aceofspain85 Posted February 20, 2015 Share Posted February 20, 2015 Hi all I've been in oz 16 months now and in a de-facto relationship since day 1. the relationship is almost 2 years in total. we are expecting our 1st child and I was just released from my job because I confronted my manager about the wage being below what he was supposed to be paying. I am struggling to find a new sponsor and have been told that even if I apply for a partner visa I will still have the sponsorship restrictions. I am hoping to have the working restrictions lifted because I can't find a sponsor and soon we will be financially struggling with a child on the way and a missus on maternity pay. any help please would be very grateful Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 20, 2015 Share Posted February 20, 2015 I've never heard of anyone having 457 work restrictions lifted while their 457 was still valid. Once it EXPIRES, your Bridging visa A automatically has unrestricted work rights but the 457 has to expire. If it's cancelled, your BVA will also be cancelled and you'll have to get a different BV, probably a BVE which has no work rights. You may be able to apply for Permission to Work on the grounds of financial hardship. Might be a good idea to speak to a good RMA who will be able to advise you on your options. A consultation of that nature won't cost much at all. Link to comment Share on other sites More sharing options...
engaus Posted February 20, 2015 Share Posted February 20, 2015 So if you cancel your 457 you will need to apply for a BVE. There are multiple downsides to this bridging visa. 1. Any time spent in Australia prior to obtaining the BVE won't count towards citizenship so your clock starts again. 2. You can't leave australia for the duration your partner visa is being processed - 12-15months is the current waiting time. 3. It also comes with no work rights. You can apply for work rights if you can show hardship. But they are tightening up on this (it used to be quite straight forward). I have seen a number of people who have recently been refused working rights on their BVE. I would get the advise of a MARA agent so you can best prepare your application. But I would be continuing to do what you can to get a sponsor because there is no guarantee you will receive work rights on the BVE after applying for them. Link to comment Share on other sites More sharing options...
ramot Posted February 20, 2015 Share Posted February 20, 2015 My daughter lodged her partner visa before leaving her 457 visa job. Bridging visa A issued, but wouldn't take effect until her 457 ceased. 457 can be cancelled, but cannot cease until the end of the original length of time it was issued for so bridging visa A wouldn't apply. In my daughter's case, she was 2 years into a 4 year 457, so she then went on bridging visa E (not allowed to work or leave the country) she and her partner applied for the work restrictions to be lifted due to financial hardship, which they had to prove. Her work restrictions were lifted, but I can't remember how long it took, I think at least a few months, but when lifted she could work for anyone, but still couldn't leave the country. Once the 820 was granted she could still work for anyone and leave the country this was a couple of years ago. She and her partner did use an agent for the original application, who also then made sure they lodged enough proof of hardship. hope this helps, good luck Link to comment Share on other sites More sharing options...
aceofspain85 Posted February 20, 2015 Author Share Posted February 20, 2015 thanks for the info guys, don't suppose there is a MARA agent that either of you would recommend in Brisbane? in the meantime i will continue to search for a sponsor and hope i find something really soon before money becomes tight, have enough for the partner visa just but might have to speak to an agent before i apply for that incase there is a different way to go. Link to comment Share on other sites More sharing options...
aceofspain85 Posted February 20, 2015 Author Share Posted February 20, 2015 My daughter lodged her partner visa before leaving her 457 visa job.Bridging visa A issued, but wouldn't take effect until her 457 ceased. 457 can be cancelled, but cannot cease until the end of the original length of time it was issued for so bridging visa A wouldn't apply. In my daughter's case, she was 2 years into a 4 year 457, so she then went on bridging visa E (not allowed to work or leave the country) she and her partner applied for the work restrictions to be lifted due to financial hardship, which they had to prove. Her work restrictions were lifted, but I can't remember how long it took, I think at least a few months, but when lifted she could work for anyone, but still couldn't leave the country. Once the 820 was granted she could still work for anyone and leave the country this was a couple of years ago. She and her partner did use an agent for the original application, who also then made sure they lodged enough proof of hardship. hope this helps, good luck Sounds like almost the same situation we are currently in, there is no doubt if i don't have a job we are going be financially struggling we are currently on the verge of asking friends and family for money. I will set up a meeting with an agent ASAP and see what they recommend/what they need to prove financial hardship. thanks for your response and advice Link to comment Share on other sites More sharing options...
ramot Posted February 20, 2015 Share Posted February 20, 2015 Sorry can't help with Brisbane agent, but your agent doesn't need to be local. Can tell you privately who I wouldn't recommend. Raul Senise? Based in Sydney was lovely when we asked for advice about this, and Allen Collett, Go Matilda gets good reviews. Don't know my daughter's agent's name and she is away for 3 weeks. Link to comment Share on other sites More sharing options...
engaus Posted February 20, 2015 Share Posted February 20, 2015 I will send you a message with a MARA agent who will be able to help - he frequents another forum that I am on. Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 20, 2015 Share Posted February 20, 2015 Both of the agents recommended by Ramot are regarded as two of the best in the business. Link to comment Share on other sites More sharing options...
aceofspain85 Posted February 21, 2015 Author Share Posted February 21, 2015 thanks guys have taken all your recommendations on board and will soon be following up on these. really thank you for your help Link to comment Share on other sites More sharing options...
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