Redundant on 457 Visa..

[PerfectPerth]

Could someone PLEASE offer advice,

 

If made redundant on a 457 Visa (but your EOI for 189 PR Visa is lodged and you are likely to have your visa application lodged before your 457 is cancelled) woudl you be offered a bridging visa?

 

If so, what working rights does the bridging visa have? Would it mean the 457 holder have to find a role in the same position as the cancelled 457 visa?

 

Also, would the defacto/spouse on the 457 visa have working rights and still be able to continue working on a bridging visa?

 

Any help much appreciated

[MaggieMay24]

The moment you lodge your 189 visa while in Australia, you will be issued a bridging visa. The bridging visa will sit in the background while your 457 is in effect. In all likelihood, your 189 would be processed before DIBP would get around to cancelling your 457 (both you and your employer are obligated to notify DIBP when your employment ends but you then have 90 days to find another sponsor). On the off-chance that DIBP contacted you about potentially cancelling your visa, you could point out that you have a 189 application in process and they'd likely hold off doing anything to the 457 to let the 189 be processed. Until you have a 189 visa, you are still bound by the conditions of a 457 which means you can only work for a nominating employer.

 

Your partner would also get a bridging visa and the same would apply with the exception that they can work for anyone while on the 457.

[PerfectPerth]

The moment you lodge your 189 visa while in Australia, you will be issued a bridging visa. The bridging visa will sit in the background while your 457 is in effect. In all likelihood, your 189 would be processed before DIBP would get around to cancelling your 457 (both you and your employer are obligated to notify DIBP when your employment ends but you then have 90 days to find another sponsor). On the off-chance that DIBP contacted you about potentially cancelling your visa, you could point out that you have a 189 application in process and they'd likely hold off doing anything to the 457 to let the 189 be processed. Until you have a 189 visa, you are still bound by the conditions of a 457 which means you can only work for a nominating employer.

 

Your partner would also get a bridging visa and the same would apply with the exception that they can work for anyone while on the 457.

 

 

Hi MaggieMay24

 

Thank you for much for the response I really appreciate it. So effectively, my partner (main 457 holder) will be unable to work unless we find a new sponsor? This is highly unlikely which means he will be unable to actually work until our PR visa is granted?

 

But you say that I (defacto on his 457 visa) can continue to work with my current employer as long as a bridging visa is in place?

 

Could I ask - are bridging visas automatically granted? If so, If our 457 visa is cancelled after the bridging visa is automaticaly granted, do we need to advice DIBP or is it all automatic?

 

Sorry for all the questions, I would really appreciate any answers you have!