pineapple300 Posted June 20, 2019 Share Posted June 20, 2019 Hi everyone Am currently just over 2 years into a 457 visa, but am no longer enjoying my job. Visa expires in early 2021. Been looking for a new job for about 5 months now, but struggling to find anywhere that is willing to transfer my 457. I'd be eligible for an 820 de facto visa, but understand this wouldn't take effect until my 457 expires. And if I cancel the 457 i'd be in a bad situation, non lawful citizen. I could go on the 189 wait list, but looking at the trends am about 10 pts short in my profession to get an invite. Wanted to know if anyone has been in a similar situation, or has any advice? Thanks Quote Link to comment Share on other sites More sharing options...
Marisawright Posted June 20, 2019 Share Posted June 20, 2019 This is why we warn people against going for the 457. The employer knows they've got you trapped, because it's not easy switching jobs on a 457, and some employers take advantage of that - whether by misrepresenting the job upfront or not treating you well once you've arrived. I suggest contacting a migration agent for information on the 820 1 Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted June 20, 2019 Share Posted June 20, 2019 820 has to be the route out in the long run, but from what I have read you are still bound by your 457 terms until that expires, and if then you don't have the 820 yet your bridging visa kicks in. Get some advice, but if the outcome is that you have to wait a while you are still much better off than you might have been if you didn't qualify for the 820 - you could be going home! Quote Link to comment Share on other sites More sharing options...
ramot Posted June 20, 2019 Share Posted June 20, 2019 (edited) 6 hours ago, pineapple300 said: Hi everyone Am currently just over 2 years into a 457 visa, but am no longer enjoying my job. Visa expires in early 2021. Been looking for a new job for about 5 months now, but struggling to find anywhere that is willing to transfer my 457. I'd be eligible for an 820 de facto visa, but understand this wouldn't take effect until my 457 expires. And if I cancel the 457 i'd be in a bad situation, non lawful citizen. I could go on the 189 wait list, but looking at the trends am about 10 pts short in my profession to get an invite. Wanted to know if anyone has been in a similar situation, or has any advice? Thanks I’ve written before how my daughter was in the same position, and this was several years ago so you have to check if the rules have changed. She was on a 457, and lodged a partner visa. She left her job, and went on the awful bridging visa E ( look this up). She and her partner pleaded financial hardship, and several months later she was given permission to work with no restrictions but still on BVE, so if she left the country she couldn’t return. Her 820 visa was granted quite some months later, so this superseded her 457. 801 visa applied for one year after original 820 and 9 months later granted. This was 7 years ago and I think visas are taking longer now. It was a very worrying time, but thank goodness worked out in the end. I suggest you consult an MA. If you lodge a partner visa, and it comes through before your 457 ends then possibly that would over ride the 457. Just be very aware that should you apply for a partner visa, bridging visa A only kicks in at the end of your 457 visa. Hope that makes sense. Good luck. Edited June 20, 2019 by ramot Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 21, 2019 Share Posted June 21, 2019 Haven't been in the same situation, but if I was I would probably lodge the 820 as soon as I could and then persevere with the 457 until it either expires of the 820 comes through. I find it best to keep the long term goal in mind and put up with the short term pain in the meantime. 2 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted June 21, 2019 Share Posted June 21, 2019 You could leave, get work in UK (I presume that’s where you are from) and apply for a partner visa offshore as they process much faster this way. Or cancel the 457 and leave (or the other way round) apply for a visitor visa, return to Aus and apply for the partner visa onshore, (providing the visitor visa doesn’t have a ‘no further stay’ condition) you’ll go onto a bridging visa when the visitor visa expires but you won’t have any work rights. You could apply for work rights if you can show financial hardship but this is not a given and would likely take a while to process. I’m not sure there’s any other way you can stay in Aus while legally working and waiting for the partner visa to process. As others have said, run it by an agent. In the interim keep looking for another employer to transfer your 457- what do you do? Quote Link to comment Share on other sites More sharing options...
ramot Posted June 21, 2019 Share Posted June 21, 2019 1 hour ago, Wonderingaloud said: You could leave, get work in UK (I presume that’s where you are from) and apply for a partner visa offshore as they process much faster this way. Or cancel the 457 and leave (or the other way round) apply for a visitor visa, return to Aus and apply for the partner visa onshore, (providing the visitor visa doesn’t have a ‘no further stay’ condition) you’ll go onto a bridging visa when the visitor visa expires but you won’t have any work rights. You could apply for work rights if you can show financial hardship but this is not a given and would likely take a while to process. I’m not sure there’s any other way you can stay in Aus while legally working and waiting for the partner visa to process. As others have said, run it by an agent. In the interim keep looking for another employer to transfer your 457- what do you do? Please check the work conditions when on on bridging visa A when applying for a partner visa. I thought you were allowed to work while on this bridging visa. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted June 21, 2019 Share Posted June 21, 2019 9 hours ago, ramot said: Please check the work conditions when on on bridging visa A when applying for a partner visa. I thought you were allowed to work while on this bridging visa. Yep, correct If one applies for an 820 then once the BVA kicks in one gets full working rights. Quote Link to comment Share on other sites More sharing options...
Jon the Hat Posted June 25, 2019 Share Posted June 25, 2019 On 21/06/2019 at 17:55, Nemesis said: Yep, correct If one applies for an 820 then once the BVA kicks in one gets full working rights. Isn't then point that the BVA wouldn't kick in until the active 457 visa expires? The question then is whether it expires when you quit your job... Quote Link to comment Share on other sites More sharing options...
Nemesis Posted June 25, 2019 Share Posted June 25, 2019 5 hours ago, Jon the Hat said: Isn't then point that the BVA wouldn't kick in until the active 457 visa expires? The question then is whether it expires when you quit your job... If someone quits their job before the expiry date of the 457, then the 457 is cancelled (as opposed to expiring - because it has been ceased early). If it is cancelled then the prospective Bridging Visa gets cancelled too. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.