TeacherBen Posted February 9, 2016 Share Posted February 9, 2016 Hi, I have a friend who is in Australia, and came as a spouse of someone on a 457. They were applying for PR together but have split up, and she has now reapplied for PR without him on the visa. I believe he has 28 days to sort his situation (please correct me if I'm wrong) but what's the deal going forward? Can he get a bridging visa - his company are willing to sponsor him (either 457 or PR) but haven't got the ball rolling yet. What's his best course of action? Thanks in advance guys!! Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Isabelj28 Posted February 9, 2016 Share Posted February 9, 2016 He has 90 days to sort himself out, not 28. He can only get a bridging visa if he applied for another visa. Link to comment Share on other sites More sharing options...
robfromdublin Posted February 9, 2016 Share Posted February 9, 2016 His current company need to get him sorted with a 457. PR will probably take too long at this point. He could potentially apply for PR and thereby receive a bridging visa, but it may well be that the bridging visa would not have work rights. Link to comment Share on other sites More sharing options...
AJ Posted February 9, 2016 Share Posted February 9, 2016 I am reading this wrong, you said your friend was the spouse of someone on a 457 so the ex partner must have been the original visa holder so how does it affect him unless he has been laid off. Link to comment Share on other sites More sharing options...
Ken Posted February 9, 2016 Share Posted February 9, 2016 The time limit (was 28 days now 90 days) only applies from the point that a 457 visa is cancelled. Just because a couple has split up doesn't automatically cancel the visa - although if he's concerned that immi will cancel it he should talk to a MARA registered agent and get the ball rolling on whatever options he has beforehand. Link to comment Share on other sites More sharing options...
AJ Posted February 9, 2016 Share Posted February 9, 2016 I am reading this wrong, you said your friend was the spouse of someone on a 457 so the ex partner must have been the original visa holder so how does it affect him unless he has been laid off. Forget it, it was me reading it wrong Link to comment Share on other sites More sharing options...
MaggieMay24 Posted February 9, 2016 Share Posted February 9, 2016 If he was the dependent on a 457 visa and they've split up, they're obligated to notify DIBP of the relationship breakdown. DIBP would then likely cancel his visa and he'd have a period of time (I assume it's 28 days since I think 90 days only applies to the primary visa holder if they stop working for their employer) to either apply for another visa or leave the country. I'd suggest he and his employer speak with a migration agent to get the ball rolling quickly for a new visa. Link to comment Share on other sites More sharing options...
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