Visa 461 (Partner, NZ) and Working Rights while on Bridging Visa

[VicentJ 0]

Hello,

As the de-facto partner of a NZ citizen residing in Australia, I am considering to start an application for a 461(New Zealand Citizen Family Relationship) visa. I am concerned about the very lengthy period (two years) it takes to be approved.

I understand that I will get a bridging visa during this period. Will I have work rights while on this bridging visa?

Also, Immi website says that if I apply from Australia I have to be in Australia when they make their decision. What happens if I leave Australia while the visa is being processed? Is the process cancelled?

Thanks!

[Nemesis 1,575]

48 minutes ago, VicentJ said:

Hello,

As the de-facto partner of a NZ citizen residing in Australia, I am considering to start an application for a 461(New Zealand Citizen Family Relationship) visa. I am concerned about the very lengthy period (two years) it takes to be approved.

I understand that I will get a bridging visa during this period. Will I have work rights while on this bridging visa?

Also, Immi website says that if I apply from Australia I have to be in Australia when they make their decision. What happens if I leave Australia while the visa is being processed? Is the process cancelled?

Thanks!

What visa are you on at the moment?

[VicentJ 0]

Currently I am on a 457, that will expire in 2021. I understand that I will have work rights as long as the 457 is valid. But I am wondering what the situation will be if the 457 is cancelled (due to my job being terminated) while awaiting outcome for the 461 visa.

[VicentJ 0]

13 minutes ago, Nemesis said:

What visa are you on at the moment?

Currently I am on a 457, that will expire in 2021. I understand that I will have work rights as long as the 457 is valid. But I am wondering what the situation will be if the 457 is cancelled (due to my job being terminated) while awaiting outcome for the 461 visa.

 

[Nemesis 1,575]

51 minutes ago, VicentJ said:

Currently I am on a 457, that will expire in 2021. I understand that I will have work rights as long as the 457 is valid. But I am wondering what the situation will be if the 457 is cancelled (due to my job being terminated) while awaiting outcome for the 461 visa.

When you apply for the 461(onshore) you become eligible for a Bridging visa A. However this visa does not kick in until your 457 EXPIRES. Thats expires, not cancelled. If you cancel it then the Bridgng Visa gets cancelled as well. You must remain on the 457 until 2021 -unless the 461 is granted irst, in which case you move straight onto that 

[VicentJ 0]

Just now, Nemesis said:

When you apply for the 461(onshore) you become eligible for a Bridging visa A. However this visa does not kick in until your 457 EXPIRES. Thats expires, not cancelled. If you cancel it then the Bridgng Visa gets cancelled as well. You must remain on the 457 until 2021 -unless the 461 is granted irst, in which case you move straight onto that 

Thanks! So, just to make sure, what happens if the 457 Visa is cancelled? This is, my job here is terminated and I cannot find a new sponsor? Am I obliged to leave the country until the 461 visa is processed?

Also, would that Bridging Visa A have work rights?

[paulhand 824]

16 minutes ago, VicentJ said:

Thanks! So, just to make sure, what happens if the 457 Visa is cancelled? This is, my job here is terminated and I cannot find a new sponsor? Am I obliged to leave the country until the 461 visa is processed?

Also, would that Bridging Visa A have work rights?

461 bridging visas usually have the same work rights as the visa you hold when you apply. As @Nemesissays if the 457 is cancelled, so is your bridging visa. You will therefore have no visa to stay. Remember also if you get into this situation, you may have a problem getting back to Australia in order to have your 461 granted. 

[Laura421 0]

Hi there, I'm wondering if you applied for this visa or found out the process going from a temporary skilled visa to a partner visa - when the 457 ends are you able to go on a bridging visa with work rights until the decision of the 461?

[Marisawright 9,314]

On 07/09/2020 at 17:59, Laura421 said:

Hi there, I'm wondering if you applied for this visa or found out the process going from a temporary skilled visa to a partner visa - when the 457 ends are you able to go on a bridging visa with work rights until the decision of the 461?

@Laura421, I see no one replied to your post.  Paul did explain it above.   

You must apply for the 461 before the 457 ends.   Then you must stay on the 457 until its official end date, and then the bridging visa will kick in.

However, if the 457 gets cancelled or terminated early, then the bridging visa will be cancelled as well, and you'll have no visa.  

Edited January 14, 2021 by Marisawright