Pasty Posted May 13, 2015 Share Posted May 13, 2015 Hi all My wife has successfully submitted a subclass 190 State Nominated (WA) PR application, and I duly received email notification that I had been issued a BVA pending outcome of that application. I was made redundant back in February from my 457 sponsored job, but have not received the expected "Notice of Intention to Consider Cancellation" with regard to that visa, presumably because the PR application has been made. However I need to know when my BVA will come into force as there is reasonable chance I would need to do an overseas trip between now and whenever (sometime in July...?) the PR is granted, and I would need a BVB to permit re-entry to Australia if the BVA were in force, but not if the 457 had not been cancelled. Granted - not the most worrisome set of circumstances, but finding the answer (on hold to Immi for 90 mins so far) proving frustrating. Thanks for any help. Pasty Link to comment Share on other sites More sharing options...
websie Posted May 13, 2015 Share Posted May 13, 2015 Hi all My wife has successfully submitted a subclass 190 State Nominated (WA) PR application, and I duly received email notification that I had been issued a BVA pending outcome of that application. I was made redundant back in February from my 457 sponsored job, but have not received the expected "Notice of Intention to Consider Cancellation" with regard to that visa, presumably because the PR application has been made. However I need to know when my BVA will come into force as there is reasonable chance I would need to do an overseas trip between now and whenever (sometime in July...?) the PR is granted, and I would need a BVB to permit re-entry to Australia if the BVA were in force, but not if the 457 had not been cancelled. Granted - not the most worrisome set of circumstances, but finding the answer (on hold to Immi for 90 mins so far) proving frustrating. Thanks for any help. Pasty If you check VEVO it will confirm which visa is currently active. Mine also shows travel rights etc. Link to comment Share on other sites More sharing options...
Pasty Posted May 13, 2015 Author Share Posted May 13, 2015 Hi Websie I tried VEVO but it wouldn't accept my details for my BVA (maybe because it's not an "active" visa...?). I didn't then bother putting in details for my 457, as I my on-hold call to Immigration Dept was finally answered, and they provided some very interesting information! 1. While application for my PR 190 visa is being processed, and until final decision is made, my 457 REMAINS IN FORCE 2. The clunky reason is that there has to be a "substantive" visa, such as the 457, still in effect, from which "to bridge" to the potential 190, if successful. 3. Somewhat bizarrely, if the 457 were cancelled, that action would automatically cancel the BVA! 4. One useful implication is if the PR application is rejected (including I assume exhausting all appeals processes), then my ex-employer is still obliged to pay for relocation. 5. Immigration confirmed that I don't need BVB to travel from and return to Australia during the 190 application process. 6. I asked if this information was anywhere on Immigration website - answer was no. Hope this helps others out their in some way. Cheers Pasty Link to comment Share on other sites More sharing options...
Bungo Posted May 13, 2015 Share Posted May 13, 2015 Hi Websie I tried VEVO but it wouldn't accept my details for my BVA (maybe because it's not an "active" visa...?). I didn't then bother putting in details for my 457, as I my on-hold call to Immigration Dept was finally answered, and they provided some very interesting information! 1. While application for my PR 190 visa is being processed, and until final decision is made, my 457 REMAINS IN FORCE 2. The clunky reason is that there has to be a "substantive" visa, such as the 457, still in effect, from which "to bridge" to the potential 190, if successful. 3. Somewhat bizarrely, if the 457 were cancelled, that action would automatically cancel the BVA! 4. One useful implication is if the PR application is rejected (including I assume exhausting all appeals processes), then my ex-employer is still obliged to pay for relocation. 5. Immigration confirmed that I don't need BVB to travel from and return to Australia during the 190 application process. 6. I asked if this information was anywhere on Immigration website - answer was no. Hope this helps others out their in some way. Cheers Pasty You are very lucky that someone has decided you can stay on the 457 visa until the 190 is decided. This is not going to be on the immigration website as it looks like an individual decision. The rest of what you have said makes sense considering you are still on the 457 and would be no surprise to anyone that is familiar with the immigration website. The main reason you are very lucky is that if your 457 is cancelled there would be no bridging visa A, it would be bridging visa E, which comes with no work or travel rights, you could apply to get work restrictions lifted, but you would not be able to come back to Australia if you left (until you get the 190). Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 13, 2015 Share Posted May 13, 2015 DIBP has given you correct information. I'd stop short of saying they have confirmed they will not cancel your 457 though, but instead I think what they refer to in #1 is that you must comply with the conditions of your 457 visa until the 190 is granted. So this means you can only work for a nominating employer and your BVA is still not in effect. It's possible (probably unlikely though) that you could be issued a notice of intention to cancel your visa if you've passed the 90 days since leaving your former employer. From what I've heard, if this happened you could notify DIBP that you have a 190 visa application pending and you'd request that they hold off cancelling the 457 so the 190 visa could be finalised - they'd typically be fine with this. Link to comment Share on other sites More sharing options...
Pasty Posted May 13, 2015 Author Share Posted May 13, 2015 Hi MaggieMay24 I had no illusions about a white knight 457 sponsor emerging that's for sure - "living off savings" until I get a new job in Australia, which means after I get PR; certainly a gamble, but looking for jobs overseas too. I was really trying to get definitive advice on exactly what visa would be covering me between now and a PR decision if I needed to travel overseas while the PR application process was in hand. My ex-employer, advised by one of the biggest consultancies in this field, was simply telling me to expect my 457 to be cancelled, and that they would consequently have zero responsibilities for me, 90 days after the date of my redundancy. They were aware of the PR application process. They certainly didn't expect (nor did I suspect until the non-appearance of the Notice of Intention to Consider Cancellation) that the 457 would remain fully in effect for the duration of the PR application process. If this experience I've had so far is the norm for those attempting to transition from 457 to 190 PR, whilst still within the 90 day post redundancy period I am just surprised those professional advisors hadn't advised my ex-employer to that effect. Immigration directly told me that they would not cancel the 457 visa until the PR application had run its course, but we haven't been allocated a Case Officer yet to have proper discussion, so I will be closely monitoring my inbox to see if one does materialise soon after the 90 day mark is passed this week. Cheers Pasty Link to comment Share on other sites More sharing options...
Pasty Posted May 13, 2015 Author Share Posted May 13, 2015 Hi Bungo I could be a lucky individual - that would be a rare silver lining over the last 3 months! However Immigration sounded very matter of fact about both the 457 and BVA co-existing, and as mentioned in another post, I haven't yet been allocated a Case Officer to (presumably) start considering the individual circumstances of the PR 190 application. I was just wanting to get some totally nailed down certainty about movement rights out/in the country, knew the BVA didn't give that, but also knew the BVA while granted, was not actually in effect. I was confused - if the 90 day period was set in stone and applied to me, why couldn't that notification simply state a date when it would come into effect?! Cheers Pasty Link to comment Share on other sites More sharing options...
Raul Senise Posted May 13, 2015 Share Posted May 13, 2015 Unless you spoke directly to someone who was in the Monitoring unit, I would not necessarily rely on the information about traveling on your subclass 457 after you have left your sponsor. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.