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Swapping from a Defacto 820 visa to a working 457 visa - ADVICE NEEDED ASAP PLEASE:)


pommiewake

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Hey Guys!

 

I'm currently on a Bridging visa A and waiting for the first part of my defacto 820 visa to be approved. This could be any time between now and February 2016. However, recently my relationship has started to breakdown and I feel that the defacto visa is putting a huge amount of pressure on the relationship as it means we can't take a break from each other or tell anyone that we are having problems. My work have offered to sponsor me on a 457 visa, which will be a massive relief as it means i can split from my partner if i need to or just take a break away from him and still stay in Aus.

 

Does anyone have ANY advice or know how i would proceed with changing from the defacto to the 457?? I've found loads of posts about going from 457 to defacto but not the other way around. I know i won't get my money back from the defacto, i don't even care, i just want to be stay here with the hope of sorting this out without the visa pressure sitting over our heads.

 

HELP PLEASE :)

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You probably haven't found much on it because it's not a common approach taken by visa applicants, but it could certainly be done. You simply apply for the 457 visa and once approved it would replace the Bridging Visa. If you do split with your partner, you are obligated to notify DIBP and withdraw the 820 application. As you've said, you would not get a refund. If you then resume your relationship and apply again for the 820, you would need to address the break in your relationship of course.

 

Hopefully you and your partner are able to sort through the issues so you can eventually get the PR visa together.

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Hey Guys!

 

I'm currently on a Bridging visa A and waiting for the first part of my defacto 820 visa to be approved. This could be any time between now and February 2016. However, recently my relationship has started to breakdown and I feel that the defacto visa is putting a huge amount of pressure on the relationship as it means we can't take a break from each other or tell anyone that we are having problems. My work have offered to sponsor me on a 457 visa, which will be a massive relief as it means i can split from my partner if i need to or just take a break away from him and still stay in Aus.

 

Does anyone have ANY advice or know how i would proceed with changing from the defacto to the 457?? I've found loads of posts about going from 457 to defacto but not the other way around. I know i won't get my money back from the defacto, i don't even care, i just want to be stay here with the hope of sorting this out without the visa pressure sitting over our heads.

 

HELP PLEASE :)

You do realise the 820 leads to PR and the 457 doesn't?

 

You're allowed tohave problems while applying and while on the 820, most couples do. As long as you are working things out and still hope to stay together you can even live apart for a while, as long as you can show you are still in touch and working things through - appointments with a counsellor, even statements from friends who are helping you.

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You probably haven't found much on it because it's not a common approach taken by visa applicants, but it could certainly be done. You simply apply for the 457 visa and once approved it would replace the Bridging Visa. If you do split with your partner, you are obligated to notify DIBP and withdraw the 820 application. As you've said, you would not get a refund. If you then resume your relationship and apply again for the 820, you would need to address the break in your relationship of course.

 

Hopefully you and your partner are able to sort through the issues so you can eventually get the PR visa together.

 

Don't they need to withdraw the 820 application to avoid it cancelling out another visa when its granted? Or does the bridging visa change alter that? Or something like that. I can't get my brain to quite get the train of thought in order.

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Don't they need to withdraw the 820 application to avoid it cancelling out another visa when its granted? Or does the bridging visa change alter that? Or something like that. I can't get my brain to quite get the train of thought in order.

 

Yes, if the 820 proceeded it would then replace the 457, but I assume if the OP wants to forego the 820 they would withdraw the application.

 

OP - you would also need to see if you can apply for a 457 if you're on a bridging visa. You may need to go offshore in order to do this but I'm not sure.

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Hi,

 

You would need to be offshore at the time of application and time of decision of the 457 visa, but you can be onshore whilst the company obtains its Standard Business Sponsorship (SBS), if needed, and the nomination.

 

You can hold a BVA to lodge other visa types, including a 187 or 186.

 

Joy

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Does anyone have ANY advice or know how i would proceed with changing from the defacto to the 457?? I've found loads of posts about going from 457 to defacto but not the other way around. I know i won't get my money back from the defacto, i don't even care, i just want to be stay here with the hope of sorting this out without the visa pressure sitting over our heads.

 

HELP PLEASE :)

 

It is possible but will be complicated by the fact that you are currently on a bridging visa.

 

OP - you would also need to see if you can apply for a 457 if you're on a bridging visa. You may need to go offshore in order to do this but I'm not sure.

 

An onshore application may be possible, but more complicated as additional Schedule 3 criteria (Additional criteria applicable to unlawful non-citizens and certain bridging visa holders) need to be met.

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