Changing From Partnership Visa (820) To Employer Nomination (186) Visa

[Delta1004]

Hi,

 

I was wondering whether anyone knows anything about changing from a partnership visa (820) to an employer nomination visa (186)?

 

Without going into specific details I feel my relationship is nearing its end and I am looking at my options to go back onto a bridging visa whilst my Employer Nomination visa is being processed (this was lodged a few months ago).

 

I have no extenuating circumstances with my de facto (eg. domestic violence or dependents) that would enable me to stay on a substantive visa after the breakdown of my relationship and was hoping that because my 186 visa is lodged and being processed I could go back onto a bridging visa in the interim.

 

If so which one would I apply for?

 

A bit of history - I have previously been on a Bridging Visa A whilst my Partnership Visa was awaiting approval. I then lodged my Employer Nomination visa application and changed to a Bridging Visa C which was then cancelled once my Partnership visa was approved.

 

I want to do the right thing and I'm hoping that I can just change back to a bridging visa while waiting for my 186 visa to be approved but am scared that I will be made to leave the country and potentially have my employer retract my visa nomination.

 

Any help would be greatly appreciated if anyone has any experience with similar situations.

 

Thanks

[Bungo]

If you lodge the employer sponsored visa application whilst you are still on the partner visa, a BVA will automatically be set up in the background. Unfortunately, if your partner visa is cancelled the BVA is also cancelled and you would end up with BVE which has no work or travel rights. You can apply for work rights if you are in financial hardship, but it takes time and you would certainly need to leave employment for a period of time.

 

As you are going for 186 without a 457 prior, you must have a positive skills assessment? In this case, a skilled migrant visa might have been a better option, well it would certainly have been quicker than employer sponsored. Perhaps this is something you could look into now. The other suggestion, is to see if your employer would also sponsor you for a 457 which generally processed more quickly than the 186.