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Discussion Starter · #1 ·
I am getting many different and conflicting stories about my visa situation. Maybe someone out there can help me understand.

I came to Australia to be with my partner on a 457 sponsored visa. My employment did not work out and I was let go/mutually decided with my employer not to continue my employment at the end of my 3 month probation period. I looked into my options at that time and was told by several people including migration agents to apply for a Partner Visa subclass 820. I was told once the 820 was lodged I would be granted a bridging visa A and allowed to stay in AUS and work without a sponsorship while awaiting approval of the 820. I have lodged my 820 and been granted a bridging visa A, but the A remains inactive because my 457 is still active. I have informed TSS of my lack of employment and intent not to obtain another sponsor and lodgment of my 820 application. I was told that once my 457 ran out that my bridging visa A would become active. Before all this my partner and I had planned trips to USA in November 2018 and Malaysia in April 2019 so I also applied for a bridging visa B (also not active because of the currently active 457). I was under the understanding at the time of the 820 lodging that after 60 day of no sponsored employment my 457 would cease. At that time no one explained to me the difference between cancellation and expiration.

60 days passes and my 457 is still active. I call immigration and I am told that they do not know why it hasn't been cancelled or when it will be, but when it is I will become unlawful because my bridging visa A and B will also be cancelled. I am told that my only recourse will be to apply for a bridging visa E. depending on who you ask on any given day the bridging visa may/may not come with a condition that prevents you from working or studying, but you may appeal these stipulations. However, one thing is certain. On an E you CANNOT travel or apply for a bridging visa B that allows you to travel.

I speak to am immigration agent. She initially tells me that there is no difference between cancellation of the 457 or expiration and my bridging visas will stand regardless. I do some more research (as does she) and confirm that, indeed, if my 457 is cancelled my bridging visas will also be cancelled. My immigration agent then tells me; in order to get around the issue of cancellation of my 457 and not being able to travel; apply for a Visitor visa subclass 600 (3 month). That applying for the 600 will effectively cease my 457 (or when it is cancelled), keep my bridging visas A and B, and make them active.

I speak to immigration again and I am told that just because my 457 is cancelled it DOES NOT mean that my bridging visas will automatically be cancelled. That cancellation of the bridging visas is made on a case by case basis and that I may still be granted my bridging A and B to follow if my 457 is cancelled.

At this point I have gotten so many conflicting stories I don't know what to believe. I know that if I get an answer from the forum it will be just another story, but people on this forum seem pretty knowledgeable about these issues.

To recap.
- 457 still active though it has been more than 60 days without sponsorship.
- 820 lodged
- TSS informed of intent to not obtain another sponsor and lodgment of 820
- Bridging visa A granted but inactive
- Bridging visa B granted but inactive
- Trip to USA scheduled 12 Nov - 18 Nov

Questions
1. If I apply for a Visitor visa subclass 600 for 3 months duration will it mess up my Partner Visa 820 application?
2. Is there enough time before my USA trip to apply for the 600?
3. Will the 600 over ride my 457 or become effective after my 457 is cancelled?
4. Will my bridging visas be maintained and active once the 600 is active?

:eek::confused:
 

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[QUOTE=AmericanBaconRox
To recap.
- 457 still active though it has been more than 60 days without sponsorship.
- 820 lodged
- TSS informed of intent to not obtain another sponsor and lodgment of 820
- Bridging visa A granted but inactive
- Bridging visa B granted but inactive
- Trip to USA scheduled 12 Nov - 18 Nov

Questions
1. If I apply for a Visitor visa subclass 600 for 3 months duration will it mess up my Partner Visa 820 application?
2. Is there enough time before my USA trip to apply for the 600?
3. Will the 600 over ride my 457 or become effective after my 457 is cancelled?
4. Will my bridging visas be maintained and active once the 600 is active?

*** I am a bit rusty these days, but you have a problem.

The Bridging Visa is attached to your current visa being the 457.

When that visa stops for whatever reason the Bridging visa is no longer around it goes with the 457.

A 457 to a 600 then the 820 would have solved your problem.

E stands for Evil best avoid if at all possible - can get work rights but never travel rights.
 

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A BVB will end immediately if the following situations occur:
... we cancel either your BVB or the substantive visa that you held when you were granted the BVB.
link

You should really pay for some professional help by a reputable registered migration agent. A few comment on this forum and have come highly recommended by other users.
 

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Ok, not an expert here...but first, do NOT listen to what they say on the phone at DIBP. They are known for giving false information (they did with me). From my understanding, yes, if your 457 gets canceled, then your BVA/BVB will also be canceled.

As for the 600 visa...I don't know that they will give you a tourist visa since you already have the 457, as you won't be a "tourist" and won't meet the requirements as a "genuine tourist." As for your trip to the US, I guess you could try for the ETA visa as soon as you get to the US. But here's your problem...your BVA/BVB are linked to the 457 visa, not a 600 or ETA visa. So I don't know that will work, because you won't have a BVA/BVB once that 457 is canceled. Hopefully one of our regular RMAs will comment on this...but it sounds like you're in a real pickle.
 

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I would chat with one of the recommended RMA's in the sticky on this forum - they all are very good.

Something like going offshore and getting an ETA might be worth a shot, but that wont give work rights in Australia but you will have travel.

You could apply for the 820 again (extra $7,000+) if you get the ETA then only 3 months no work.

