Partner visa from 457

[kathrynf]

I am currently on a 457 work sponsored visa until expiry in March, but am hoping to submit the partner visa in the next week and get granted the BVA. I'm currently looking at transitioning jobs and am wondering if this happens before my 457 expires and I can't get the new company to take over the sponsorship  by someone else, will my BVA kick in when my current company cancels my visa?

[Nemesis]

4 hours ago, kathrynf said:

I am currently on a 457 work sponsored visa until expiry in March, but am hoping to submit the partner visa in the next week and get granted the BVA. I'm currently looking at transitioning jobs and am wondering if this happens before my 457 expires and I can't get the new company to take over the sponsorship  by someone else, will my BVA kick in when my current company cancels my visa?

As I understand it, if your existing visa is canceled then the BVA gets canceled too. You can only transition onto the BVA when your existing visa expires naturally. 

[ramot]

I think you should take advice from an MA. You might end up in the nightmare situation my daughter did. She applied for a partner visa and then left her 457 job before the end date of the visa.  Bridging visa A then cancelled and on the horrendous bridging visa (E)? 

As far as I know she had No work rights and if you leave the country you can’t return. Took months to get the partner visa, but did have work rights reinstated eventually due to pleading financial hard ship successfully, 

Please check this all out very carefully, take professional advice. 

 

[Raul Senise]

On 13/11/2018 at 19:15, kathrynf said:

will my BVA kick in when my current company cancels my visa?

No, if your 457 is cancelled, your BVA will be cancelled, you will become unlawful and go onto a BVE with no work rights and no way of leaving the country during the processing of your partner visa (which can take 2 years).

The advice from the previous two posters is spot on.