OnShore Partner Visa - Your Experience? Timeframes?

[watson150]

Hi Everyone,

 

Quick run down - Been in Australia for over 7 years on 457 visa, made redundant on December 1st 2014.

Been with husband for 4.5years - Married in September 2014 (17mths) - He is an Australian Citizen Born and bred!

I am originally from the UK.

 

Applied, submitted and paid for Partner Visa on February 2nd. Attached all necessary documents, completed and passed health assessment etc.

 

My questions to you are, and although their website has guidelines, I am interested to learn of people's actual experience if possible:

 

1) How long did it take your application to be assigned to a Case Worker?

 

2) Has the 'Permanent' part of the Partner visa ever been given quicker than the stated 2 Years?

 

Thanks heaps in advance everyone!

[pommekate]

I did get permanent part of the visa immediately. I had been in Australia for 4 years and had a newborn baby with my aussie other half when I applied. This was 10 years ago, I submitted my application by hand in parramatta and they said could I go back in 3 weeks for an interview with my partner. They didn't really ask any questions they just looked through my application and all the documents.

Just out of interest what visa have you been on since your redundancy? Wouldn't your 457 be voided since 2014. Please excuse my ignorance.

[watson150]

Hi Pommekate,

 

Sorry the date I was made redundant was December 2015 not 2014. My 457 visa has a 90day period to allow me to either find another sponsor, or leave Australia. Upon this 90 day period expiring, then my Bridging Visa will come into effect whilst my Partner visa is being processed.

 

I was hoping that being a full working tax payer on my own merit for the last 7 years would have helped my application. But processing visas has probably changed alot in 10 years.

[robfromdublin]

Maybe they meant they were made redundant on December 1st 2015? In that case they would still have been within the 90 day period that 457s have before they have to leave the country.

 

My partner visa took 14 months but there is another thread with a long list of timeframes on it that would give a better idea. My understanding is that you only go straight to PR in the event of kids being involved (or some other important reason, such as being a full-time carer for your partner maybe). If it's just the two of you then it's more likely you'll be temporary for a while. Unlike most other temporrary visas, though, you are treated pretty much like PR on the temporary partner visa.

[Nemesis]

Hi Everyone,

 

Quick run down - Been in Australia for over 7 years on 457 visa, made redundant on December 1st 2014.

Been with husband for 4.5years - Married in September 2014 (17mths) - He is an Australian Citizen Born and bred!

I am originally from the UK.

 

Applied, submitted and paid for Partner Visa on February 2nd. Attached all necessary documents, completed and passed health assessment etc.

 

My questions to you are, and although their website has guidelines, I am interested to learn of people's actual experience if possible:

 

1) How long did it take your application to be assigned to a Case Worker?

 

2) Has the 'Permanent' part of the Partner visa ever been given quicker than the stated 2 Years?

 

Thanks heaps in advance everyone!

If you have been with your husband 4.5 years you will get PR straight way,no need for the temp visa first.

 

Its 3 years without kids, 2 years wih kids.

[MaggieMay24]

If you provide evidence of being de facto/married for at least 3 years, you'd get the PR visa immediately. If you were simply dating before getting married, then you'd get the temporary visa first and then submit more evidence after 2 more years to get the PR visa.

 

RE your 457 visa, DIBP would typically contact you to notify you that it would be cancelled due to your sponsorship ending. When you tell them you have lodged a partner visa, they would likely not cancel the 457, but it would remain in place until either it expires naturally or your 820 visa is approved. So you won't go onto the bridging visa unless your 457 was already due to expire some time before your 820 will be approved.

[watson150]

If you provide evidence of being de facto/married for at least 3 years, you'd get the PR visa immediately. If you were simply dating before getting married, then you'd get the temporary visa first and then submit more evidence after 2 more years to get the PR visa.

 

RE your 457 visa, DIBP would typically contact you to notify you that it would be cancelled due to your sponsorship ending. When you tell them you have lodged a partner visa, they would likely not cancel the 457, but it would remain in place until either it expires naturally or your 820 visa is approved. So you won't go onto the bridging visa unless your 457 was already due to expire some time before your 820 will be approved.

