Irish83 Posted August 30, 2016 Share Posted August 30, 2016 Hey all I am hoping for some advice. I am at the applying for PR stage via employer nomination of my 457. I believe we (manger and I) have made a bit of an error in the prep for the application and not covered all the conditions to be able to get a successful application. My lawyer is being a bit vague with their advice (think they dont know the answer if im being honest) and with the costs being so high, i really dont want to take the risk and find out in 7 months that the application has been declined. I have an Australian partner and we have been together nearly 4 years. Is it possible to get my employer to cancel the 457 visa, for me to then apply for a partner visa. Would I have working rights? Thanks in advance for any help or suggestions? Link to comment Share on other sites More sharing options...
Nemesis Posted August 30, 2016 Share Posted August 30, 2016 Hey all I am hoping for some advice. I am at the applying for PR stage via employer nomination of my 457. I believe we (manger and I) have made a bit of an error in the prep for the application and not covered all the conditions to be able to get a successful application. My lawyer is being a bit vague with their advice (think they dont know the answer if im being honest) and with the costs being so high, i really dont want to take the risk and find out in 7 months that the application has been declined. I have an Australian partner and we have been together nearly 4 years. Is it possible to get my employer to cancel the 457 visa, for me to then apply for a partner visa. Would I have working rights? Thanks in advance for any help or suggestions? Apply for the partner visa before your 457 expires. Do not cancel it. If you cancel it you will be here without a substantive visa and can't apply for another one,partner or otherwise! Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 the problem is if i apply for the partner visa i stay on the terms and conditions of my current visa, the 457. I really dont want to work here anymore and going that way doesnt really resolve the issue. I was under the impression, that I have 28 days to find a new visa from the cancellation of my 457. I believe I can apply for the partner visa, however, i am afraid I may not have working rights. Link to comment Share on other sites More sharing options...
Bungo Posted August 30, 2016 Share Posted August 30, 2016 the problem is if i apply for the partner visa i stay on the terms and conditions of my current visa, the 457. I really dont want to work here anymore and going that way doesnt really resolve the issue. I was under the impression, that I have 28 days to find a new visa from the cancellation of my 457. I believe I can apply for the partner visa, however, i am afraid I may not have working rights. If you apply for the partner visa, you are still on the partner visa until the 457 expires. However if the 457 is cancelled, then you have no visa at all so you default to the bridging visa E which has no working or travel rights. You should apply for the partner visa and stay on the 457 until it is granted. If you can find another employer to take over the 457 then you could transfer, but don't cancel. Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 I found this online "Options may include a partner visa, or a student visa, etcetera. If the new visa lodged provides a bridging visa, then the visa applicant will be able to remain in Australia while processing occurs on the new visa, following the cancelation of the 457 visa" As a partner visa provides a bridging visa, u think i would get working rights? Link to comment Share on other sites More sharing options...
AJ Posted August 30, 2016 Share Posted August 30, 2016 n not going to listen! Link to comment Share on other sites More sharing options...
Bungo Posted August 30, 2016 Share Posted August 30, 2016 I found this online "Options may include a partner visa, or a student visa, etcetera. If the new visa lodged provides a bridging visa, then the visa applicant will be able to remain in Australia while processing occurs on the new visa, following the cancelation of the 457 visa" As a partner visa provides a bridging visa, u think i would get working rights? Irish have you read the above posts. If you CANCEL a visa the normal bridging visa rules do not apply. You would only default to bridging visa E which carries no work or travel rights. Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 Irish have you read the above posts. If you CANCEL a visa the normal bridging visa rules do not apply. You would only default to bridging visa E which carries no work or travel rights. Apologies for seeking clarification, i have obviously upset you! Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 30, 2016 Share Posted August 30, 2016 Apologies for seeking clarification, i have obviously upset you! Hi @Irish83 you may have thought Bungos comment was blunt but she is trying to help you. Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 Hi @Irish83 you may have thought Bungos comment was blunt but she is trying to help you. No didnt think it was blunt, thought it was rude tho - u obv did as well or u wouldnt have commented. You can help without being rude/blunt. Dont think anyone is on this forum for fun, id imagine most are or were in need of help/advice at some stage. Anyways..... if anyone has any other advice it would be greatly appreciated. Link to comment Share on other sites More sharing options...
Nemesis Posted August 30, 2016 Share Posted August 30, 2016 Apologies for seeking clarification, i have obviously upset you! Bungo is right, you can stay here but you will be on a Bridging Visa E, a very undesirable situation especially with timelines for partner visas sitting at around 12 months.u Edited to add I really can't see anything rude about the answer, its just telling it as it is. Link to comment Share on other sites More sharing options...
