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Kezzles

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Hi everyone

 

i have been been told by my employer that I need to find another job, they sponsored me in May 2015. My Aussie partner and I are planning to go down partner visa route. I've just started job search for another employer to transfer my 457 (best case scenario) My question is if I do get my 457 cancelled I would go to Bve which means no work rights. If I lose my job, lodge partner visa can I still search for another sponsor within 90 days or will lodging 820 visa cancel out trying to obtain new sponsor?

thx

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Hi Kezzles -

 

Lodging an 820/801 would not cancel out your 457 visa, however would be important to lodge the 820/801 application while still holding a valid 457 to avoid Schedule 3 issues. Assuming you did that and later after the 820/801 was lodged DIBP cancelled your 457, it would also automatically cancel the BVA you would have from the 820/801 lodgment leaving you with no visa, however you can then go to DIBP and get a BVE to remain in Australia until a decision on the 820/801. If you are holding 457 and granted 820, the 820 will replace the 457 and your sponsorship work restriction (condition 8107) would end upon grant of the 820.

 

Hope this helps -

 

Best,

 

Mark Northam

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Hi Kezzles -

 

Lodging an 820/801 would not cancel out your 457 visa, however would be important to lodge the 820/801 application while still holding a valid 457 to avoid Schedule 3 issues. Assuming you did that and later after the 820/801 was lodged DIBP cancelled your 457, it would also automatically cancel the BVA you would have from the 820/801 lodgment leaving you with no visa, however you can then go to DIBP and get a BVE to remain in Australia until a decision on the 820/801. If you are holding 457 and granted 820, the 820 will replace the 457 and your sponsorship work restriction (condition 8107) would end upon grant of the 820.

 

Hope this helps -

 

Best,

 

Mark Northam

 

thank you Mark! Could I apply for financial hardship and get bva?

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