 

Hi MaggieMay,

 

Does this mean that the 90day expiry period is not valid? Do I need to contact immigration to cancel this so as I can have my bridging visa come into effect?

 

I need to get back into working after my redundancy and have been waiting for the 90days to finalise so as my bridging visa comes into effect? I have not received any notification from DIBP regarding the cancellation of my visa?

 

Now I am worried

[eoinmfogarty]

On a 457 for 18 months , Skillselect offer for 189 , Nov 23 2015 , 65 points, uploaded everything including police / medicals for me and spouse on Jan 05 2016 , PR granted Feb 18th,

[ramot]

Hi MaggieMay,

 

Does this mean that the 90day expiry period is not valid? Do I need to contact immigration to cancel this so as I can have my bridging visa come into effect?

 

I need to get back into working after my redundancy and have been waiting for the 90days to finalise so as my bridging visa comes into effect? I have not received any notification from DIBP regarding the cancellation of my visa?

 

Now I am worried

 

I'm no expert, but my daughter was in a similar position, she left her job on a 457 visa, had lodged for 820 partner visa, bridging visa A then to come into effect only when the original length of her 457 ceased, being cancelled doesn't count.

Ceased is the important word, so with 18months left on her visa, she actually went onto bridging visa E which is draconian.

You cannot work or leave the country on this visa.

She and partner applied for the work restrictions to be lifted due to financial hardship, and after 6-8 weeks? I really can't remember they were lifted, but she still couldn't leave the country until the 820 was issued, it took several more months. This then superseded her 457.

She couldn't go straight to PR as they hadn't been together long enough.

 

I hope this makes sense, what I have written might not be relevant but

If you are in doubt about your status best check with a M A, to be on the safe side.

[MaggieMay24]

If you cancel your 457, your bridging visa will also be granted. You'd then need to immediately apply for a Bridging Visa E since you're illegal without a visa, and the BVE doesn't come with work or travel rights. You can apply to have work rights added if you can demonstrate financial hardship and that's not guaranteed to be successful. You also lose all residency before the BVE towards citizenship. Given the issues with a BVE, you'd need to be pretty desperate. You're better off riding out the 457 and trying to find another sponsor.

[watson150]

If you cancel your 457, your bridging visa will also be granted. You'd then need to immediately apply for a Bridging Visa E since you're illegal without a visa, and the BVE doesn't come with work or travel rights. You can apply to have work rights added if you can demonstrate financial hardship and that's not guaranteed to be successful. You also lose all residency before the BVE towards citizenship. Given the issues with a BVE, you'd need to be pretty desperate. You're better off riding out the 457 and trying to find another sponsor.

 

I am a little confused with this Bridging Visa E? When submitting my Partner Visa application, I have obtained a Bridging Visa A, with no work limitations.

 

It also stated that as I had a current substantive visa, the Bridging Visa would not come into effect until this one ceases. But without finding another sponsor, then it would cease after the 90days surely?

[MaggieMay24]

I am a little confused with this Bridging Visa E? When submitting my Partner Visa application, I have obtained a Bridging Visa A, with no work limitations.

 

It also stated that as I had a current substantive visa, the Bridging Visa would not come into effect until this one ceases. But without finding another sponsor, then it would cease after the 90days surely?

 

The BVA is issued automatically when you lodge your 820 application. It links your current visa to the new application and it only activates if your current visa expires. However if your current visa is cancelled for any reason, then the bridging visa has nothing to link from and it is cancelled too which leaves you illegal. Hence you need to apply to DIBP for a BVE in order to become legal again.

 

Your current visa only expires at the end of it's term, so if you were given a 4-year 457, the 457 would only expire at the end of that 457 period. If it's cancelled due to no longer working for a nominating employer, your bridging visa A is cancelled along with it.

 

However as I said, DIBP will typically agree not to cancel a 457 if they see you have another application such as an 820 in process. But that means your 457 is still in effect, not the BVA.

