Partner on 482 visa. Can he fall back on bridging Partner Visa?

[Brad1549]

Hi all,

 

I am an Australian citizen, while my partner is a British citizen. 

 

My partner is currently sponsored on a 482 visa which expires in February 2022.

 

We recently registered our relationship as de facto (in NSW) and are hoping to lodge our Partner Visa application at the end of the year. 

 

Unfortunately my partner is really disliking his current job. We've had a meeting with a migration lawyer and he mentioned my partner won't fall onto the Partner Visa Bridging until his 482 expires. He responded with this at the very end of our meeting and haven't had a chance to ask further. 

 

My question is, what if my partner resigns from his job? Surely he would automatically fall onto the Bridging Partner Visa and this would give him the freedom to move companies? 

 

Thanks for the assistance. 

[paulhand]

58 minutes ago, Brad1549 said:

My question is, what if my partner resigns from his job? Surely he would automatically fall onto the Bridging Partner Visa and this would give him the freedom to move companies? 

No - his 482 will be cancelled and, consequently, his bridging visa will be cancelled as well.

Edited November 10, 2020 by paulhand

[Brad1549]

46 minutes ago, paulhand said:

No - his 482 will be cancelled and, consequently, his bridging visa will be cancelled as well.

Hi Paul, 

 

Thanks for your message. I see. So come February 2022, after his 482 ends, can he fall back on the Bridging Partner Visa and use that to move companies? I doubt the Partner Visa would have been approved by that stage. 

[paulhand]

23 minutes ago, Brad1549 said:

Hi Paul, 

 

Thanks for your message. I see. So come February 2022, after his 482 ends, can he fall back on the Bridging Partner Visa and use that to move companies? I doubt the Partner Visa would have been approved by that stage. 

Once the existing substantive visa expires, any bridging visa held will come into effect.

[Brad1549]

13 hours ago, paulhand said:

Once the existing substantive visa expires, any bridging visa held will come into effect.

I see...

 

So my partner needs to stick through the 482 with his same company until the expiration in February 2022? In which case he can then fall back on our bridging partner visa and apply for work anywhere?

 

Are there no other options for him to be able to move companies at the moment? Can another company 'take' his sponsorship through a transfer? Will this 'reset the clock' on his expiration or will it still be February 2022?

Thanks

[Marisawright]

16 hours ago, Brad1549 said:

We've had a meeting with a migration lawyer and he mentioned my partner won't fall onto the Partner Visa Bridging until his 482 expires. He responded with this at the very end of our meeting and haven't had a chance to ask further. 

My question is, what if my partner resigns from his job? Surely he would automatically fall onto the Bridging Partner Visa and this would give him the freedom to move companies? 

 

You mention you have a migration lawyer.  If that's the case, he is the one you should be asking.  it's not reasonable to expect other migration agents to keep giving you detailed advice for nothing.

I hope it is an agent and not a lawyer, by the way. You use a migration lawyer when you need to go to court over a visa.  For a visa application, you are much better off using a MARA registered migration agent.

As I understand it (but I am not an expert), he could leave his employer if he can find another employer, but that means cancelling his current 482 and getting a new one with the new employer. Because his current 482 would be cancelled, so would the bridging visa and you'ld have to start again from scratch.  

Edited November 11, 2020 by Marisawright

[Raul Senise]

On 11/11/2020 at 11:47, Brad1549 said:

Are there no other options for him to be able to move companies at the moment? Can another company 'take' his sponsorship through a transfer? 

Yes, another company can lodge an application to transfer the 482 visa to them.

On 11/11/2020 at 11:47, Brad1549 said:

Will this 'reset the clock' on his expiration or will it still be February 2022?

No, a transfer will maintain the same visa validity, as long as the occupation remains the same.

[Marisawright]

7 hours ago, Raul Senise said:

a transfer will maintain the same visa validity, as long as the occupation remains the same.

Thanks for that correction.  I thought that was the case for the 457 but I had come across an article on Google that said the 482 is different.  I note, though, that the occupation has to remain the same.

[Raul Senise]

7 minutes ago, Marisawright said:

Thanks for that correction.  I thought that was the case for the 457 but I had come across an article on Google that said the 482 is different.  I note, though, that the occupation has to remain the same.

Yes, it can be done, but is more confusing with the 482, as it is not as straight forward as under the old 457 system.