before that 90 days is up. Perhaps you could convince DIBP not to cancel the 457 visa as you have a partner visa in process the past 6 months. But you'd benefit from a migration agent's guidance to confirm this could be possible or what other options may be suitable. Of course that means you can still only work for a nominating employer, but it's better than having to leave the country. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted October 11, 2014 Share Posted October 11, 2014 I think it is a case of be careful what you wish for. This was the outcome you were seeking in March. Quote Link to comment Share on other sites More sharing options...
ramot Posted October 11, 2014 Share Posted October 11, 2014 Not quite the same scenario, but my daughter had lodged her partner visa before she left her 457 visa job. her bridging visa A wouldn't be valid until her 457 visa ceased, as even if it was cancelled it was still valid until the original date it ceased. Hope that makes sense. she then was on bridging visa E, no work rights, and if she left the country I think there was several years ban before you can return. She and partner then applied for and had to prove hardship. I can't remember how long it took, before it was granted, but it was and she then had full work rights, could work for any one. Her 820 was granted shortly afterwards. hope this helps, and it might be an idea to start to put together a hardship case at once. She did use an agent for this. Quote Link to comment Share on other sites More sharing options...
iloveaussie Posted October 11, 2014 Author Share Posted October 11, 2014 Thank you everyone and QUINKLA I didn't wish for this thank you and there's no need to say comments like that right now Quote Link to comment Share on other sites More sharing options...
Quinkla Posted October 11, 2014 Share Posted October 11, 2014 (edited) I didn't wish for this thank you I'm afraid the evidence suggests otherwise: http://www.pomsinoz.com/forum/migration-issues/207713-457-820-partner-visa-help.html Best wishes anyway in sorting it out Edited October 11, 2014 by Quinkla Quote Link to comment Share on other sites More sharing options...
wrussell Posted October 11, 2014 Share Posted October 11, 2014 Only the minister or an authorised delegate can cancel a visa. You would be well advised to consult a registered migration agent. Quote Link to comment Share on other sites More sharing options...
ABL275 Posted October 11, 2014 Share Posted October 11, 2014 So my employer just told me they are cancelling my 457 visa because they no longer meet the requirements to sponsor me..basically they aren't earning enough it was due to expire next October 2015 however I have already applied for my PR 820 partner visa in April an won't hear back till early next year because of the wait times so I want to know what happens now? Will I get a bridging visa with work rights? can I look for any job now? Or because they cancelled my visa will I not be able to work for anyone? Or leave the country? i get 2 weeks pay an that Is it!! I'm screwed! I cannot wait for my 820 visa because I cannot live on no wage until then please help me guys!! Hi - I went through to same route myself, came over on a 457 visa, got fired out of hand and transferred to an 820 as my wife was born here - and here are my thoughts: 1. Your employer can't cancel you visa, only the Dept if Immigration and Citizenship (DIAC) can do that so the visa remains open, it's merely that you no longer meet the visa requirements as you don't have a sponsor. If you can find a sponsor within 90 days (or longer as outlined next) you're fine. 2. As soon as you applied for the 820 visa you would automatically have been granted a bridging visa. There's no certificate or PDF provided but the bridging visa has the effect of extending the conditions of your existing visa until a decision is made on whether to grant you the 820 visa i.e. you can stay under the conditions of your 457 until you get a decision on the 820 (not just the 90 days as would be the case if you'd not applied for the 820) but as you say, getting money coming in will be dependent on getting someone willing to sponsor you under the 457 conditions. 3. It may not take a year to get an 820 visa. I know that's what it says on the DIAC website but that seems mainly to apply to foreign language applications and complex cases. As many posts on this will testify, if you have a straight-forward marriage to an Australian citizen, and all your documents are in English it seems to go through a lot more quickly. Everyone's situation is different but in my case it took me about 4-5 weeks collect the data (the police checks took 3 weeks and were the longest delay), but from the day of submission to receiving my 820 visa was just 10 (TEN) days. Try searching through some of the previous posts on transferring from a 457 to an 820 for further info and good luck! Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 12, 2014 Share Posted October 12, 2014 2. As soon as you applied for the 820 visa you would automatically have been granted a bridging visa. There's no certificate or PDF provided but the bridging visa has the effect of extending the conditions of your existing visa until a decision is made on whether to grant you the 820 visa i.e. you can stay under the conditions of your 457 until you get a decision on the 820 (not just the 90 days as would be the case if you'd not applied for the 820) but as you say, getting money coming in will be dependent on getting someone willing to sponsor you under the 457 conditions. 3. It may not take a year to get an 820 visa. I know that's what it says on the DIAC website but that seems mainly to apply to foreign language applications and complex cases. As many posts on this will testify, if you have a straight-forward marriage to an Australian citizen, and all your documents are in English it seems to go through a lot more quickly. Everyone's situation is different but in my case it took me about 4-5 weeks collect the data (the police checks took 3 weeks and were the longest delay), but from the day of submission to receiving my 820 visa was just 10 (TEN) days.! The BVA is attached to the 457. If the 457 gets cancelled, the BVA is cancelled along with it. So the OP will have an issue if the 457 gets cancelled before the 820 is processed. From all the posts I've read on the 820 visa times, your grant would have been incredibly quick. The vast majority are taking 12+ months, so the OP would be wise to assume it will take at least a year to be granted in order to be prepared to deal with a gap in between visas. Quote Link to comment Share on other sites More sharing options...
ramot Posted October 12, 2014 Share Posted October 12, 2014 The BVA is attached to the 457. If the 457 gets cancelled, the BVA is cancelled along with it. So the OP will have an issue if the 457 gets cancelled before the 820 is processed. From all the posts I've read on the 820 visa times, your grant would have been incredibly quick. The vast majority are taking 12+ months, so the OP would be wise to assume it will take at least a year to be granted in order to be prepared to deal with a gap in between visas. When my daughter was in a sort of similar situation last year, she went straight on b visa E, after leaving her job. ( see my above post) time scale 820 lodged Dec. 2012 left 457 job Dec. 2012 90 days to find new sponsor but didn't find one. pleaded and proved hardship hardship case accepted May only took this long as needed extra police clearance from Mexico which took for ever and full works rights granted instantly 2013 820 shortly after this was Sydney We did wonder at the time if it was granted quicker than expected because she was b visa E? so although last year took a maximum 6 months Quote Link to comment Share on other sites More sharing options...
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