Footylad Posted December 14, 2016 Share Posted December 14, 2016 Hey guys, Any help greatly appreciated... My 457 expires end of January 2017 and I am unsure if I can get another sponsor in time although I am actively looking and having interviews. If I have not lodged anything before the visa expires will I get 60 or 90 days to leave or is there anyway of getting a bridging visa to give me more time to finalise with a new employer? Thanks in advance....stressful times! Quote Link to comment Share on other sites More sharing options...
Quoll Posted December 14, 2016 Share Posted December 14, 2016 You only get a bridging visa when you have applied for another. If you don't have another to bridge to then you will have to leave, you can't bridge to nothing. You get 60 days to leave now. Don't forget that your current 457 employer is responsible for paying your fare back. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 14, 2016 Share Posted December 14, 2016 If you are still working for the sponsoring company, then they can simply get another 4 year visa. If you stop working for them, your 60 days starts as soon as you stop work. If your visa runs out while you are working, you will need to stop working and the 60 days starts. If you obtain another sponsor before the 60 days, a bridging visa may be available. I would recommend you plan for both eventualities, including that you may have to return. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 14, 2016 Share Posted December 14, 2016 If you are in Australia without a valid visa, then you are here illegally. You have until the last day of your 457 to either lodge another visa application (in which case a bridging visa would be issued) or you must leave the country. Quote Link to comment Share on other sites More sharing options...
Bungo Posted December 14, 2016 Share Posted December 14, 2016 Hey guys, Any help greatly appreciated... My 457 expires end of January 2017 and I am unsure if I can get another sponsor in time although I am actively looking and having interviews. If I have not lodged anything before the visa expires will I get 60 or 90 days to leave or is there anyway of getting a bridging visa to give me more time to finalise with a new employer? Thanks in advance....stressful times! If it expires it expires, you must lodge another visa application or leave by the expiry date. You do not get expiry plus 60 or 90 days. The 60 or 90 days you may have read about refers to notice of cancellation. There is no notice to expiry, this is clear from the outset. Quote Link to comment Share on other sites More sharing options...
Footylad Posted December 15, 2016 Author Share Posted December 15, 2016 Thanks for your responses guys. If I get to 2days before my visa expires and I still have not luck in finding a sponsor, would you agree it would be best to get my current employer to cancel my contract with the company which would end my 457 and then give me 60days to get another sponsor locked in? Would I have to leave the country? Thanks again..... Been here for over 7 years, 2 young kids born here, wife has a small business and I still have one foot on the plane...what a joke. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 15, 2016 Share Posted December 15, 2016 Thanks for your responses guys. If I get to 2days before my visa expires and I still have not luck in finding a sponsor, would you agree it would be best to get my current employer to cancel my contract with the company which would end my 457 and then give me 60days to get another sponsor locked in? Would I have to leave the country? Thanks again..... Been here for over 7 years, 2 young kids born here, wife has a small business and I still have one foot on the plane...what a joke. I would strongly suggest you make an appointment with a good registered migration agent ASAP to look at options and I would do it sooner rather than later as options can decrease with time. I would also suggest you need to think long term. At the moment you are going to rely on any future employer also being willing to later sponsor PR and this is a high risk strategy, particularly as there is no way of guaranteeing they will ever do so - employers can simply change there mind and even if it is in the contract, it is not enforceable - I have worked in more than one company that has changed its policy to the detriment of current 457 holders. Also the rues on doing so the rules may change / tighten - very possible. If you do go for another 457, you should treat it for what it says on the tin. A temporary visa which has the expectation you will leave at the end of the visa duration. There are a number of excellent agents who are members of the forum. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 15, 2016 Share Posted December 15, 2016 If I get to 2days before my visa expires and I still have not luck in finding a sponsor, would you agree it would be best to get my current employer to cancel my contract with the company which would end my 457 and then give me 60days to get another sponsor locked in? Would I have to leave the country? The 60 days only applies while your visa is still valid. If you have your employer cancel your contract 2 days before your 457 expires, it won't change the fact that you need a valid visa to remain in Australia beyond the expiry date. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted December 15, 2016 Share Posted December 15, 2016 Thanks for your responses guys. If I get to 2days before my visa expires and I still have not luck in finding a sponsor, would you agree it would be best to get my current employer to cancel my contract with the company which would end my 457 and then give me 60days to get another sponsor locked in? Would I have to leave the country? Thanks again..... This is not how it works. You must either leave the county or apply for another visa before your visa expires. From your posts so far, it is clear that you are very confused and do not understand how the visa system works. Do yourself a favour and obtain some professional advice before you make a mistake and become unlawful. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted December 16, 2016 Share Posted December 16, 2016 This is not how it works. You must either leave the county or apply for another visa before your visa expires. From your posts so far, it is clear that you are very confused and do not understand how the visa system works. Do yourself a favour and obtain some professional advice before you make a mistake and become unlawful. +1 Best regards. Quote Link to comment Share on other sites More sharing options...
Bungo Posted December 16, 2016 Share Posted December 16, 2016 Thanks for your responses guys. If I get to 2days before my visa expires and I still have not luck in finding a sponsor, would you agree it would be best to get my current employer to cancel my contract with the company which would end my 457 and then give me 60days to get another sponsor locked in? Would I have to leave the country? Thanks again..... Been here for over 7 years, 2 young kids born here, wife has a small business and I still have one foot on the plane...what a joke. No I would not agree because it won't play out like that. If you or your employer inform immigration that your employment has ended, they will immediately see that the visa expires in two days anyway and would just let it happen. They are certainly not going to give you what would effectively be a 60 day extension. With the Christmas holidays coming up, no sponsor in sight and a visa expiring in January, you really do need some urgent professional assistance to see if there are any other options to consider, but you really have left this very late and perhaps you are not appreciating the gravity of the situation. Have you even started to look into moving back to the UK, because right now that looks to be a very real possibility. As an afterthought, your current employer is happy to see you go in January? Have they already give you redundancy notice? Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 16, 2016 Share Posted December 16, 2016 As an afterthought, your current employer is happy to see you go in January? Have they already give you redundancy notice?I've never seen this tested, but I've wondered in the past if it's up to the employer to offer redundancy. Perhaps they can take the stance that the position is still available and it's up to the employee to maintain legal status to be able to work in Australia. If it was a showdown, I'm not sure if it's up to the employer to offer redundancy or the employee to resign. This would be a question for Fair Work I guess. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 16, 2016 Share Posted December 16, 2016 I've never seen this tested, but I've wondered in the past if it's up to the employer to offer redundancy. Perhaps they can take the stance that the position is still available and it's up to the employee to maintain legal status to be able to work in Australia. If it was a showdown, I'm not sure if it's up to the employer to offer redundancy or the employee to resign. This would be a question for Fair Work I guess. The last 457 that one of my clients took to 'Fair Work' for unpaid wages, super and tax and various verbal abuses, for which I would expect to be barred if I wrote them here, fell in a heap when the director deregistered the ABN holding company and deprived the tribunal of jurisdiction. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 16, 2016 Share Posted December 16, 2016 +1 Best regards. +2 Repatriation by an employer must be applied for before the 457 is cancelled. Quote Link to comment Share on other sites More sharing options...
AJ Posted December 17, 2016 Share Posted December 17, 2016 Thanks for your responses guys. Been here for over 7 years, 2 young kids born here, wife has a small business and I still have one foot on the plane...what a joke. so why have t you gone for PR in that 7 years? Quote Link to comment Share on other sites More sharing options...
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