Moving from my 457 to 820 partner visa

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Moving from my 457 to 820 partner visa


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  #1 (permalink)  
Old 06-04-2018, 08:48 AM
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Moving from my 457 to 820 partner visa

Hi all,
I am on the 457 visa (which does not expire until January 2020) I have put through my defacto 820 visa this January but I have had to leave my job that was sponsoring me and have been unable to find a new sponsor and it has been passed the 60 days they give you, my partner is supporting me but I understand the partner visa could take another 16 months to process.
I have had very mixed opinions on whether I should cancel the 457 and apply for BVE then ask for working rights or I should just wait to get contacted by 457 and they may let me continue on my 457 until a decision is made on my partner visa..
I have heard being on a BVE Is not good for getting PR and I don’t want to jeperdise anything, but I am unsure if I can live off my partners salary for another 17months until the partner visa is approved.
Is anyone in a similar situation?
Thanks so much
Jade


  #2 (permalink)  
Old 06-04-2018, 12:51 PM
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Quote:
Originally Posted by Joelandjade View Post
Hi all,
I am on the 457 visa (which does not expire until January 2020) I have put through my defacto 820 visa this January but I have had to leave my job that was sponsoring me and have been unable to find a new sponsor and it has been passed the 60 days they give you, my partner is supporting me but I understand the partner visa could take another 16 months to process.
I have had very mixed opinions on whether I should cancel the 457 and apply for BVE then ask for working rights or I should just wait to get contacted by 457 and they may let me continue on my 457 until a decision is made on my partner visa..
I have heard being on a BVE Is not good for getting PR and I dont want to jeperdise anything, but I am unsure if I can live off my partners salary for another 17months until the partner visa is approved.
Is anyone in a similar situation?
Thanks so much
Jade
Hi Jade,
I was in a very similar position, lodged my partner visa 820/801 while on 457; and later left my job while still waiting for 820 result. From what I understand, neither you nor your sponsoring company can cancel your 457, only the department can decide whether they want to cancel your 457 visa or not; and if they do they will contact your and let you know/give you some time if you want to appeal.
What you need to do (if you haven't yet) is to notify the department about your leaving your job asap, as you should not withdraw information but be transparent and update them about any relevant changes in your circumstance (that's what my lawyer advised me to do).
They may not cancel your 457 visa and you could stay legally until a decision is made on your partner visa application. I think you still can seek sponsor outside of that 60/90 days they give you, since your visa has not been cancelled yet.
If they decide to cancel your 457 visa, you can apply for BVE if you want to stay to wait for 820 decision. I'm not sure about being on BVE is not good for getting PR, but I understand that it will postpone your citizenship eligibility, since the amount of time you stay legally before BVE will not count when you (if you want to) apply for citizenship later.
In my case, they never cancel my 457 visa and I just got my 820/801 visa granted recently. A friend of mine was in the same situation and they did not cancel his 457 visa either.
I understand your frustration... 457 to 820/801, it sucks, it really does... I'm still upset and think it's unfair when someone on a working holiday visa or visitor visa can apply for 820/801 and simply wait for their substantive visa to expire and BVA will kick it, then they can work, but we who are employable and being on a working visa can't ... crazy isn't it!
I wish you the best of luck Jade!


  #3 (permalink)  
Old 06-04-2018, 01:08 PM
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Thank you so much for your reply.
Yes it is crazy, it does not make a lot of sense !

Were you able to leave the country and return if you were still technically on a 457 visa (I have a family wedding next August 2019 and I’m worried I may not be approved by then) Or did you not ask that question when in touch with immigration?

And when you emailed immigration, did you tell them your entire situation and how much detail did you go In to for them to let you stay on the 457 until your 820 was approved?

