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457 employer termination to PV subclass 461


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Hi guys!
 

My employer terminated my contract, and I only have 60 days to remain in Australia. My 457 will originally expire 10/2021. My partner is a NZ citizen and is currently living with me for 2 months as he just transferred from NZ but our relationship is already 1 year and 11 months; we applied for a De facto relationship registration and is awaiting certificate but it might took more than 35 days, that leaves me 10 days to lodge our Partner visa subclass 461. Is there any way around this? Also, I am a bit confused, so my 457 visa will be cancelled after 60 days right? If so I will lodge the 461 beforehand,but the cancellation will take the BVA from 461 with it? So can I apply for BVE before 60 days? Because I dont want to overstay as it may affect my future applications? If so I needed to leave before 60 days, will my 461 application still be processed even though I lodge it onshore and I ll be offshore when its granted? Im so stressed! Also, some people say that the it does not necessarily mean that after 60 days without active nomination the 457 will be cancelled it just meant that the cancellation process will start, so can I request it to be cancelled? then apply for BVE? Or I can apply for BVE before 60 days and it will kick in once my 457 is officially cancelled? Anyone here tried this pathway, 457 to PV 461-BVE while waiting??? Would appreciate all your help! 

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  • 1 month later...

Hi Cherrydums, I have almost a similar situation, although my 457 is still valid for next 3 years. I entered Australia with a 457 not realising we have the option to apply for a 461 and have full working rights. Anyway, when we knew about the 461, we lodged it immediately but still more months of wait I guess as per the processing times stated in the website. I was wondering what steps you took? We wanted to relocate so that means I need to cease my 457. I haven't resigned yet as I'm thinking if that is a reason for my visa to be cancelled and that will be a breach of its condition? My head is really spinning from all these questions but any insight from you or anyone would be much appreciated. Thanks

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