457, Bridging Visa and Working Rights Torment

[gridlocker1981]

I am currently on a 457 visa and was made redundant by my previous sponsor. I am currently on the 90-day period before my 457 expires. My partner and I have lodged a de facto application (she is an Australian citizen) and in making the application I was granted with a Bridging Visa with working rights.

 

I have been offered a job by a company that does not have sponsorship rights and I don't think they would want to go through the process. So today I called the Department of Immigration, assuming that I could get them to cancel my 457 and put me on the Bridging Visa I was granted whilst my de facto application is processed (which I understand is close to a year and a half). I was told that they cannot do this. Instead I have to either find a new 457 sponsor within the 90 days, or wait until the 90 days is up then go and see an Immigration Case Officer and see if they will grant me a bridging visa with working rights. The person I spoke to on the phone said it was very much on a case by case basis whether or not a bridging visa would be granted, and whether it would have working rights.

 

Just wondered if anyone has had similar experiences? The industry in which I work is pretty competitive and I think finding a new sponsor would be very hard. I really had hoped they would just cancel my 457 over the phone and let me use the bridging visa I already have, but no, she said the bridging visa I have will only come into effect if my 457 ran out naturally (i.e. after the four years).

 

Any ideas, suggestions much appreciated. I clearly don't want to find myself with either no bridging visa or a bridging visa that has no working rights..

 

Thanks in advance.

[Raul Senise]

I suggest you obtain professional advice and be cautious with advice from the Immigration Department, as it does not appear that they have told you the full implications of cancelling your 457 visa.

 

If your subclass 457 visa is cancelled, your bridging visa will also be cancelled and you will become unlawful. You will then go onto a bridging visa E with no work or travel rights. You can apply for work rights (which many or may not be granted) but you can not apply for permission to travel. This course of action will also affect your eligibility for Australian Citizenship in the future.

[gridlocker1981]

Thanks for the replay Raul, the person I spoke to said I would be contacted by the Case Officer close to the time of expiry of my 457 (90 period) and at that point I would need to go into their office to meet with a case officer to determine what bridging visa I would be issued.

[Raul Senise]

That's not how it works. If your 457 visa is cancelled, the only option to restore your lawful status is a bridging visa E. A bridging visa E does not have work rights. This must be applied for separately.

[gridlocker1981]

Does it have to be applied for after the 90-day period is up or can I put in application beforehand? Also, upon getting the Bridging Visa E, how would I go about getting working rights? Thanks

[MaggieMay24]

Unfortunately it's not unheard of for DIBP to give incorrect or incomplete information. AFAIK, the only bridging visa you could apply for would be a Bridging Visa E. the BVE comes with no work rights, but you can apply for them if you can demonstrate financial hardship. The BVE also comes with no travel rights which cannot be applied for. Also, any residency prior to a BVE is not considered for citizenship. Unless you are rather desperate, I'd avoid the BVE option at all costs.

[gridlocker1981]

Thanks Maggie, what would you suggest as a better course of action? I of course want to stay in Australia and I want working rights. My de facto application is robust and I don't see any issue with that ultimately being approved. I just don't want to find myself unable to work for up to a year or more whilst the de facto application is sorted out.

 

Is there any action I can take during this 90-day period? I would ideally like to get the 457 cancelled earlier and get myself a bridging visa with working rights straight away.

 

As for finding another 457 sponsor, I really don't think that's going to happen - there just aren't many jobs in my field.

 

Thanks

[VERYSTORMY]

You really need to get a good migration agent such as Raul above on this as there is a potential to make things much worse

[ramot]

My daughter was in the same situation a few years ago, job ended on her 457 visa but valid for 2 more years, and a partner visa applied for. She had to go on BVE there was no choice, she applied for the working rights to be reinstated due to genuine financial hardship. I can't remember how long it took, probably 2/3 months, but she could then take any job with no restrictions at all, still couldn't leave the country until her 820 came through. All good after that, now has PR.

 

Her agent had the transition organised from her 457 to BVE so as suggested it might be best to chat to an agent

Raul Senise has a good reputation.

 

Good luck.

Edited July 14, 2016 by ramot

[Guest Dcrosbyp]

Hi Gridlocker, the exact same thing has happened to me. what happened to you in the end?

 

Thanks, Crosby

[Kezzles]

hi

I am in the exact same situation as you so follwing this thread now!!