Would I have work rights? (457 bridging to 820 bridging)

[Wombat84]

My 2-year 457 visa ran out last week. The company I work for has lodged a nomination for a new 457 and I lodged my application before Christmas, so I'm now on a BVA.

 

I have a long-term Australian boyfriend and we've lived together for over a year. So if my 457 visa gets refused for any reason we could apply for a partner visa. I would do it onshore in the 28 days before my bridging visa expired.

 

So my question is, what would my work rights be on a bridging visa when waiting for a partner visa? I understand if you go directly from a 457 visa to a partner visa you keep the same work rights on your bridging visa - i.e. can work for that one company. Does the same apply if you're applying for a partner visa from an expiring bridging visa? I've googled/looked on the immigration website but am struggling to find a straight answer so any help would be appreciated.

[Raul Senise]

My 2-year 457 visa ran out last week. The company I work for has lodged a nomination for a new 457 and I lodged my application before Christmas, so I'm now on a BVA.

 

I have a long-term Australian boyfriend and we've lived together for over a year. So if my 457 visa gets refused for any reason we could apply for a partner visa. I would do it onshore in the 28 days before my bridging visa expired.

 

Lodging within the 28 day window is not the only issue as other schedule 3 criteria will need to be met.

 

I understand if you go directly from a 457 visa to a partner visa you keep the same work rights on your bridging visa - i.e. can work for that one company.

 

This is not correct.

 

Does the same apply if you're applying for a partner visa from an expiring bridging visa?

 

This could depend on factors such as if the previous visa was refused and the timing of your application.

 

 

I've googled/looked on the immigration website but am struggling to find a straight answer so any help would be appreciated.

 

Considering that the lodgement fee for a partner visa is approximately $7,000 and that refusal rates for partner visas are increasing, you should probably not be relying on google for your visa future.

[Wombat84]

Thank you so much for that helpful response Raul. Instead of "This is not correct" do you have any useful insights as well?

 

I'm well aware of the costs for partner visas, as well as the fact there are multiple criteria to be met, so of course I won't be "relying on google for my visa future". Since it's currently a "just in case" scenario I thought Google, the government's Partner Visa Immigration page and Pomsinoz would be good places to START identifying what my options are.

[MaggieMay24]

Applying for a partner visa from a bridging visa has a lot of issues to deal with, so you should speak with a migration agent if you find yourself in that situation. If you go directly from a 457 to an 820 visa (i.e. after the 820 visa is granted), you have unrestricted work rights.

[Raul Senise]

Thank you so much for that helpful response Raul. Instead of "This is not correct" do you have any useful insights as well?

 

I'm well aware of the costs for partner visas, as well as the fact there are multiple criteria to be met, so of course I won't be "relying on google for my visa future". Since it's currently a "just in case" scenario I thought Google, the government's Partner Visa Immigration page and Pomsinoz would be good places to START identifying what my options are.

 

My answers at times are short, as I am quite busy and do not always have time to write up detailed responses explaining all of the necessary Regulations. Other will no doubt shed more light on it for you.

 

The purpose of my response was to highlight that some of your information thus far is incorrect, to save you possible problems and costs in the future.

 

The main issue you should be concerning yourself with is applying for a Partner Visa from a bridging visa. From the basic information you have posted this seems to be a serious flaw in your possible plans as the 28 days issue is not the only thing you need to deal with.

[AJ]

Thank you so much for that helpful response Raul. Instead of "This is not correct" do you have any useful insights as well?

 

I'm well aware of the costs for partner visas, as well as the fact there are multiple criteria to be met, so of course I won't be "relying on google for my visa future". Since it's currently a "just in case" scenario I thought Google, the government's Partner Visa Immigration page and Pomsinoz would be good places to START identifying what my options are.

and how about saying thanks for some free advice from a Migration Agent!

[Wombat84]

My answers at times are short, as I am quite busy and do not always have time to write up detailed responses explaining all of the necessary Regulations. Other will no doubt shed more light on it for you.

 

The purpose of my response was to highlight that some of your information thus far is incorrect, to save you possible problems and costs in the future.

 

The main issue you should be concerning yourself with is applying for a Partner Visa from a bridging visa. From the basic information you have posted this seems to be a serious flaw in your possible plans as the 28 days issue is not the only thing you need to deal with.

 

Thank you. My 457 visa *should* be fine but I'm just looking at this as a potential back-up. If it does get refused the very first thing I'll be doing is going to a migration agent. There's clearly a lot of different things to think about.