[ramot]

The BVA is issued automatically when you lodge your 820 application. It links your current visa to the new application and it only activates if your current visa expires. However if your current visa is cancelled for any reason, then the bridging visa has nothing to link from and it is cancelled too which leaves you illegal. Hence you need to apply to DIBP for a BVE in order to become legal again.

 

Your current visa only expires at the end of it's term, so if you were given a 4-year 457, the 457 would only expire at the end of that 457 period. If it's cancelled due to no longer working for a nominating employer, your bridging visa A is cancelled along with it.

 

However as I said, DIBP will typically agree not to cancel a 457 if they see you have another application such as an 820 in process. But that means your 457 is still in effect, not the BVA.

 

 

This definitely didn't happen when my daughter left her 457 job, There was no choice she went on bridging visa E until her 820 was issued. She used a reputable migration agent and I am confident the agent would have pressed for your scenario with the DIBP.

once her work restrictions were lifted she could work for anyone, if DIBP did keep the 457 intact, wouldnt that limit who the op could work for?

 

I understand the op being confused, as you say Maggie, the fact that bv A is theoretically granted, it's easy to assume it will automatically come into effect.

It's because of the conditions of the 457, it does not cease until time expired, therefore canx it is irrelevant, I know it took us awhile to be convinced.

[Nemesis]

This definitely didn't happen when my daughter left her 457 job, There was no choice she went on bridging visa E until her 820 was issued. She used a reputable migration agent and I am confident the agent would have pressed for your scenario with the DIBP.

once her work restrictions were lifted she could work for anyone, if DIBP did keep the 457 intact, wouldnt that limit who the op could work for?

 

I understand the op being confused, as you say Maggie, the fact that bv A is theoretically granted, it's easy to assume it will automatically come into effect.

It's because of the conditions of the 457, it does not cease until time expired, therefore canx it is irrelevant, I know it took us awhile to be convinced.

But did she leave her job because her 457 visa had expired ? If she left her job whilst the 457 was still current then the employer has to to cancel the visa, hence the BVA would also be cancelled and she would end up on a BVE. If she had stayed in the job until the end of the 457 (usually 4 years after grant) then she shoud have automatically gone into a BVA at the end of the 4 years.

 

With the OP, if they are on a 457 they are bound by the conditions of the 457 until it expires. If they cancel it they go onto a BVE, once work rights are granted they can work anywhere.

If the 457 remains in place they must stay with the sponsoring employer until the 457 actually runs out - which as I said is usually 4 years. THEN they go onto a BVA and can work for anyone.

[watson150]

But did she leave her job because her 457 visa had expired ? If she left her job whilst the 457 was still current then the employer has to to cancel the visa, hence the BVA would also be cancelled and she would end up on a BVE. If she had stayed in the job until the end of the 457 (usually 4 years after grant) then she shoud have automatically gone into a BVA at the end of the 4 years.

 

With the OP, if they are on a 457 they are bound by the conditions of the 457 until it expires. If they cancel it they go onto a BVE, once work rights are granted they can work anywhere.

If the 457 remains in place they must stay with the sponsoring employer until the 457 actually runs out - which as I said is usually 4 years. THEN they go onto a BVA and can work for anyone.

 

Hi,

 

Just to clarify, my 457 visa was due to expire in July 2016. However, on December 1st 2015, my position with the company was made redundant, therefore putting my 457 visa into the 90 day period to find another sponsoring company or leave Australia. Which unfortunately has not been possible. That 90days ends on March 1st.

 

I submitted my application for a Partner visa as my husband and I have been together 4.5years and married for 18mths now, he is Aussie Citizen since birth. I was automatically issued a Bridging Visa A when submitted my application.

 

Any ideas on what happens when my 90day period ends and expires my 457? Does that mean my BVA will then come into effect?

[ramot]

But did she leave her job because her 457 visa had expired ? If she left her job whilst the 457 was still current then the employer has to to cancel the visa, hence the BVA would also be cancelled and she would end up on a BVE. If she had stayed in the job until the end of the 457 (usually 4 years after grant) then she shoud have automatically gone into a BVA at the end of the 4 years.

