Working for Free?

[watson150]

Hi Everyone,

 

Long story short - Have been in Australia for 7.5 years on a 457 visa. Was made redundant back on November 30. Put in application for Partner visa (married to Aussie for 2years, together for 5).

In the process of waiting for this application to be processed, have been granted a Bridging Visa which allows me to work and remain in Australia legally.

 

However - And here is where it gets tricky. My bridging visa will not come into effect until July 7th, which is the original expiry date of my 457. So, this meant having to be unemployed for 7/8 months! Ridiculous.

:mad:

 

So because of this, I took up some volunteering with Animal Shelters, charities etc. to prevent myself from going crazy at home.

 

My question is, if a Job was to come up, and it was perfect but they could not hold open the position until July, am I able to offer to work for them until July on a 'Volunteer / Free of Charge' basis, if it will secure me the position to start in July?

 

I am fed up of being out of work, and turning down ideal jobs because of this wait. And if I am able to do this, it would at least help me secure something, so that I have a job, instead of waiting until July, and then again not knowing how long it may take to find a job. It has already been 6 months out of work, we have a mortgage to pay. Its getting tight. If I have to refrain from applying until July, I could be another 6 mths out of work, which is just not do-able.

 

Any assistance with this question will be gratefully received.

 

Thank you.

[blossom]

I don't believe so. When I came over on a student visa many years ago, we could only do 20 hours a week, and it actually stipulated that voluntary work was not allowed, even for charities, above the 20 hours. It was crazy as my partner had four days a week free and the meals on wheels people were desperate for people, but he couldn't do it.

I would be checking with an agent if you are actually breaking your visa conditions by working for charities now.

[watson150]

I don't believe so. When I came over on a student visa many years ago, we could only do 20 hours a week, and it actually stipulated that voluntary work was not allowed, even for charities, above the 20 hours. It was crazy as my partner had four days a week free and the meals on wheels people were desperate for people, but he couldn't do it.

I would be checking with an agent if you are actually breaking your visa conditions by working for charities now.

 

Thanks for your response. I have only done 4 hours a week with charities. So have not gone over the 20 hours. I will have to look further into this.

[Isabelj28]

Why don't you check with Immi if there's any way for you to obtain work rights?

[blossom]

Thanks for your response. I have only done 4 hours a week with charities. So have not gone over the 20 hours. I will have to look further into this.

The 20 hours were what we were allowed to work on our visa. As far as I know you are not allowed to work for anyone other than your sponsoring employer. My point was, that voluntary work wasn't allowed over your 20 hours paid on that visa.

I'd really have a chat to an agent (not immigration, they are notorious for giving out incorrect advice and actually say on their website you should contact an agent).

There are ways to get the restrictions lifted, but you have to show hardship. How easy that would be I have no idea. I don't think it's as simple as just saying you need the money.

[Bungo]

Hi Everyone,

 

Long story short - Have been in Australia for 7.5 years on a 457 visa. Was made redundant back on November 30. Put in application for Partner visa (married to Aussie for 2years, together for 5).

In the process of waiting for this application to be processed, have been granted a Bridging Visa which allows me to work and remain in Australia legally.

 

However - And here is where it gets tricky. My bridging visa will not come into effect until July 7th, which is the original expiry date of my 457. So, this meant having to be unemployed for 7/8 months! Ridiculous.

:mad:

 

So because of this, I took up some volunteering with Animal Shelters, charities etc. to prevent myself from going crazy at home.

 

My question is, if a Job was to come up, and it was perfect but they could not hold open the position until July, am I able to offer to work for them until July on a 'Volunteer / Free of Charge' basis, if it will secure me the position to start in July?

 

I am fed up of being out of work, and turning down ideal jobs because of this wait. And if I am able to do this, it would at least help me secure something, so that I have a job, instead of waiting until July, and then again not knowing how long it may take to find a job. It has already been 6 months out of work, we have a mortgage to pay. Its getting tight. If I have to refrain from applying until July, I could be another 6 mths out of work, which is just not do-able.

