Lemon ginger Posted October 27, 2014 Share Posted October 27, 2014 hi, my company has informed the immi about the cease of employment about 2 months ago. I just wondered when the 457 will be cancelled. is immi gonna cancel my visa without letting me know? I have also lodged a 186 (new employer) and would like to know when the bridging visa will come in effect. I m going on holiday in dec and have to organize a bridging visa b if the 457 is cancelled. Link to comment Share on other sites More sharing options...
blossom Posted October 27, 2014 Share Posted October 27, 2014 Ok, well it isn't that simple. If your 457 is cancelled then you go on bridging visa e. This has no work or travel rights and you can't apply for bridging visa b. They should write to you giving you the 90 days though. I believe if they know you have applied, or are applying for another visa they can be a bit more flexible though. Your best bet would be to get your new employer to take over your 457 so you can work for them (the 186 can take months) and travel with no worries. Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 27, 2014 Share Posted October 27, 2014 I think you get 90 days to find another 457 sponsor from when DIBP is notified that you have left the employer - it isn't clear from what you've written if you left the job 2 months ago or if DIBP was notified 2 months ago. If DIBP have known for 2 months, I believe you can expect your 457 to be cancelled in about 1 month. If your 457 is cancelled, your Bridging visa A will also be cancelled. You will then go onto a different bridging visa (probably an E) which has no travel rights, no eligibility for a BVB and no work rights unless you apply for and are granted Permission to Work. You should not yet be working for the 186 employer as you're still bound by your 457 conditions. Link to comment Share on other sites More sharing options...
Lemon ginger Posted October 27, 2014 Author Share Posted October 27, 2014 My situation is so complicated even I have no idea what's going on. When I applied for 186 with another employer. The letter said the bridging visa a will come in effect when the 457 ceases. My old employer has informed the immi about my resignation about 2 months ago but I am still working for them since I'm waiting for the 186 and am still holding the 457. So does it mean bv will come in effect after the 90days? Link to comment Share on other sites More sharing options...
blossom Posted October 27, 2014 Share Posted October 27, 2014 Ceases in visa terms means expires. If it's cancelled that's a whole other ball game. Link to comment Share on other sites More sharing options...
Lemon ginger Posted October 27, 2014 Author Share Posted October 27, 2014 Ceases in visa terms means expires. If it's cancelled that's a whole other ball game. I really shouldn't have inform the immi about my resignation then. I'm screwed Link to comment Share on other sites More sharing options...
wrussell Posted October 27, 2014 Share Posted October 27, 2014 hi, my company has informed the immi about the cease of employment about 2 months ago. I just wondered when the 457 will be cancelled. is immi gonna cancel my visa without letting me know? I have also lodged a 186 (new employer) and would like to know when the bridging visa will come in effect. I m going on holiday in dec and have to organize a bridging visa b if the 457 is cancelled. Have you consulted a registered migration agent? Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 27, 2014 Share Posted October 27, 2014 You're not screwed if you get your new employer to take over your 457 before it is cancelled. Then, you can continue working for them on the 457 until the 186 comes through and you can travel because you'll be holding a 457. The BVA that you were granted when you applied for the 186 will only take effect if your 457 expires (i.e. gets to its expiry date) before the 186 is granted - not if it is cancelled for any reason. Sounds like a consultation with a good RMA should be your next step. Link to comment Share on other sites More sharing options...
Raul Senise Posted October 28, 2014 Share Posted October 28, 2014 My old employer has informed the immi about my resignation about 2 months ago but I am still working for them since I'm waiting for the 186 and am still holding the 457. Your employer must notify Immigration within 10 days of your last day of work. How have they informed Immigration if you are still working there? So does it mean bv will come in effect after the 90days? No. As others have stated, if your 457 visa is cancelled, the bridging visa associated with your 186 application will also be cancelled. You will then be issued with a Bridging Visa E which has no work or travel rights. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 28, 2014 Share Posted October 28, 2014 Your 457 is subject to cancellation 90 days after you cease working for your nominating sponsor. If you're still working for them in the nominated occupation, your 457 will still remain intact (and you can travel freely). If you do stop working for your employer, 90 days afterwards DIBP may contact you to advise your 457 is subject to cancellation, and you can advise them you are waiting for your 186 to be processed (there's a good likelihood this would have been approved by then if you applied 2 months ago). It's quite possible they would leave the 457 in place until a decision is made on the 186 visa. However you're still subject to the conditions of the 457 which means you can't work for anyone who hasn't nominated you for a 457 visa. It would be worth your while to speak with a migration agent to make sure you've got all your ducks in a row in case anything goes pear shaped during this changeover in visas. Link to comment Share on other sites More sharing options...
Lemon ginger Posted October 28, 2014 Author Share Posted October 28, 2014 thanks guys, spoke to immi. they said my 457 wont be cancelled since I have already lodged a 186. I was supposed to end my employment with my sponsor in sept but they are nice enough for me to stay until I can start working for my new employer. so everything is fine now. just have to wait for the 186 now. Link to comment Share on other sites More sharing options...
Ozmaniac Posted October 28, 2014 Share Posted October 28, 2014 thanks guys, spoke to immi. they said my 457 wont be cancelled since I have already lodged a 186. I was supposed to end my employment with my sponsor in sept but they are nice enough for me to stay until I can start working for my new employer. so everything is fine now. just have to wait for the 186 now. Thanks for letting us know. Info like that is useful for future reference. BTW, did you get it in writing? Link to comment Share on other sites More sharing options...
Lemon ginger Posted October 28, 2014 Author Share Posted October 28, 2014 Thanks for letting us know. Info like that is useful for future reference. BTW, did you get it in writing? didn't know I can request that..... well hopefully my 186 will come thru before I go on my holiday. one more thing I got from immi today. I cant work for anyone else except my sponsor even tho my 457 is expired and bridging visa A come in effect. not until the 186 is granted. im lucky my old sponsor is keeping me until I start work at the new place. Link to comment Share on other sites More sharing options...
blossom Posted October 28, 2014 Share Posted October 28, 2014 Yep as bridging visa a has the same restrictions as your last visa (unless applying for a partner or family visa). Link to comment Share on other sites More sharing options...
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