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Guest Charrr

Long & complicated questions regarding end of 457 visa - Advice please!

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Guest Charrr



This is not really a migration issue (as I'm not migrating) and I'm not really a Pom, so first of all sorry for "hijacking" the forum, but I'm hoping someone might be well-versed in this visa business to offer some advice or help....



I have a bit of a complicated situation... I am a Canadian who has been in Australia for about 3 and a half years. For the first year and a half, I was here on 2 working holiday visas. Since the end of August 2009, I have been on a 457 visa which is valid for 2 years. Obviously that visa, and the associated work contract expire in a few months.


I have recently (last month) married my Australian husband. I know you're now thinking, great, just apply for spousal sponsorship. Our issue is that we don't plan to stay in Australia. We would like to move to Canada for personal reasons. We don't feel that us spending $2500 for apply for spousal sponsorship is worth it when we plan to move away anyway.


He is currently on a work contract until the end of this year. He is a teacher, and cannot leave in the middle of the year. Initially, we had planned for me to head back to Canada at the end of August and start getting us settled, and he would join me in December. However, it seems like such a long time to be seperated from my husband, and besides that, it leaves him to pack up all our stuff and organise getting it shipped over all on his own (and we have a 3 bdrm house worth of stuff to sort through - so not an easy task).


Now I'm wondering if there's anyway I'd be able to be granted a tourist visa at the end of my 457 visa. I know that I would not be able to work, but since it would only be a for a couple of months (I'd probably want to leave in November due to some things going on in Canada) we would be fine on one income, and it would allow me time to get all our things organised.


Can anyone give me some advise with this? Would I have to leave (to New Zealand) and gamble on being able to get a tourist visa granted from there to come back? Or is there any way to apply from onshore? What would my chances be of being approved? Obviously, I'm not applying for "tourist" reasons, but one of the reasons listed for granting a tourist visa says "to visit family or friends" and technically I want to be able to visit with my husband until he moves.


I know my other option is to try to get my company to renew my contract and 457 visa... but I'm not sure if they would be willing (or able?) to do this for such a short period (3 months?) or if I'd have to lie to them that I planned to stay, and then quit after a few months, which I don't feel very comfortable with.


I'd appreciate any advice that anyone can give me... I may contact an immigration attorney at some point but I thought I'd test the waters here first.


I really want to make sure I don't overstay or do anything against my visa conditions as obviously, with my husband being Australian, we do plan to be back here visiting quite often, so I can't afford to become subject to an exclusion order.


Thanks for any guidance that anyone can give... and thanks for reading my long question!!!

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Guest machang

I am sorry, I can not give you an exact answer. However, if you talk to DIAC staff, I am sure they will tell you the appropriate visa which you need to have in order to stay short time with your partner.


And also try visa wizard http://www.immi.gov.au/visawizard/



Good Luck with your plans !!:fish:

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