Either way sorry I think you have just found out you had a very bad day - sorry.
 

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Discussion Starter · #6 ·
Rma

How do I find a good RMA? So far I've been given misinformation by at least 3 different migration agents.

ampk mentioned "in the sticky on the forum". What does that mean?
 

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I have hands on experience with this exact same scenario.

If your sc. 457 visa is cancelled, your BVA will also be cancelled and you will end up on a BVE without travel rights.

If a tourist visa is granted, it will replace your 457 visa and resolve your problems, but there is no guarantee that a tourist visa will be granted.

The best solution would have been to stick it out on the 457 visa until the partner visa had been granted.
 

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CCMS is on the sticky list.

From his RMA number 0640648 - the first 2 digits "06" means he first became licensed in 2006.

I have used him myself and another on the sticky list but recommend all on that list - another Paul is earning a place there also, he would be the first non Australian based to make the list (he may be on it I have not checked in some time).
 

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Discussion Starter · #10 ·
I have hands on experience with this exact same scenario.

If your sc. 457 visa is cancelled, your BVA will also be cancelled and you will end up on a BVE without travel rights.

If a tourist visa is granted, it will replace your 457 visa and resolve your problems, but there is no guarantee that a tourist visa will be granted.

The best solution would have been to stick it out on the 457 visa until the partner visa had been granted.
If I apply for the tourist visa will it disrupt my already lodged partner visa? It would be worth trying for the tourist visa since I think it only costs about $150, but I don't have an extra $7000 for another partner visa.

Thanks for responding.
 

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If I apply for the tourist visa will it disrupt my already lodged partner visa? It would be worth trying for the tourist visa since I think it only costs about $150, but I don't have an extra $7000 for another partner visa.

Thanks for responding.
A tourist visa application would only affect the partner visa application if it was lodged after the partner visa had been granted.

With the tourist visa application you should include a submission explaining the reason for the application. With an onshore partner visa in the system you're obviously not a " genuine visitor".

Worth a shot, I reckon.
 
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Discussion Starter · #12 ·
The saga continues.
My 457 is still active and still no word on when it will be cancelled.
I cannot apply for another bridging visa until the 457 is cancelled.
Now I have been told that a bridging visa C will be automatically granted upon 457 visa cancellation.
I am trying to make a plan for something to do with my life until this process resolves, which may take up to two years. I could study at the moment but as soon as my 457 is cancelled I will be unlawful unless my bridging visa allows me to study.
Does anyone know if you are allowed to study with on a BVC?
 

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Look, everyone, I know nothing about this, but American bacon isn't better than bacon in Australia.

As you were.
 

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Look, everyone, I know nothing about this, but American bacon isn't better than bacon in Australia.

As you were.
Not better, just a different kind. One I prefer. ;)

Once you have a BVC, you need to apply for work rights. You can do so via a 1005 form (I believe), show a budget (just use a generic budget form), utilities/bank statements, etc. As for the study component, not sure. I'll have a look when I get home.
 
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Turkey bacon in some countries means they know it is good too!

I did like it very much.

Be very careful of Study Visas they have traps in and out of the migration system.
 

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Discussion Starter · #16 ·
Yes, I know you Aussies love your gray flaccid meat slathered in BBQ sauce. What most of you don't know is what actual good American bacon is like. That stuff you ate once when your were on holiday in the states at the hotel breakfast bar that had been sitting in a hot tray under a lamp for hours and was all chewy and greasy is not representative of good American bacon. Aussies are all closeted American bacon lovers anyway. If you know where your meat comes from you would realize that American bacon comes from the belly of the animal. Aussies love pork belly. American bacon is the exact same cut of meat as pork belly. The only difference is that American bacon is pork belly sliced thin; but not too thin if you get the good stuff. Guess what, every single Aussie I know loves he/she some pork belly fried up real nice and crispy just like good, salty, delicious American bacon.

Thanks for the visa info.
 

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Have you find a good way to solve the problem? My case similar to yours. Lodged 820 with 457 but ceased after then. BVA can not take effect yet. Now received NOICC...
 

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Discussion Starter · #19 ·
Hello zigoingup
Sorry for the late reply.

What do you mean by "ceased"?

Sounds like you are further along in the process than I. I have not received an NOICC yet. I have been waiting 4 months for my 457 to be cancelled. One agent told me it took 7 months for one of his client's 457 to be cancelled. What I have been told is that once the 457 is cancelled I will automatically be issued or have to apply for another bridging visa E or C (unclear on whether this is automatic or you need to manually apply or which one it needs to be) because my BVA (issued but not active due to still active 457) will be cancelled along with it. The new bridging visa will not automatically have work rights but I will be able to apply for work rights and most likely get them. However, the new bridging visa will not allow me to leave the country until another substantiative visa is issued (ie - the 820). If I leave the country before having another substantiative visa my bridging visa will be cancelled and I will not be allowed back in the country.

I have been unable to find a solution to getting 457 cancellation sooner rather than later. I am always told "I'm in the queue" when I call the immigration support line and there is nothing I can do to hurry up the process. I have also been unable to find a solution to being able to travel outside AU. I think you just have the roll with it on this issue. Eventually, when partner visas are granted it will all work out. Unfortunately, that can take up to 2 years from the time of 820 lodgment.

Hang in there. Hope this helps
 
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