 

With the OP, if they are on a 457 they are bound by the conditions of the 457 until it expires. If they cancel it they go onto a BVE, once work rights are granted they can work anywhere.

If the 457 remains in place they must stay with the sponsoring employer until the 457 actually runs out - which as I said is usually 4 years. THEN they go onto a BVA and can work for anyone.

 

No her 457 was canx, but still had at least 18 months to run.see my post 9

Sorry if not clear, I tried to explain in my original reply to post what happened in my daughters similar circumstances.

I was replying to the suggestion that the DIBP would possibly allow the o p to stay on the 457 even if canx as another visa had been applied for.

So mentioned that it was not suggested as possible when my daughter left her 457 job with at least 18 months to run on the visa and had applied for the 820 visa before she had left her job.

 

She went on b v E as soon as her 457 was cancelled, and of course her b v A was also canx. and stayed on b v E until her 820 was granted, but did get her work rights reinstated.

 

I should have deleted most of Maggies reply to make it clear that part I was replying to was the last paragraph. sorry for any confusion

[ramot]

Hi,

 

Just to clarify, my 457 visa was due to expire in July 2016. However, on December 1st 2015, my position with the company was made redundant, therefore putting my 457 visa into the 90 day period to find another sponsoring company or leave Australia. Which unfortunately has not been possible. That 90days ends on March 1st.

 

I submitted my application for a Partner visa as my husband and I have been together 4.5years and married for 18mths now, he is Aussie Citizen since birth. I was automatically issued a Bridging Visa A when submitted my application.

 

Any ideas on what happens when my 90day period ends and expires my 457? Does that mean my BVA will then come into effect?

 

I genuinely don't know for sure, but in my daughters case, she had to stay on BV E until her 820 was granted, which took about 6 months from her 457 being canx. her 457 still had at least 18 months to run, so her 820 was granted well before it ceased.

Hope some one can more knowledgeable can help you.

Also hope I haven't confused you. Good luck

[MaggieMay24]

This definitely didn't happen when my daughter left her 457 job, There was no choice she went on bridging visa E until her 820 was issued. She used a reputable migration agent and I am confident the agent would have pressed for your scenario with the DIBP.

once her work restrictions were lifted she could work for anyone, if DIBP did keep the 457 intact, wouldnt that limit who the op could work for?

 

I understand the op being confused, as you say Maggie, the fact that bv A is theoretically granted, it's easy to assume it will automatically come into effect.

It's because of the conditions of the 457, it does not cease until time expired, therefore canx it is irrelevant, I know it took us awhile to be convinced.

 

Sounds like in your daughter's case, DIBP decided to cancel the 457 visa so she had to go onto the BVE. I've read posts that often DIBP will hold off cancelling the 457 but as you said, that leaves the visa holder with very few choices since they can only work for an employer who will sponsor them. So you may be in a better position to find work on the BVE but you have no re-entry rights if you need to leave Australia and you lose your previous time in Australia towards citizenship.

[MaggieMay24]

Hi,

 

Just to clarify, my 457 visa was due to expire in July 2016. However, on December 1st 2015, my position with the company was made redundant, therefore putting my 457 visa into the 90 day period to find another sponsoring company or leave Australia. Which unfortunately has not been possible. That 90days ends on March 1st.

 

I submitted my application for a Partner visa as my husband and I have been together 4.5years and married for 18mths now, he is Aussie Citizen since birth. I was automatically issued a Bridging Visa A when submitted my application.

 

Any ideas on what happens when my 90day period ends and expires my 457? Does that mean my BVA will then come into effect?

 

Your 457 doesn't automatically vanish at the end of the 90 day period. As I understand it, after 90 days if you don't have another sponsoring employer then DIBP may contact you about cancelling your visa and if you've already applied for another visa (e.g. 820) they typically will choose to not cancel and let you ride out the remainder of the 457. In your case since your 457 would only have another 4 months, they'd probably be even more inclined to leave your 457 alone.