Melaina Posted May 8, 2020 Share Posted May 8, 2020 Hi all I’m looking for some advice re. what visa I and my eldest daughter should apply for in order to stay in Australia for an extra 3- 6 months, past termination/ expiry of my 457 visa. Background info: I am a UK citizen, as is my eldest daughter (who is 5 yrs old); My de facto partner is Irish and is a PR; We all moved to Sydney in July 2017; I and my eldest daughter are here on my 457 visa, which expires in May 2021. We have recently had another baby who is an Australian citizen by virtue of being born to a father who has PR. I am currently on maternity leave, due to go back to work this September, but may well be made redundant. If I’m not made redundant, I’m planning on either 1) resigning in January 2021 so that I can be at home to do drop off/pick up for my eldest daughter who will be starting school here in January; or 2) working until the expiry of my 457 visa in May 2021. I do not want my current sponsor to make a fresh application for my work visa. Our ultimate plan for next yr is to move to Ireland around July 2021 if the pandemic is under control by then. We just need to be able to ensure that both I and our eldest daughter can stay in Australia (and our eldest can attend school here) until July 2021. As such, we are planning on getting myself and our eldest daughter added to my partner’s PR visa, which we think would be an 820/801 application. This will cost circa $10k - a substantial amount of money when we only want to stay for another 3-6 months. The questions I need a steer on are: 1) Is there anyway I and my eldest could get rights to stay and our eldest attend school in Australia for a few extra months via another route (e.g. bridging visa while I sort out our departure) or via our youngest daughter’s AUS citizenship? 2) Would I still be able to work if I was added to my partner’s PR visa? (our understanding is that I would be able to as I have working rights under my 457 visa); 3) What happens if our current 457 visa expires and the application for the PR visa is not yet processed? Our understanding is that we would get an automatic bridging visa as we would have paid and applied for PR? 4) Is it possible to cancel an application for PR and get a refund if the application has not been processed by July 2021? 5) Is it likely, given current pandemic/economic climate) that our PR application would be rejected? Any recommendations for an immigration advisor who could advise on our situation would be much appreciated. Thanks Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 8, 2020 Share Posted May 8, 2020 Answers to your questions to the best of my knowledge: Your youngest daughter's citizenship doesn't confer any rights on you, so that's no help. If you apply for a partner visa, you will automatically go onto a bridging visa when your 457 expires. That will allow you to continue working until the partner visa is granted. No, it's not possible to get a refund if you cancel your application. The pandemic would have no bearing on whether or not you'd get your PR as a partner visa is not dependent on whether your skills are needed. Although applying for the partner visa would be expensive, it could be worth it. We never know what's in the future, and if your return to Ireland doesn't work out for some reason, having the partner visa would let you return to Australia any time in the 5 years after grant - which could be a nice safety net to have. Quote Link to comment Share on other sites More sharing options...
paulhand Posted May 8, 2020 Share Posted May 8, 2020 If you leave your job or get made redundant your 457 doesn’t expire, it gets cancelled, taking any bridging visa you hold with it. Your situation is complex and warrants a professional opinion based on the specifics of your situation rather than general forum advice. 3 Quote Link to comment Share on other sites More sharing options...
paulhand Posted May 8, 2020 Share Posted May 8, 2020 4 hours ago, Marisawright said: Your youngest daughter's citizenship doesn't confer any rights on you, so that's no help. It does offer the option of a parent visa, even if that is unattractive and complex in the circumstances. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted May 8, 2020 Share Posted May 8, 2020 You could contact Paul who has posted here he is an agent who has helped many. I agree you do need a professional to assess your case with all the information you may not want to reveal on a public forum to us amateurs! Expect to pay but you can choose the amount of support you need. Worth it as visas are expensive with no refunds and they are refusing more. 2 Quote Link to comment Share on other sites More sharing options...
Melaina Posted May 8, 2020 Author Share Posted May 8, 2020 Thank you all for your advice, much appreciated Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 8, 2020 Share Posted May 8, 2020 1 hour ago, Melaina said: Thank you all for your advice, much appreciated Oops I overlooked the bit about thinking of leaving your job or bring made redundant. In that case I’d say hiring someone like Paul is imperative. Quote Link to comment Share on other sites More sharing options...
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