 

Any assistance with this question will be gratefully received.

 

Thank you.

 

I don't believe that is how it should have worked at all. The 457 should surely have been cancelled before its original expiry date of July, they don't carry on for eight months after the job finishes. You also could be in breach of visa after 90 days of not working for employer.

 

Have you and / or employer notified immigration of you finishing work? You should have done this, got the 457 cancelled which would have put you on BVE which does not come with work or travel rights but you can apply to get the work ban lifted.

 

Anyway to your question, no you definitely cannot work free of charge. If you don't have a visa that enables work, you can't work.

[watson150]

I don't believe that is how it should have worked at all. The 457 should surely have been cancelled before its original expiry date of July, they don't carry on for eight months after the job finishes. You also could be in breach of visa after 90 days of not working for employer.

 

Have you and / or employer notified immigration of you finishing work? You should have done this, got the 457 cancelled which would have put you on BVE which does not come with work or travel rights but you can apply to get the work ban lifted.

 

Anyway to your question, no you definitely cannot work free of charge. If you don't have a visa that enables work, you can't work.

 

 

I did advise immigration that I was made redundant by my sponsor. And that I had put in an application for a Partner visa. They advise that it is 100% correct, that because I had a substantive visa, then my Bridging visa could not come into effect until that expired or my Partner visa was approved, whichever came first.

 

I am fully legal to be in the country. I have argued with immigration many times about expecting me to be out of work for 8 months, but it has not changed anything. The only thing i could do was to find another sponsor. But that is a struggle on its own, and when I did finally find someone who would sponsor me, immigration advised there was a 3 month processing wait for the transfer of sponsors. I have two months until I can work, why pay sponsor fees and process paperwork for something that takes longer?

 

All in all, I cannot work until July.

[Bungo]

I did advise immigration that I was made redundant by my sponsor. And that I had put in an application for a Partner visa. They advise that it is 100% correct, that because I had a substantive visa, then my Bridging visa could not come into effect until that expired or my Partner visa was approved, whichever came first.

 

I am fully legal to be in the country. I have argued with immigration many times about expecting me to be out of work for 8 months, but it has not changed anything. The only thing i could do was to find another sponsor. But that is a struggle on its own, and when I did finally find someone who would sponsor me, immigration advised there was a 3 month processing wait for the transfer of sponsors. I have two months until I can work, why pay sponsor fees and process paperwork for something that takes longer?

 

All in all, I cannot work until July.

 

I would go and see an agent, well actually I would have done a long time ago but you might not think it is worth it now. A 457 transfer might take three months or it might take three days, depending on various factors, shame you didn't follow that through.

 

The 457 is in breach after 90 days of not working for the employer, I cannot see how immigration Would think otherwise. Still I guess you are getting close now so as I say, maybe it isn't worth the bother, but I definitely think this is all wrong.

[Marisawright]

I did advise immigration that I was made redundant by my sponsor. And that I had put in an application for a Partner visa. They advise that it is 100% correct, that because I had a substantive visa, then my Bridging visa could not come into effect until that expired or my Partner visa was approved, whichever came first.

 

 

Strange though it may sound, immigration don't know their own rules. You'd be astonished by the number of people we've had on these forums who have followed the advice of Immigration clerks on the phone, and then found out it was completely wrong.

 

I know money is tight but a consultation with a MARA-registered agent like @wrussell would be worth the money. I also have a feeling that what you're being told isn't right.

[Isabelj28]

according to this previous post, this is exactly what happens, your exisiting visa is 'extended to allow you to stay in Australia even though you would otherwise not be allowed to on the basis of it' (because you're no longer with that employer and would normally have 90 days to find another or leave) Then the BV doesn't kick in until that existing visa expires.

 

http://www.pomsinoz.com/forum/migration-issues/207713-457-820-partner-visa-help.html