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Brad1549

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

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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. 

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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 by paulhand
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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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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. 

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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.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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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

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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 by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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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.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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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.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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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.

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Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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