457 to Onshore Partner, BVA Dare I dont I

[Guest neiljbm]

Hi All,

 

I'm from UK been in Australia for 5 years currently on a 457 but lodged my 801/820 Partner in September (married to Oz Citizen for 3 years) fully loaded.

 

I'm employed on a rolling 6 month contract (Agency sponsors my 457).

My employer's (national big player) new policy is that they want long term contractors to become permanent employees and have offered me a position doing exactly as I do now, problem for me is they do not sponsor people and are not willing to take over my 457 but are willing to hold the offer open until the end of the year possibly into January. If I'm not eligible to take up the position they will be forced to offer the position to someone else and cannot renew my current contract due to expire end Feb 2011 (much against their wishes I've been assured at local level)

 

 

Here's my dilemma (and request for advice from you good people):

I've been granted a BVA which would come into effect when my current 457 is expired (sept 2011).

I've written to Immigration fully explaining the situation but they replied saying "they have considered my request to prioritise my Visa application and decided against this" (not what I asked or expected them to do but I understand my situation is unusual and they can't single me out for special attention)

 

Should my Partner Visa not be processed by the end of the year (unlikely given the current time frames) I'm thinking I could try this:

My agent cancels my 457 (at my request, which they would as they'll be paid a fee to release me to a permanent position), thus activating my BVA upon which I apply for unlimited permission to work (form 1005, already submitted)

 

 

1. What is the chance of not being granted the unlimited permission to work (then I'd be out of a job immediately)
   
2. How long does it take for a decision for the above
   
3. Anyone got any other Ideas!!!!
   

 

Thanks to all for this fantastic site which has assisted me in many ways from the day I was offered a chance to come to this great country

 

Neil

[Guest Gollywobbler]

Hi All,

 

I'm from UK been in Australia for 5 years currently on a 457 but lodged my 801/820 Partner in September (married to Oz Citizen for 3 years) fully loaded.

 

I'm employed on a rolling 6 month contract (Agency sponsors my 457).

My employer's (national big player) new policy is that they want long term contractors to become permanent employees and have offered me a position doing exactly as I do now, problem for me is they do not sponsor people and are not willing to take over my 457 but are willing to hold the offer open until the end of the year possibly into January. If I'm not eligible to take up the position they will be forced to offer the position to someone else and cannot renew my current contract due to expire end Feb 2011 (much against their wishes I've been assured at local level)

 

 

Here's my dilemma (and request for advice from you good people):

I've been granted a BVA which would come into effect when my current 457 is expired (sept 2011).

I've written to Immigration fully explaining the situation but they replied saying "they have considered my request to prioritise my Visa application and decided against this" (not what I asked or expected them to do but I understand my situation is unusual and they can't single me out for special attention)

 

Should my Partner Visa not be processed by the end of the year (unlikely given the current time frames) I'm thinking I could try this:

My agent cancels my 457 (at my request, which they would as they'll be paid a fee to release me to a permanent position), thus activating my BVA upon which I apply for unlimited permission to work (form 1005, already submitted)

 

 

1. What is the chance of not being granted the unlimited permission to work (then I'd be out of a job immediately)

2. How long does it take for a decision for the above

3. Anyone got any other Ideas!!!!

Thanks to all for this fantastic site which has assisted me in many ways from the day I was offered a chance to come to this great country

 

Neil

 

 

Hi Neil

 

Welcome to Poms in Oz.

 

I am bumping your question back up to the top of the list in the hope that somebody might be able to assist.

 

Cheers

 

Gill

[Pumpkin]

I always thought that bridging visas kick in when the current visa reaches its expiry date. But if the visa is cancelled, it would mean no bridging visa. So I would certainly check that out carefully before you take the path you have suggested. What is the expiry on the 457 by the way? I really think yor best bet is trying to work it through with the company you are contracted to a bit more. How can it be so imperative that you start working for them directly not through an agent before the end of the year, think they are being a bit unfair on you there. If they do stick to that line though would your agent be able to place you somewhere else?

[Guest neiljbm]

Hi Pumpkin and thanks for the advice,

I followed this up with a migration agent and you are correct my BV would not apply if the 457 was cancelled. I now have some good advice to present to my employer, perhaps they will make an exception as the alterantive is I find another placement through my current sponsor, which wouldn't be too difficult I imagine.

I'll wait with fingers crossed until the end of Jan for my Spouse Visa to be granted and if not I'll begin the hunt for a new placement should my employer indicate the deadline still stands (locally they would jump through hoops to keep me but it's a directive issued nationally so I wouldn't hold out too much hope for a reprieve)

Thanks Again