Transitioning from a 457 to a partner visa

[Guest]

Hi there, 

I'm currently working on a 457 Visa that expires in April 2018. My intention in the next few months is to complete my Partner Visa 820/801 application.

However...

My work have offered to put me through the Permanent Employer Sponsored Visa program. On the surface this sounds like a great option, but it tie me to them for 3 years - a thought that fills me with a little dread because I don't particularly enjoy my company and there is a distinct possibility that I could be offered a job elsewhere.

So as I see it my options are:

1. Stick with my current employer and stick it out either for 3 years or until I can buy them out of the agreement on the following payment schedule (terminate within the 1st year - pay back 100% of costs; 2nd year 50% of costs; 3rd year 25% of costs)

2. Stick with my current employer and pay for my Partner Visa myself. I believe that this will still mean I'll have to stay at my current employer whilst on my bridging Visa, which could be anything up to 18 months. Is that correct?

3. Move to another employer with the remaining 11 months of my 457 and then apply for a Partner Visa as per option 2.

So, my question to the forum is, what would you do? What do you think my best option is? Initially I thought option 2, but now when weighing everything up I'm less certain.

Any advice would be massively appreciated, or if there's anything else I've not considered, please let me know!

thanks in advance

 

 

[robfromdublin]

Quote

a thought that fills me with a little dread because I don't particularly enjoy my company and there is a distinct possibility that I could be offered a job elsewhere.

 

Well I think you should rule out staying with them for 3 years.  If you are thinking this now, you probably won't last that long.  I'm not sure what the rules are for bridging visas from 457 so I can't advise there.  If your bridging visa ties you to your employer then I'd look at either getting the sponsorship from the employer, ditching them, then paying it back OR move with the 457 and go the partner visa route then.  Is there a substantial cost difference between the two visas?  Have you asked immigration if the new rules for 457s will affect you with a new employer?

Also, might I suggest that you don't use your real name and put your photo on a forum discussing such sensitive issues? You never know who might be on here and I'm sure you don't want anything to get back to your current employer.

[Collie]

Personally, I would go with Option 1.  Get the PR through the employer, as far as I know it is a much simpler and quicker process.  If you end up leaving, so be it, you just wear the cost or a share of it.  Get the PR, reassess the job in a year's time.

What you have left out are the costs?  How much is the employer sponsored visa?  I think a partner visa is about $7k anyway and a whole lot more hassle (prove that it's a genuine relationship etc).  Whatever you pay, if you intend to make Australia your home, it will be worth it.

Also, you don't want to leave yourself open to accusations/perceptions that you are only with your partner for a visa however false they may be.

[Ascotinaus]

On 16/05/2017 at 16:21, Collie said:

Personally, I would go with Option 1.  Get the PR through the employer, as far as I know it is a much simpler and quicker process.  If you end up leaving, so be it, you just wear the cost or a share of it.  Get the PR, reassess the job in a year's time.

Be careful with going with your employer and reassessing at a later date. I'm in a similar situation myself where I'm not too happy with my employer and don't want to tie myself in for much longer. I initially thought I could get PR then leave whenever I like. This is not true. I read from the immigration website that if you leave your employer who has sponsored your PR within the first TWO years, your visa will be cancelled. The employer must let immigration know if you cease employment. I'm not sure if that's a new rule or has always applied but I found it May 2017.

On another relevant note - I myself am looking to apply for my Partner Visa from my 457 which ends late 2018. I thought I could apply for Partner Visa, leave my employer and I would have full working rights on the bridging visa A (BVA) until a decision was made. This is also false. Your BVA is given immediately but only comes into effect when your current visa expires. If you cease employment with the 457 employer, your bridging visa will be void and you will become an unlawful citizen. You can then apply for an emergency visa but you are not given work rights.

Hope this helps a bit.. we seem to be in a very similar situation. I think stick it out with your current employer and get your partner visa submitted asap. 

 

 

[Raul Senise]

On 5/16/2017 at 08:23, Guest said:

Hi there, 

I'm currently working on a 457 Visa that expires in April 2018. My intention in the next few months is to complete my Partner Visa 820/801 application.

However...

My work have offered to put me through the Permanent Employer Sponsored Visa program. On the surface this sounds like a great option, but it tie me to them for 3 years - a thought that fills me with a little dread because I don't particularly enjoy my company and there is a distinct possibility that I could be offered a job elsewhere.

So as I see it my options are:

1. Stick with my current employer and stick it out either for 3 years or until I can buy them out of the agreement on the following payment schedule (terminate within the 1st year - pay back 100% of costs; 2nd year 50% of costs; 3rd year 25% of costs)

2. Stick with my current employer and pay for my Partner Visa myself. I believe that this will still mean I'll have to stay at my current employer whilst on my bridging Visa, which could be anything up to 18 months. Is that correct?

3. Move to another employer with the remaining 11 months of my 457 and then apply for a Partner Visa as per option 2.

So, my question to the forum is, what would you do? What do you think my best option is? Initially I thought option 2, but now when weighing everything up I'm less certain.

Any advice would be massively appreciated, or if there's anything else I've not considered, please let me know!

thanks in advance

It will really depend on your personal situation, which is only briefly described above.

If you are being sponsored for Permanent Residency via the subclass 186 employer nomination scheme, there is no visa requirement to stay with them for 3 years (although it sounds like you may have a contractual obligation which is different).

If you are being sponsored for a Regional 187 visa, then there is a 2 year visa requirement to remain with your employer.

Be mindful that partner visas can be a very long, expensive and frustrating journey at the moment.

 

[MaggieMay24]

An advantage to the employer-sponsored visa is that it's cheaper, quicker and you end up with a PR visa the moment it is granted.  If you apply for a partner visa it is much more expensive, takes longer and if you haven't been in a defacto/married relationship for at least 2 years, then you end up with a transitional visa first.  If you are given an 820 visa, you are only assessed for the 801 PR visa 2 years after your application was submitted and this second assessment can take another 12-15 months.

[Guest]

If work fills you with dread currently, how will you feel when you know you have three years still to go?

I agree with Collie, albeit it not staying the 3 years. If you can 'buy them out' it's worth much more than feeling the utter dread every night/morning.

"Personally, I would go with Option 1.  Get the PR through the employer, as far as I know it is a much simpler and quicker process.  If you end up leaving, so be it, you just wear the cost or a share of it.  Get the PR, reassess the job in a year's time. "