EmilyK Posted July 16, 2017 Share Posted July 16, 2017 Hi All, Thank you for reading this post. I'm after some advice both on the HR side and the immigration side. My employer has just put me at risk of redundancy, which seems like they're just running through the motions and it is definitely happening. My employer setup the Australian entity to sponsor me to move over, only moving in March this year. I have been in Australia just 5 months and would really like to stay! We are building a house together and to leave now would be devastating and a financial disaster. I can't believe the employer can do this so soon after me moving. Are there any differences between Australian redundancy and the uk? I'd like to negotiate a good package but having only been with the company 18 months I know statutory is likely to be very poor but I'm hoping due to the extreme circumstance they may be able to give me a bit extra. My first thought is that we could apply for a partner visa as this would mean I could find a job without sponsorship being required. My work is quite niche so I don't rate chances of finding a new sponsor in the next couple of months. My partner is australian, we have been together coming up 3 years however due to his work (his job which he quit prior to us moving to aus was based overseas on boat) we can't fulfil the 12 months living together for a defacto visa. We have evidence of his post coming to my house in Australia, photos together for the past 3 years and over 20k messages in each direction when he was working overseas. When he wasn't working he lived at my house in London (for anywhere between a week and 2 months at a time). I think whilst we can't prove the 12 months of physically living under the same roof we have a pretty strong case? I understand we can register the relationship (we are in NSW) which omit the need to live together for 12 months- does anyone have experience of this? Also, I understand you don't always get a bridging visa with working rights and rights to leave the country as needed- is there any way I could ensure this happens whilst we await the partner visa? Many thanks for your help and sorry for the super long post. Just so worried Emily Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
Guest Posted July 16, 2017 Share Posted July 16, 2017 Read part 4 of the partner visa PDF. General information. It covers the registering the relationship aspect. https://www.border.gov.au/Forms/Documents/1127.pdf If you can I would register the relationship asap. It could be you need to consider consulting a decent migration agent (any who post on here regularly would be a good starting point if you did go that route) as there could be issues re the 457 to partner visa over the possible differences of cancelling and expiring of the 457 and what this could mean should you apply for a partner visa while still on it. More to do with work rights and so on. I'd ensure you've fully researched the ins and outs to be certain and perhaps pay an agent to help you if need be. It could be there is nothing to worry about but I seem to recall people having working rights issues in the past off the back of being on a 457 and lodging a partner visa and then the job ending. Quote Link to comment Share on other sites More sharing options...
EmilyK Posted July 16, 2017 Author Share Posted July 16, 2017 Thank you so much, that's really helpful. I am concerned about the difference between a visa expiring and being cancelled so will be sure to speak to a migration agent about that. I've seen a few costs for getting a partner visa through an agent and given I'm not likely to get much of a pay out I just don't think I can do it (I've seen quotes of $4k on top of the price of the visa!) I would love to be able to do this to take some of the stress off but with no savings this is so difficult! Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Guest Posted July 16, 2017 Share Posted July 16, 2017 You sound like you are over extended with the house build and so on so yes, I can understand not wanting to use an agent for the visa application. The partner visa is pretty straightforward still atm and if you meet the requirements, easy enough to negotiate and do yourself. Many do. But it could be worthwhile seeking advice on the 457 aspect and work rights etc even if you have to pay for an agents time so you fully understand the process and possible pitfalls and can perhaps be guided in the right direction. Many agents offer a free initial consult to look over your case. Check round and see. Quote Link to comment Share on other sites More sharing options...
EmilyK Posted July 16, 2017 Author Share Posted July 16, 2017 Thank you, I will do. I certainly need some help in navigating the process but do the application by myself once I've worked out the best way. I'll push for work to include an amount to cover a migration agent- worth a try! Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Guest Posted July 16, 2017 Share Posted July 16, 2017 I doubt they'll cover that. They are obliged to pay for a flight back iirc. It could be you can negotiate a deal but often people on a 457 seem to get the minimum. It's a visa not without risks as you are alas finding out. Quote Link to comment Share on other sites More sharing options...
barker Posted July 16, 2017 Share Posted July 16, 2017 Register the relationship ASAP. Get all your other paperwork together ASAP, have a look at the document checklist for that visa. And take a deep breath and don't stress too much. This will save you lots of headache down the road. If you apply for a partner visa and your 457 is cancelled/expires (assuming the employer even reports it) you'll have a bridging visa to fall back on. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 16, 2017 Share Posted July 16, 2017 27 minutes ago, barker said: Register the relationship ASAP. Get all your other paperwork together ASAP, have a look at the document checklist for that visa. And take a deep breath and don't stress too much. This will save you lots of headache down the road. If you apply for a partner visa and your 457 is cancelled/expires (assuming the employer even reports it) you'll have a bridging visa to fall back on. I agree, register the relationship asap if at all possible in the OPs state, and start pulling paperwork together. Howeveri f they apply for a partner visa whilst the 457 is still in place, then they will not go onto a Bridging Visa until the 457 expires (note, that means the term of the 457 expires). That Bridging Visa then carries full working rights. If the 457 is cancelled however (which is what would happen if they were made redundant (no job = no visa) then the situation is less clear cut and there is a risk of the OP becoming unlawful, so professional advice would be a good idea. 1 Quote Link to comment Share on other sites More sharing options...
EmilyK Posted July 16, 2017 Author Share Posted July 16, 2017 Register the relationship ASAP. Get all your other paperwork together ASAP, have a look at the document checklist for that visa. And take a deep breath and don't stress too much. This will save you lots of headache down the road. If you apply for a partner visa and your 457 is cancelled/expires (assuming the employer even reports it) you'll have a bridging visa to fall back on. Thank you. That sounds like a really good idea, will get that bit sorted this week. The deep breath and not to stress too much is spot on! Trying not to get manic about it all Sent using Poms in Oz mobile app Quote Link to comment Share on other sites More sharing options...
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