patel Posted April 3, 2015 Share Posted April 3, 2015 hi, Can anyone help, i m on 457 and have applied for rsms from another employer. got rcb waiting for nomination and visa. i m not happy with my current job:arghh:, my question is can i cancell the current 457 and go on bridging or will there b any problem if i do so, should i keep on working with the 457 employer till i get my rsms visa approval. thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 3, 2015 Share Posted April 3, 2015 If you want to be able to work between now and the grant of the 187, you should stay with the current employer until your 187 is approved. If you leave your 457 employer, you cannot work for any other employer while the 457 is valid. If the 457 is cancelled for any reason, the Bridging visa A you were granted when you applied for the 187 will be cancelled and you will go on to a Bridging visa with no work or travel rights. Link to comment Share on other sites More sharing options...
Lennie Posted April 3, 2015 Share Posted April 3, 2015 Hi Patel, I agreed with what Ozmaniac said. I was in the same situation 2 years ago. I was on visa 457 and applied RSMS through another employer. And I worked for my old employer until my PR was granted. I rang immigration department and they told me that once I leave my current employer, I need to apply bridging visa in order to stay in Australia. However, I won't be able to work on bridging visa. Hope this will help. Link to comment Share on other sites More sharing options...
patel Posted April 3, 2015 Author Share Posted April 3, 2015 thanks both of u. Link to comment Share on other sites More sharing options...
blossom Posted April 3, 2015 Share Posted April 3, 2015 Your new employer could apply to take over your current 457 visa. Link to comment Share on other sites More sharing options...
patel Posted April 4, 2015 Author Share Posted April 4, 2015 thanks blossom, if i cancel my 457 i will not be able to work being the main applicant. will it be the same for my wife also as she is on dependant. thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 4, 2015 Share Posted April 4, 2015 Until your 457 is cancelled, your wife will still be able to work without restrictions as at present but you can only work for your current employer. If your 457 is cancelled, neither you nor your wife will have a work visa and neither of you will be able to work. If the 457 is cancelled, your Bridging visa A will immediately be cancelled and you will instead get BVs with no work or travel rights. Blossom's suggestion of getting your new employer to nominate you for a 457 is worth considering. It should be processed faster than the 187, particularly if the employer is already an approved sponsor however you are still restricted to working for your current employer until it is granted. Link to comment Share on other sites More sharing options...
patel Posted April 4, 2015 Author Share Posted April 4, 2015 this is best site i have ever come across where people really help u in best possible manner. ya u r right ozmaniac but it will occur extra visa fees and medical charges better i continue with the same employer until i get my rsms granted. one more thing now i can apply for my medicare as i have lodged the rsms. do i have to keep my private health (BUPA) insurance also or i can cancel it. would it affect my current 457 visa. thanks Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 4, 2015 Share Posted April 4, 2015 Logic tells me that you could cancel the BUPA given that 457 holders from countries with reciprocal healthcare arrangements (e.g. the UK) don't need private health insurance once they sign up to Medicare but I'm afraid I don't know for sure. Hopefully someone else will come along with a definite answer. Link to comment Share on other sites More sharing options...
blossom Posted April 4, 2015 Share Posted April 4, 2015 Personally I wouldn't cancel your health insurance unless you are from a country with a reciprocal health agreement. Just incase the rsms is turned down. Link to comment Share on other sites More sharing options...
patel Posted April 5, 2015 Author Share Posted April 5, 2015 thanks both of u. if i would have been able to cancel bupa, i would have saved 226 $ monthly. i will wait. thanks Link to comment Share on other sites More sharing options...
patel Posted May 21, 2015 Author Share Posted May 21, 2015 finally i had a big argument and he said he will cancel my 457 , will it effect my rsms. i have got the rcb from other employer but m still waiting for my nomination. what if my 457 employer gives a negative feedback will i get a chance to justify myself to the immigration. Link to comment Share on other sites More sharing options...
Ozmaniac Posted May 21, 2015 Share Posted May 21, 2015 He can't cancel your 457 - only DIBP can cancel visas. He can only notify DIBP that you are no longer working for him and they will then notify you of an intention to cancel your 457 within (usually) 28 days though they may choose not to do that given that you have a pending RSMS application. I very much doubt if anything he says will affect your RSMS application but if DIBP have any concerns, you will be given the opportunity to respond. Link to comment Share on other sites More sharing options...
patel Posted May 22, 2015 Author Share Posted May 22, 2015 thanks for ur reply ozmaniac Link to comment Share on other sites More sharing options...
rammygirl Posted May 22, 2015 Share Posted May 22, 2015 You now have 90 days from cancellation of a 457 visa to lodge a new visa application. Your employer must also give you notice as set out in contract first. So hopefully you should have enough time but you need to push the new employer to chase the nomination, or you can apply without getting it if you are confident it will be approved. A risk of losing the visa fee but if you are running out of time you can do this. Many people apply for the visa at the same time as the nomination, but you need to be confident the criteria are met. Link to comment Share on other sites More sharing options...
patel Posted July 16, 2015 Author Share Posted July 16, 2015 thanks for ur reply rammy girl. now i have another problem. i put rsms file on april 1st from new employer not the current 457 employer. got rcb and was waiting for the my nomination meanwhile yesterday my agent called me and said the company sponsoring me has been banned, so i called the employer and told him to withdraw my application. but he said that he will transfer me to other company and there is nothing to worry as he has three companies. just want to confirm is it possible. will it be a new file and i have to do all the visa fee expenses again, do we need to do rcb again, can we do it together in case of rsms,as i have less time in hand. do not know what to do. pls help me out. thanks Link to comment Share on other sites More sharing options...
rammygirl Posted July 17, 2015 Share Posted July 17, 2015 Sorry I think you need a good registered agent for this one. Expect to pay for advice, it is not a straightforward question and you need to give an agent all the info for them to help. Link to comment Share on other sites More sharing options...
patel Posted July 17, 2015 Author Share Posted July 17, 2015 thanks for ur reply. Link to comment Share on other sites More sharing options...
blossom Posted July 17, 2015 Share Posted July 17, 2015 Yes get an agent. Don't trust your employer that it will all be ok. He obviously doesn't know what he's doing. Link to comment Share on other sites More sharing options...
patel Posted July 17, 2015 Author Share Posted July 17, 2015 yes i will do the needful, thanks for ur reply Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 17, 2015 Share Posted July 17, 2015 If it was me, I'd also have doubts about joining an employer who has done something that caused them to be banned from sponsoring. Link to comment Share on other sites More sharing options...
patel Posted August 20, 2015 Author Share Posted August 20, 2015 i have already withdrawn the rsms file and i have 3 months to find another sponsor as 457 i was on is ceased. now can i go back to students taking a bachelor in business. as i have done cert 4, diploma, adv diploma in business and then got 457 as business manager. so can i go back to students with a bachelor degree. pls suggest because finding a sponsor is not that easy and i dont want to get into any fraud sponsor like the one before. thanks in advance to all Link to comment Share on other sites More sharing options...
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