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Guest mayday

Breach of 457 visa work conditions

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Guest mayday

Hello everyone,

I'm just wondering if anyone has had a similar experience with the 457 visa. My partner is on the 457 and we have applied for a de facto visa onshore (I am Australian). His sponsor has been very difficult to deal with and now wants him to move states for work which means we will both have to move.

 

Our CO hasn't given us a timeline, just the usual anything between 6 and 12 months and I've left a message asking for a timeline and wanting to explain our difficult situation but I don't expect a helpful response.

 

Is there any other visa we can apply for that would be quicker than the de facto so that he can work for someone else? A bridging visa or something? I assume the 176 takes just as long as the de facto and we might as well wait.

 

If he resigns from his sponsor he could risk getting his visa cancelled alltogether which would also mean a difficult situation..

 

Has anyone had a similar experience and found a solution?

 

Thank you.

Mayday

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Do some searches on this forum and provided you've met all of the requirements for one, you'll see that your Partner visa won't take anything like 6 or 12 months - more like 1 or 2 (if that) if you've provided plenty of solid documentation about your relationship.

 

Also, unless I'm mistaken, the fact that he's applied for an onshore Partner visa will give him a bridging visa if he doesn't have another valid visa. That certainly applies if the original visa expires though I'm not sure what happens if it is cancelled.

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Guest samandgum

Hello,

 

That is a difficult situation, but I agree with ozmaniac! Whenever you are onshore applying for a visa, until a decision is made on the application you are on a bridging visa allowing you to legally stay in the country.

 

The only other thing I can think of is if you can find a new employer willing to take on the sponsorship, the job title and duties must be the same (or very similar), doing this will get your partner someone better to work for anyway!

 

good luck

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Guest mayday

Hi ozmanic and samandgum, thanks so much for your help. THat's true, he would be on a bridging visa if his 457 wasn't valid for another two years which it is..I'm almost 100% sure this means he just has to stay on the visa he currently has with those limitations. I might call DIAC and see if there are any other options for us.

I think it would be really difficult to find a sponsor or that's what i've been told...

His current sponsor would let him just not work but apparently that's illegal too!

We are really stuck.

Thanks again.

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Guest mayday

Hi All,

 

i have another question/idea. My partners' sponsor is willing to give him leave without pay which means we could stay together while our de facto visa is being processed.

 

Does anyone know what the sponsor's obligations are? Do they have to notify DIAC if one of their employees goes on leave without pay?

 

Also does anyone know how long it takes for a nomination from a new sponsor to be approved? This is our other option.

 

And one last thing! Has anyone tracked their de facto visa online? I can't work out how to do it, it keeps telling me that mine and my partner's email addresses are invalid.

 

I'm getting a bit nervous because I left a voice message for my case officer last Thursday and she still hasn't responded. I'm worried that this means there's something wrong with the application... I'm such a worrier. I can't help it.

Thanks so much in advance for any help.

 

Mayday.

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Guest

There is a minimum wage that must be paid when someone is on a 457 visa therefore I do not think unpaid leave is an option.

 

Although technically you have to leave Australia 28 days after a 457 visa is cancelled in practice DIAC are more sympathetic and as people here have indicated a partner visa may only take 1-2 months then you probably have nothing to worry about (easy 4 me to say I know)

 

could your partner FIFO until the visa is granted?

 

Jules

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No, leave without pay isn't an option, but why doesn't he just move to the other state while you stay where you are for the time being? I know you probably don't want to be separated but it really is going to be the easiest solution all 'round unless DIAC assure you that if his 457 is cancelled that he can then move to a Bridging visa. Your Partner visa really will come through much faster than 6+ months and then you'll be free to do whatever you wish about his job.

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