[thebaneofmyexistence]

Hi everyone!
I'm new to this website and am loving all the information I'm getting so far.
But I can't find anything specific to my situation, so if I could get some help that would be amazing, thank you in advance.

Sooooo! My husband is here on a 457 visa and recently in March we applied for a spouse visa. He has got his BVA but as he is still on his 457, his BVA hasn't kicked in. This is the part where it gets a bit tricky, we both want for him to come off his 457 so that he can work elsewhere as the company he's working for isn't giving him all his workers rights, however before we contact fair trading or another other body to report what's happening we wanted to be sure that nothing will put his BVA in turmoil. But from reading all the previous posts what I understand is that if he cancels his 457 his BVA could, in certain circumstances, NOT come into effect and he could possibly be put onto a BVE. So is there any way that is guaranteed that he can come off his 457 without going on a BVE?
What if he leaves the country applying for a BVB before he goes, cancels his 457 overseas and then comes back? Could that work?

Any help would highly appreciated! Thank you once again

 

[CCMS]

If the 457 visa is cancelled any associated bridging visa will be cancelled as well. If he is overseas when that happens he may not be able to come back to Australia. If he is in Australia when it happens, he may become unlawful and will have to apply for a BVE. It might be a good idea to approach Fair Work and see if his issues can be sorted out, Just keep in mind that if he leaves his sponsor for whatever reason, he will need to find a new sponsor within the required period or his 457 visa may be cancelled.

 

[thebaneofmyexistence]

If the 457 visa is cancelled any associated bridging visa will be cancelled as well. If he is overseas when that happens he may not be able to come back to Australia. If he is in Australia when it happens, he may become unlawful and will have to apply for a BVE. It might be a good idea to approach Fair Work and see if his issues can be sorted out, Just keep in mind that if he leaves his sponsor for whatever reason, he will need to find a new sponsor within the required period or his 457 visa may be cancelled.

So really there's no way for him to come off the 457 without any chance of getting a BVE even though he has a BVA for his spouse visa?

 

[CCMS]

So really there's no way for him to come off the 457 without any chance of getting a BVE even though he has a BVA for his spouse visa?

There's nothing stopping him from moving to another sponsor as long as a new nomination can be lodged after the recent changes to the 457 visa and he still qualifies under the new rules. If there is any other visa he can apply for to replace the sc. 457 visa that may be worth considering. How long is the sc. 457 visa valid ?

 

[thebaneofmyexistence]

There's nothing stopping him from moving to another sponsor as long as a new nomination can be lodged after the recent changes to the 457 visa and he still qualifies under the new rules. If there is any other visa he can apply for to replace the sc. 457 visa that may be worth considering. How long is the sc. 457 visa valid ?

Thank you, I will look into that. His current 457 is valid until 2020, so that's another very long 3 years. It's either that or wait for the partner visa to come through which is another six to eight month wait at least.

 

[CCMS]

Thank you, I will look into that. His current 457 is valid until 2020, so that's another very long 3 years. It's either that or wait for the partner visa to come through which is another six to eight month wait at least.

I'd stick it out on the 457 visa. 6 to 8 months is not that long in the scheme of things. Once the partner visa is granted he can move on and still pursue any work issues like incorrect pay etc.