Jump to content

I'm very confused & in need of help


Harrison Edwards

Recommended Posts

I'm going to try and make this as short as possible!

 

Every time I call Immigration, as you all know... I speak to someone different and have to start the story all over again. Each employee has a different outcome to the point where I don't know the truth or which one actually knows what they're talking about.

 

I was on a 4yr 457 sponsored work visa - applied for 820 DeFacto Visa with partner - Quit job I was sponsored in because I couldn't handle the pressure/stress/50/60 hour weeks any longer - Went to New Zealand in September - Returned yesterday. Almost 6 months overseas.

 

Here we go... 3 months after you leave a 457 sponsor, your visa supposedly gets cancelled. Which would mean my 457 would have been cancelled 2 months ago. I'm not sure if this is the same when you've already applied for PR with your partner?

 

Once we applied for the 820, I got an automatic Bridging Visa Granted email which "is not in effect because your Temporary Business Entry visa is currently in effect"... So, is this bridging visa now in effect as my 457 got cancelled? Am I unlawful?

I've received no emails regarding anything.

 

Going through customs yesterday, they scanned my passport, didn't ask any questions or have any queries.. stamped it and let me straight back in. Surely this means I'm on some sort of visa? Otherwise they would have seem my 457 was cancelled and wouldn't have let me in?

 

Am I still on a 457 without a job? Am I unlawful? Do I have any right to work?? What the hell do I do!

 

Thanks

Edited by Harrison Edwards
Link to comment
Share on other sites

You really should give a decent migratiom agent a call

Stop calling immigration as they are not there to give advice. You really need to sort out cancelling your 457 as this is long overdue but given its been 6 months since you left your job there could be issues. An agent can advise you

Any on here would be a good place to start.

Link to comment
Share on other sites

Who are the well known forum agents?

 

Any of these three would be a good place to start. Keep in mind you may need to pay an agent to help you with your case, depending on how it goes.

@Raul Senise http://www.pomsinoz.com/forum/members/33932.html

@Alan Collett http://www.pomsinoz.com/forum/members/8471.html

@wrussell http://www.pomsinoz.com/forum/members/24475.html

Link to comment
Share on other sites

Maybe message one of the agents that contribute to this forum?

 

I'm not sure if it is your responsibility to inform DIBP or your previous employers.

Your employer is suposed to do it, but its in your own interests to do it as well, because as you aren't in the job any more you should not be holding a 457.

Link to comment
Share on other sites

I'm going to try and make this as short as possible!

 

Every time I call Immigration, as you all know... I speak to someone different and have to start the story all over again. Each employee has a different outcome to the point where I don't know the truth or which one actually knows what they're talking about.

 

I was on a 4yr 457 sponsored work visa - applied for 820 DeFacto Visa with partner - Quit job I was sponsored in because I couldn't handle the pressure/stress/50/60 hour weeks any longer - Went to New Zealand in September - Returned yesterday. Almost 6 months overseas.

 

Here we go... 3 months after you leave a 457 sponsor, your visa supposedly gets cancelled.

 

This is a common misconception, but not true. It is a condition of your visa that you must be employed by your sponsor. If you are not, you have 90 days to make other suitable visa arrangement, or leave the country.

 

The cancellation is not automatic. Firstly, your employer needs to notify the Immigration Department that you are no longer employed. Then the Immigration Department takes the necessary steps to regularise your visa. This can sometimes take a lot longer than 3 months.

 

 

Just checked.... apparently my 457 is still in effect?

 

I resigned from my workplace almost 6 months ago!?

 

If your ex employer has not notified Immigration they will not know to cancel your visa.

 

Your planing was not ideal and you are now in a difficult situation.

 

You can request for your 457 to be cancelled. Once your 457 visa gets cancelled, your bridging visa A will also get cancelled as the two are linked. This will technically make you unlawful and you will be issued with a Bridging Visa E. This visa has no work rights and you can not travel or even apply for a bridging visa B for travel. You must remain in Australia until you have a decision on the partner application. You can apply for work rights, but it is discretionary.

 

When does your 457 actually expire?

 

This is a situation where some proper advice and forward planning would have been helpful.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...