On a 482, and waiting on a decision to be made on a 820. What happens if you lose your job?

[Arese]

Hi everyone,

This question has been bugging me for a little while now. 

What happens if someone is on a 482 and applied for a 820 visa for which no decision has been made yet (and 820 bridging visa didn't kick in yet) lose their job and end up having their 482 canceled?

According to my research, having the 482 visa canceled would result in the 820 application being canceled right? I was wondering if it was really the case? I mean with COVID last year some people must have been made redundant and got their 482 canceled? I was just wondering what would happen to those people and if having their 482 visa canceled really meant having their 820 application outright canceled without further consideration.

If someone could shed some lights on this particular situation for me it would be really appreciated

 

Thanks

 

[Marisawright]

8 hours ago, Arese said:

According to my research, having the 482 visa canceled would result in the 820 application being canceled right?

A bridging visa relies on the visa you're bridging from - if it gets cancelled, there's nothing to suppor that "end" of the bridge, so you can no longer hold a bridging visa. 

However, the 482 is not canceled the moment you lose your job.  There's a period of grace to find a new sponsor.

The other question, which I don't know the answer to, is - it cancels the bridging visa, but does it cancel the actual application for the 820?

Edited February 1, 2021 by Marisawright

[paulhand]

9 hours ago, Arese said:

According to my research, having the 482 visa canceled would result in the 820 application being canceled right? I was wondering if it was really the case? 

It does not result in the 820 application being ‘cancelled’ - rather the bridging visa that you were granted in respect of the 820 application is cancelled, so you become unlawful with all the attendant issues that entails. 

[paulhand]

1 hour ago, Marisawright said:

The other question, which I don't know the answer to, is - it cancels the bridging visa, but does it cancel the actual application for the 820?

No... just the bridging visa. 

[Marisawright]

1 hour ago, paulhand said:

No... just the bridging visa. 

I suppose the problem is that as you've lost the bridging visa, you're going to be unlawful, so you'll have to leave the country, and you can't be offshore for the 820 visa.  I feel as though I'm going round in circles...:)

[Arese]

6 hours ago, paulhand said:

No... just the bridging visa. 

 

5 hours ago, Marisawright said:

I suppose the problem is that as you've lost the bridging visa, you're going to be unlawful, so you'll have to leave the country, and you can't be offshore for the 820 visa.  I feel as though I'm going round in circles...:)

Right, just the bridging visa would be canceled not the 820 application technically speaking, thanks for correcting me.

However, in practice as pointed out by Marisawright, if you lose your BV you become unlawful.

- if you stay in the country unlawfully it's unlikely the decision made on the 820 application will be positive

- if you leave the country, that would also result most likely in the 820 application being denied due to the fact that one cannot be offshore when a decision is made on a 820 application.

In other words, in both situations, this would result in the 820 application being denied.

And there is no legal recourse to this? The department of immigration didn't consider this situation? It just seems really unfair and odd to me that there isn't any legal recourse that would allow an applicant to appeal and ask the department to consider their mitigating circumstances.

[paulhand]

2 hours ago, Arese said:

And there is no legal recourse to this? The department of immigration didn't consider this situation? It just seems really unfair and odd to me that there isn't any legal recourse that would allow an applicant to appeal and ask the department to consider their mitigating circumstances.

There are ways to resolve/rescue this situation, but they are beyond the scope of a forum post. If this is a real situation rather than hypothetical, I would get some professional advice tailored to your specific circumstances. 

[Marisawright]

2 hours ago, Arese said:

In other words, in both situations, this would result in the 820 application being denied.

And there is no legal recourse to this? The department of immigration didn't consider this situation

No, they won't, because it's the way it's supposed to work.  The same risk would apply no matter what permanent visa you had applied for.   If the 482 gets cancelled, all bets are off.

However like I said, the 482 is not cancelled immediately.  There's a grace period for you to find another sponsor, and often, the visa still doesn't get cancelled even then, because employers are slack about notification.  And there are workarounds, which Paul wouldn't want to reveal on a public forum.  

I'd say, unless you think you're about to lose your 482, you should just proceed asap, and cross that bridge if it comes to that.

[Arese]

On 02/02/2021 at 19:16, paulhand said:

There are ways to resolve/rescue this situation, but they are beyond the scope of a forum post. If this is a real situation rather than hypothetical, I would get some professional advice tailored to your specific circumstances. 

 

On 02/02/2021 at 19:23, Marisawright said:

No, they won't, because it's the way it's supposed to work.  The same risk would apply no matter what permanent visa you had applied for.   If the 482 gets cancelled, all bets are off.

However like I said, the 482 is not cancelled immediately.  There's a grace period for you to find another sponsor, and often, the visa still doesn't get cancelled even then, because employers are slack about notification.  And there are workarounds, which Paul wouldn't want to reveal on a public forum.  

I'd say, unless you think you're about to lose your 482, you should just proceed asap, and cross that bridge if it comes to that.

 

Thanks for your answers. That's what I wanted to know if there would be a way out of this situation if it occurred. Make me feel better about committing to a 2-year process and I guess I didn't like the idea that I could lose everything due to reasons beyond my control. 

I'm not about to lose my job/482 but I am someone who likes to plan for the worst I guess. 2 years is a really long time and a lot of things can happen. I'm fortunate enough that my job/industry wasn't impacted by COVID but I guess this whole pandemic made me think about how you can lose your job due to totally unforeseen circumstances we have no control over. 

Anyway, thanks for the insights I really appreciate it. I submitted and paid my application. 

Thanks!

[Marisawright]

14 minutes ago, Arese said:

 

Thanks for your answers. That's what I wanted to know if there would be a way out of this situation if it occurred. Make me feel better about committing to a 2-year process

You may be surprised and it will be a lot quicker than that.   Remember, the average waiting times quoted include people from high-risk countries who have to undergo stringent security checks.

Edited February 4, 2021 by Marisawright