457 to PR Work rights on bridging visa

[strayadreams]

Hi all,

I'm here on an Employer Sponsored 457 and have a current 190 PR application in. My current employer is restructuring the team I work in (I am already doing a slightly different job than the one I came over for but in the same profession). I was automatically given a bridging visa when the PR application was submitted but this has restricted work rights and only entitles me to work for my current employer. Whilst all this is going on I have been approached by a better and much more stable organisation who would like to employ me. I have explained my current situation to the new employer and they are happy to wait for my PR to be processed (I think they might be feeling over optimistic about processing times) but I wondered if I could apply to have the restrictions lifted from my bridging visa in order to change employer? I've looked into this a bit on DIPB etc. but there doesn't seem to be a way around the work restrictions if you are on an Employer Sponsored visa? 

[Raul Senise]

If your current subclass 457 visa has not expired then the bridging visa is not active. The new employer will need to have a subclass 457 nomination approved to transfer your current 457 visa.

[strayadreams]

Hi Raul, 

Thank you. Yes this is clear in the terms of the 457, also the Bridging Visa re-states that the terms of my substantive visa are applicable - its more a query about what would happen if I left my current employer. I don't think the new employer will apply to be an approved sponsor as I have an application for PR in at the moment. Its mainly that I would prefer to leave where I am sooner. 

[Raul Senise]

If you leave your current employer and do not transfer your current 457 to a new employer, you risk cancellation of your subclass 457 visa. If your subclass 457 visa is cancelled it will also cancel your bridging visa.

[strayadreams]

22 minutes ago, Raul Senise said:

If you leave your current employer and do not transfer your current 457 to a new employer, you risk cancellation of your subclass 457 visa. If your subclass 457 visa is cancelled it will also cancel your bridging visa.

I wouldn't start to work for the new Employer without permission, I don't think they would be keen on that! What I meant to ask was, if I hand in my notice and leave (essentially become unemployed) could I then apply for the restriction to be lifted from my bridging visa in order to work? (sounds like I risk that being cancelled all together) It seems like this may be more trouble than its worth, especially as the new employer is willing to wait. I guess it's the unknown time frame for processing which is causing the issue, its also no fun to be trapped in a job which turned out to be quite different to the one I originally accepted. Some details about the team I work with were withheld prior to my arrival...and when you're here you can't leave. 

Thanks for taking the time to respond Raul. 

[Nemesis]

5 hours ago, strayadreams said:

I wouldn't start to work for the new Employer without permission, I don't think they would be keen on that! What I meant to ask was, if I hand in my notice and leave (essentially become unemployed) could I then apply for the restriction to be lifted from my bridging visa in order to work? (sounds like I risk that being cancelled all together) It seems like this may be more trouble than its worth, especially as the new employer is willing to wait. I guess it's the unknown time frame for processing which is causing the issue, its also no fun to be trapped in a job which turned out to be quite different to the one I originally accepted. Some details about the team I work with were withheld prior to my arrival...and when you're here you can't leave. 

Thanks for taking the time to respond Raul. 

You would no longer have a bridging visa - if you leave your current emploer, without a new 457 and employer to go to, then your 457 is cancelled. And the bridging visa along with it. 

[MaggieMay24]

20 hours ago, strayadreams said:

I wouldn't start to work for the new Employer without permission, I don't think they would be keen on that! What I meant to ask was, if I hand in my notice and leave (essentially become unemployed) could I then apply for the restriction to be lifted from my bridging visa in order to work? (sounds like I risk that being cancelled all together) It seems like this may be more trouble than its worth, especially as the new employer is willing to wait. I guess it's the unknown time frame for processing which is causing the issue, its also no fun to be trapped in a job which turned out to be quite different to the one I originally accepted. Some details about the team I work with were withheld prior to my arrival...and when you're here you can't leave. 

Thanks for taking the time to respond Raul. 

The bridging visa isn't in effect, so you would still be on the 457 visa.  So if you leave your employer, you no longer meet the requirements of the 457 visa that is active, and you run the risk of it being cancelled.  So best is to simply wait for the 190 to be granted as it will replace the 457 visa and you then have unrestricted work rights.

[strayadreams]

2 hours ago, MaggieMay24 said:

The bridging visa isn't in effect, so you would still be on the 457 visa.  So if you leave your employer, you no longer meet the requirements of the 457 visa that is active, and you run the risk of it being cancelled.  So best is to simply wait for the 190 to be granted as it will replace the 457 visa and you then have unrestricted work rights.

Thanks MaggieMay24 - we had our medical clearance come through yesterday and that was the last thing, so as far as our application is concerned we have done all that we can. Like everyone else we are hoping for a speedy turnaround.