Bungo Posted August 30, 2016 Share Posted August 30, 2016 No didnt think it was blunt, thought it was rude tho - u obv did as well or u wouldnt have commented. You can help without being rude/blunt. Dont think anyone is on this forum for fun, id imagine most are or were in need of help/advice at some stage. Anyways..... if anyone has any other advice it would be greatly appreciated. I am sure people will be flocking to help you. I find insulting people that provide quick, free and accurate information always encourages others to chip in. It is particularly effective when new members of a forum decide to insult long standing members. Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 Bungo is right, you can stay here but you will be on a Bridging Visa E, a very undesirable situation especially with timelines for partner visas sitting at around 12 months.u Edited to add I really can't see anything rude about the answer, its just telling it as it is. cool, thanks. no worries, its my opinion. I wont be losing sleep over it. Have a nice evening Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 I am sure people will be flocking to help you. I find insulting people that provide quick, free and accurate information always encourages others to chip in. It is particularly effective when new members of a forum decide to insult long standing members. lol u cant be serious? I asked a question and upon the responses I asked a few more. Did that really need ur (IMO) rude response? To write in CAPS I would say leans towards being rude. Any how have I insulted anyone? I think cos some are considered 'long standing members', then some of these ppl feel they can reply in any tone they like and not be called out on it. if ppl think think ive been insulting to anyone, and do not want to offer advice based on that, then id be better without that advice. Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 Jesus this escalated quickly lol Any other input would be greatly appreciated Link to comment Share on other sites More sharing options...
AJ Posted August 30, 2016 Share Posted August 30, 2016 No didnt think it was blunt, thought it was rude tho - u obv did as well or u wouldnt have commented. You can help without being rude/blunt. Dont think anyone is on this forum for fun, id imagine most are or were in need of help/advice at some stage. Anyways..... if anyone has any other advice it would be greatly appreciated. I think maybe you have the wrong idea about who is being rude, pot kettle black! am sure you are going to do what you think anyway so I dont know why you bothered to ask for advice! Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 I think maybe you have the wrong idea about who is being rude, pot kettle black! am sure you are going to do what you think anyway so I dont know why you bothered to ask for advice! lol are you actually being serious?? must be a slow news night Link to comment Share on other sites More sharing options...
Marisawright Posted August 30, 2016 Share Posted August 30, 2016 No didnt think it was blunt, thought it was rude tho - u obv did as well or u wouldnt have commented. You can help without being rude/blunt. Dont think anyone is on this forum for fun, id imagine most are or were in need of help/advice at some stage. Anyways..... if anyone has any other advice it would be greatly appreciated. The advice is, apply for the partner visa now but you'll have to stick with your current employer on the 457 or you'll be up the creek. I know you may not want to stay in that job, it's tough but your alternative is to go home or not work. So you've backed yourself into a corner. If you had applied for the partner visa when you were eligible then you wouldn't have this problem. Link to comment Share on other sites More sharing options...
Irish83 Posted August 30, 2016 Author Share Posted August 30, 2016 The advice is, apply for the partner visa now but you'll have to stick with your current employer on the 457 or you'll be up the creek. I know you may not want to stay in that job, it's tough but your alternative is to go home or not work. So you've backed yourself into a corner. If you had applied for the partner visa when you were eligible then you wouldn't have this problem. Cool, thank you. The whole partner visa thing and not applying a few years ago is a long story, but anyways, thanks again. Link to comment Share on other sites More sharing options...
Sammy1 Posted August 30, 2016 Share Posted August 30, 2016 No didnt think it was blunt, thought it was rude tho - u obv did as well or u wouldnt have commented. You can help without being rude/blunt. Dont think anyone is on this forum for fun, id imagine most are or were in need of help/advice at some stage. Anyways..... if anyone has any other advice it would be greatly appreciated. Bungo was not rude, merely straightforward in trying to get you to accept and understand the visa rules. Did you read the posts above? You have been given free advice, lucky you. I think you forgot to thank someone though? Link to comment Share on other sites More sharing options...
Guest Posted August 30, 2016 Share Posted August 30, 2016 :mask: OK people, lets not get into an argument about who was rude or who wasn't. I think we can move on from that now and either offer our suggestions re the visa options or pass on by. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 30, 2016 Share Posted August 30, 2016 Jesus this escalated quickly lol Any other input would be greatly appreciated Yes it did and I think you owe a number of members an apology. These members deal with visas and questions on a regular basis. Also just a heads up but some of the members are very high up in the immigration department, some may even be a case officer. I suggest thanking members who offer you FREE advice, it isn't their fault that it may not be the information you wish to hear As your question is now answered by our valued members I will close the thread. Link to comment Share on other sites More sharing options...
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