Thank you 🙂


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  #4 (permalink)  
Old 06-04-2018, 01:11 PM
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Quote:
Originally Posted by brightstart View Post
Quote:
Originally Posted by Joelandjade View Post
Hi all,
I am on the 457 visa (which does not expire until January 2020) I have put through my defacto 820 visa this January but I have had to leave my job that was sponsoring me and have been unable to find a new sponsor and it has been passed the 60 days they give you, my partner is supporting me but I understand the partner visa could take another 16 months to process.
I have had very mixed opinions on whether I should cancel the 457 and apply for BVE then ask for working rights or I should just wait to get contacted by 457 and they may let me continue on my 457 until a decision is made on my partner visa..
I have heard being on a BVE Is not good for getting PR and I don’t want to jeperdise anything, but I am unsure if I can live off my partners salary for another 17months until the partner visa is approved.
Is anyone in a similar situation?
Thanks so much
Jade
Hi Jade,
I was in a very similar position, lodged my partner visa 820/801 while on 457; and later left my job while still waiting for 820 result. From what I understand, neither you nor your sponsoring company can cancel your 457, only the department can decide whether they want to cancel your 457 visa or not; and if they do they will contact your and let you know/give you some time if you want to appeal.
What you need to do (if you haven't yet) is to notify the department about your leaving your job asap, as you should not withdraw information but be transparent and update them about any relevant changes in your circumstance (that's what my lawyer advised me to do).
They may not cancel your 457 visa and you could stay legally until a decision is made on your partner visa application. I think you still can seek sponsor outside of that 60/90 days they give you, since your visa has not been cancelled yet.
If they decide to cancel your 457 visa, you can apply for BVE if you want to stay to wait for 820 decision. I'm not sure about being on BVE is not good for getting PR, but I understand that it will postpone your citizenship eligibility, since the amount of time you stay legally before BVE will not count when you (if you want to) apply for citizenship later.
In my case, they never cancel my 457 visa and I just got my 820/801 visa granted recently. A friend of mine was in the same situation and they did not cancel his 457 visa either.
I understand your frustration... 457 to 820/801, it sucks, it really does... I'm still upset and think it's unfair when someone on a working holiday visa or visitor visa can apply for 820/801 and simply wait for their substantive visa to expire and BVA will kick it, then they can work, but we who are employable and being on a working visa can't ... crazy isn't it!
I wish you the best of luck Jade!
Thank you so much for your reply. Yes it is crazy, it does not make a lot of sense !
Were you able to leave the country and return if you were still technically on a 457 visa (I have a family wedding next August 2019 and I’m worried I may not be approved by then) Or did you not ask that question when in touch with immigration?
And when you emailed immigration, did you tell them your entire situation and how much detail did you go In to for them to let you stay on the 457 until your 820 was approved?
Thank you 🙂


  #5 (permalink)  
Old 06-04-2018, 02:00 PM
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I did not leave the country, though I wanted badly. My lawyer recommended me not to leave since it could be risky that they may want to cancel my 457 while I'm away.
A friend was in the same situation, but she did leave the country several times and nothing happened during her trips. They did contact her later with intention to cancel her 457 though. Since it's all up to the department (cancel/not cancel/when?), I decided to be on the safe side.
It think it may worth consulting a immigration lawyer, since it varies from case to case.

In my email to the department (to 457 and cc 820/801), I told them I ceased employment with my sponsor (included details of my 457 visa) from date XX and applied for 820/801 (included details of my 820/801 application), nothing further. My lawyer recommended me to email them asap after I left my job. You may also want to add that you need to leave the country and ask them if that would be ok - see their response?

Hope this help!


  #6 (permalink)  
Old 06-04-2018, 11:02 PM
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Quote:
Originally Posted by brightstart View Post
I did not leave the country, though I wanted badly. My lawyer recommended me not to leave since it could be risky that they may want to cancel my 457 while I'm away.
A friend was in the same situation, but she did leave the country several times and nothing happened during her trips. They did contact her later with intention to cancel her 457 though. Since it's all up to the department (cancel/not cancel/when?), I decided to be on the safe side.
It think it may worth consulting a immigration lawyer, since it varies from case to case.

In my email to the department (to 457 and cc 820/801), I told them I ceased employment with my sponsor (included details of my 457 visa) from date XX and applied for 820/801 (included details of my 820/801 application), nothing further. My lawyer recommended me to email them asap after I left my job. You may also want to add that you need to leave the country and ask them if that would be ok - see their response?

Hope this help!
Thank you so much for your reply, so quickly as well.
Yes I will make sure i inform immigration and see how I go, fingers crossed.

Do you think it sped up your 820 application after you had cc’d them in to your email?

Many thanks,
Jade


  #7 (permalink)  
Old 06-05-2018, 07:46 AM
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Quote:
Originally Posted by Joelandjade View Post
Thank you so much for your reply, so quickly as well.
Yes I will make sure i inform immigration and see how I go, fingers crossed.

Do you think it sped up your 820 application after you had ccd them in to your email?

Many thanks,
Jade
Not at all ) Just to keep them in the loop.
Good luck Jade!


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