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djianb

482 transfer times 60 day deadline question

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Hi

Im just about to get a new sponsor for my 482 (new job) if I was to resign during the processing time and say it went over the 60 day deadline of finding a new sponsor would I be without a visa, or does that only kick in when there is no sponsor at all, if that makes sense? 
 

just as it’ll be going in, in the next week and with Xmas looming etc.

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If you resign, your original 482 visa is cancelled, so you would be without a visa.


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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My visa would be cancelled if it say took 75 days processing time even through I’d resigned during the processing time and a visa transfer is being processed?

 

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8 minutes ago, djianb said:

My visa would be cancelled if it say took 75 days processing time even through I’d resigned during the processing time and a visa transfer is being processed?

 

Currently, processing times are very unpredictable.


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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I know they are unpredictable that’s why I’m asking the question in relation to if it takes say 75 days which is 15 days past the new sponsor deadline would my visa get cancelled or would that 60 day deadline not matter as it’s currently processing (same as if you went onto a bridging visa whilst transferring over)

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16 minutes ago, djianb said:

I know they are unpredictable that’s why I’m asking the question in relation to if it takes say 75 days which is 15 days past the new sponsor deadline would my visa get cancelled or would that 60 day deadline not matter as it’s currently processing (same as if you went onto a bridging visa whilst transferring over)

If they give you a bridging visa, then if you resign from your original job, the original visa gets cancelled, and the bridging visa gets cancelled too.  If they do not give you a bridging visa, then if your original visa is cancelled and the new 482 has not been approved yet, you have no visa. 

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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5 hours ago, djianb said:

Hi

Im just about to get a new sponsor for my 482 (new job) if I was to resign during the processing time and say it went over the 60 day deadline of finding a new sponsor would I be without a visa, or does that only kick in when there is no sponsor at all, if that makes sense? 
 

just as it’ll be going in, in the next week and with Xmas looming etc.

Your visa is only cancelled if/when DHA processes a cancellation, it isn't cancelled automatically (first they'd contact you to notify you of intent to cancel your visa and give you an opportunity to comment).  There's a good possibility the nomination transfer will be processed within 60 days, but unless you have a strong reason to resign from your current employer, it's generally best to stick it out until your new employer receives notice that the new nomination has been approved.  Then you can resign, work out any required notice period and start with your new employer with one less stress to worry about.

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23 hours ago, djianb said:

Hi

Im just about to get a new sponsor for my 482 (new job) if I was to resign during the processing time and say it went over the 60 day deadline of finding a new sponsor would I be without a visa, or does that only kick in when there is no sponsor at all, if that makes sense? 
 

just as it’ll be going in, in the next week and with Xmas looming etc.

The visa is not automatically cancelled after 60 days.

If you are in Australia you will first be sent a notice of intention to cancel and given an opportunity to respond.

Not a great idea to resign before the transfer is approved as the outcome is never guaranteed. Even a very minor mistake by your new sponsor can see a refusal of the application.


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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If the new employer is refused, will my current employer still be my sponsor or will I be without a sponsor (not having resigned)

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Further question: when the transfer is going through what are the chances of the immi dept notifying my current sponsor/employer that there is a transfer going through? Has anyone had this happen?

just as it would be extremely unprofessional for my current sponsor to find out I’ll be resigning prior to me telling them 

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On 30/11/2020 at 19:29, djianb said:

Further question: when the transfer is going through what are the chances of the immi dept notifying my current sponsor/employer that there is a transfer going through? Has anyone had this happen?

just as it would be extremely unprofessional for my current sponsor to find out I’ll be resigning prior to me telling them 

I quit working for my employer prior lodging the new nomination with the new company to transfer my 457, because I believed and MA told me that new nomination would come through within days if its an accredited sponsor (my new sponsor is accredited and one of the largest hospitality groups in australia), my nomination was lodged on december 4th and still no answer. If I could go back I would give the notice to my previous employer once the nomination for the new one was approved, but I didnt know at the time they could nominate me while I was still employed with them. Rookie mistake, I was scared I couldnt do it and would do something illegal, but it is not. I really hope the nomination comes through asap....

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