walsallexpat Posted February 16, 2015 Share Posted February 16, 2015 Hi all, I've been doing some research about my current situation and have tried to get my head around everything (I think I'll be an expert on immigration law by the end!) but I just wanted to clarify my current situation to see if anyone has gone through the same process. I'm currently on an employer sponsored 457 VISA (2 years into a 4 year VISA) but have been offered another job which I intend to take. I haven't yet proposed to my prospective employer the possibility of them taking over my 457 which is my last resort given the level of cost and bureaucracy associated. I'm originally from the UK. I was invited to lodge my 189 Skilled Independent VISA on 23rd January so just over three weeks ago. My skills have been assessed as suitable by the relevant institute (i.e. I have enough points on my application), my medical has been completed, and all other documents have been uploaded, so I believe that as soon as a case officer is assigned my VISA should be approved straight away. From speaking to a couple of friends who have gone through the same process, they said that it took 6-8 for the application to be approved from the invitation/payment date. Given that I am already 3 weeks in, and allowing another week for signing of contract and my 4 week notice period, I will be around the 8 week mark by the time my employment finishes and therefore hopefully my 189 will have been approved by then. Should it not have been approved by then, my 457 will disappear (along with my Bridging Visa A which is not valid as it is superseded by the 457) and I believe I will then have to move onto the Bridging Visa E until the decision is made. My main question is; I believe that there are no working rights attached to the BVE - is this correct? Assuming this is the case, I could delay my start date with my new employer until my 189 came through (I'd be at the 8 week mark by then so would hopefully not have to wait for much longer), however I just wanted to see if other people have had several time frames? The department of immigration just referred me to their website which stated that the average processing time was three months but I imagine mine would be quicker once it is assigned as I have everything certified and uploaded ready to go? Financially, I'd be able to cope should I be out of work for a few weeks, and if my prospective employer got sick of the wait and withdrew my job offer, then I'd be comfortable to wait until my 189 came through before reapplying for jobs, assuming it would only be another month or so maximum that I would have to wait. I believe that the BVE would cover me for as long as I'd need so assuming my 189 wasn't rejected at which point I'd have to leave the country or find an employer who would be willing to sponsor a 457 (worst case scenario). Any advice or thoughts from anyone who has been in a similar situation would be appreciated, or if there are any other suggestions that would be a suitable work-around. Thanks Walsallexpat Link to comment Share on other sites More sharing options...
MaggieMay24 Posted February 16, 2015 Share Posted February 16, 2015 In my opinion, you'd be silly to quit your current job before your 189 is approved. DIBP's processing times are not guaranteed in the least, and they can vary significantly from a couple to several months. It would be better to risk losing this possible job vs. finding yourself without any visa. The BVE has no work rights, doesn't let you re-enter Australia if you had to leave for any reason, and any time in Australia prior to your BVE doesn't count towards citizenship residency. Link to comment Share on other sites More sharing options...
Smithjed Posted February 18, 2015 Share Posted February 18, 2015 Damn I just wrote heaps then it disappeared. your 457 won't have disappeared in 8 weeks so you can still work but your new employer would have had to nominate you approx $400. Only a little tricky if they have to also do the business visa bit before that! So total about $1000 but that bit is a bit of a faff for them. but if you have been granted a bridging visa then you should be able to work for the new employer without them nominating you. It states that on the bridging visa (I'm assuming not E) you can work if your previous visa enabled you to work- in your case yes a 457 Link to comment Share on other sites More sharing options...
lebourvellec Posted February 18, 2015 Share Posted February 18, 2015 Damn I just wrote heaps then it disappeared. your 457 won't have disappeared in 8 weeks so you can still work but your new employer would have had to nominate you approx $400. Only a little tricky if they have to also do the business visa bit before that! So total about $1000 but that bit is a bit of a faff for them. but if you have been granted a bridging visa then you should be able to work for the new employer without them nominating you. It states that on the bridging visa (I'm assuming not E) you can work if your previous visa enabled you to work- in your case yes a 457 The bridging visa will not come in to effect until the 457 visa expires...not cancelled. Also bridging visas usually come with the same work rights as the previous visa held, therefore working for different employer will be breaching the bva Link to comment Share on other sites More sharing options...
Smithjed Posted February 18, 2015 Share Posted February 18, 2015 Oh is this so^ you can't work for a different employer. I was of the understanding you could work if your previous visa allowed you to. It would however make sense if it was the exact same entitlement Link to comment Share on other sites More sharing options...
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