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Discussion Starter · #1 · (Edited)
Hi All,

I am new to this forum and have been looking for advice in this forum. I am facing a problem and I really hope any of you who are experienced can provide me with some advice.

I am currently holding visa 457, but this job is way too stressful for me, which affects my mental and health, and I am looking to quit this job where possible.

I have been in a defacto relationship with my partner for more than two years and would like to apply for a partner visa. However, understand that the global processing time for partner visa is very long (20 months), and if I apply for partner visa while I am on 457, and quit my job. I will lose both of my visa 457 and BVA, hence becoming unlawful and have to apply for Bridging Visa E which does not have any working rights.

So I am trying to look for an alternative and thought of to apply for Student Visa while I am on 457, and apply for partner visa onshore while I am on Student Visa.

My question is:
1) Does it work if I apply for Student Visa while on 457 in Australia, and apply for partner visa while holding Student Visa?
2) Do I actually need to ask my company to inform IMMI regarding the cancellation? Or If I apply for Student Visa while on 457, after I am granted Student Visa (when Student Visa is in effect), I do not need to follow the 457 rules anymore and can look for other jobs? as long as I stick to the working rights of student visa (40 hours fortnightly)

Or is there any other better options?
Your responses will be very much appreciated!!
 

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1 - you can apply assuming your 457 doesn't have any conditions preventing it. The same goes for applying for the partner visa. (Be careful with this route there are plenty of pitfalls on it - you may be well advised to get some professional advice.)

2 - your company is obligated to inform immigration when you finish working for them.

2 - if you are granted a student visa the 457 will cease, you will be bound by the requirements of your student visa.
 

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I'd speak with a migration agent since there may be a couple of issues.

  • student visas have Genuine Temporary Entrant criteria so you'd need to convince Immigration you don't intend to live in Australia permanently
  • usually student visas require you to enrol in a course of study that makes sense for your career so you need to keep that in mind when looking at courses.
 

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The most straightforward solution would be to apply for a partner visa as soon as possible, stick it out on the 457 visa and maybe look for a more agreeable sponsor in the meantime. In the long run this is the probably the least painful route. I have been getting 820 applications through in 9 months lately, so maybe processing times are improving.

Going the student pathway may create all sort of added complications. If you declare your relationship (and you must), it will be hard, if not impossible, to meet GTE requirements.
 

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Discussion Starter · #5 ·
1 - you can apply assuming your 457 doesn't have any conditions preventing it. The same goes for applying for the partner visa. (Be careful with this route there are plenty of pitfalls on it - you may be well advised to get some professional advice.)

2 - your company is obligated to inform immigration when you finish working for them.

2 - if you are granted a student visa the 457 will cease, you will be bound by the requirements of your student visa.
Hi Mania,

Many thanks for your reply. It seems like a lot of people have been telling me it's not a good option to go 457 - Student Visa - Partner Visa.

I will think about it, and perhaps try sticking to the current employer for another 1-2 years until I get my partner visa TR. The processing time of 20- 25 months is really torturing.
 

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Discussion Starter · #6 ·
I'd speak with a migration agent since there may be a couple of issues.

  • student visas have Genuine Temporary Entrant criteria so you'd need to convince Immigration you don't intend to live in Australia permanently
  • usually student visas require you to enrol in a course of study that makes sense for your career so you need to keep that in mind when looking at courses.
Hi Maggie,

Thanks for your reply. I am actually a bit confused regarding the course of study to enrol in. I have consulted another person online (he helps people with getting student visa), he says exactly the same thing as you. But if I were to enrol in a course, I am actually more prone to learn some new skills (different from what I previously study). But assuming that is a bad choice?

Also, I am currently holding a Bachelor Degree, does it seem bizarre and not genuine if I decided to enrol in a Tafe course?
 

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Discussion Starter · #7 ·
The most straightforward solution would be to apply for a partner visa as soon as possible, stick it out on the 457 visa and maybe look for a more agreeable sponsor in the meantime. In the long run this is the probably the least painful route. I have been getting 820 applications through in 9 months lately, so maybe processing times are improving.

Going the student pathway may create all sort of added complications. If you declare your relationship (and you must), it will be hard, if not impossible, to meet GTE requirements.
Hi Nick,
Many thanks for your reply. 9 months of processing time sounds very encouraging!! Is it some rare cases though?

I understand that the best option would be to go for partner visa directly from 457. I am wondering, let's say I quit my job while my partner visa is under process, assuming I need to apply for bridging visa E (without work rights). Is there any chance I can request for the work rights? As to be honest, my partner and I are not financially stable.

And someone actually told me if I apply student visa (it might be refused), as I am a bachelor degree holder currently, and going for a tafe course looks ingenuine. But I can't afford those pricey school fee for Master courses.

It seems like the best way would be to apply partner visa directly while holding my 457 visa?
 

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Hi Maggie,

Thanks for your reply. I am actually a bit confused regarding the course of study to enrol in. I have consulted another person online (he helps people with getting student visa), he says exactly the same thing as you. But if I were to enrol in a course, I am actually more prone to learn some new skills (different from what I previously study). But assuming that is a bad choice?

Also, I am currently holding a Bachelor Degree, does it seem bizarre and not genuine if I decided to enrol in a Tafe course?
If you enrol in a TAFE course in your discipline I wouldn't expect a visa would be granted.
 

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Discussion Starter · #10 ·
Hi Maggie,

Thanks for your reply. I am actually a bit confused regarding the course of study to enrol in. I have consulted another person online (he helps people with getting student visa), he says exactly the same thing as you. But if I were to enrol in a course, I am actually more prone to learn some new skills (different from what I previously study). But assuming that is a bad choice?

Also, I am currently holding a Bachelor Degree, does it seem bizarre and not genuine if I decided to enrol in a Tafe course?
If you enrol in a TAFE course in your discipline I wouldn't expect a visa would be granted.
Hi Mania, understood. Many thanks for your valuable advice! Much appreciated!
 

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Discussion Starter · #13 · (Edited)
Is a Work and Holiday visa an option?

Might be tricky being on the 457 and in Australia I guess for some time.

There is a age limit on work holiday visas.

https://www.homeaffairs.gov.au/trav/visa-1/462-
Hey,

I am not sure if I can choose to go for this option as it appears that working holiday visa can only be applied when the applicant is outside Australia.

Aww if there's no other options, I might end up sticking to the current employer and apply for partner visa.
 

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Hey 🙂

I am not sure if I can choose to go for this option as it appears that working holiday visa can only be applied when the applicant is outside Australia.

Aww if there's no other options, I might end up sticking to the current employer and apply for partner visa.
Nothing to prevent you going home applying and immediatly coming back in on your 457.

If the first working holiday is granted then apply 820 and will have open work rights (6 months per company).

You would still need to wait for the WHV to be granted but that is typically a much shorter wait then 820.

If it is not granted then all you lost was the cost of flights.
 

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Hi, I am from Malaysia (don't suppose it is a high risk country) and I am 26 this year.
Does age affect much as well?
It looks like Malaysia has become a high risk country., because of widespread fraud and high number of overstayers and protection visa applications.

I have seen reports of longer processing time, higher scrutiny and an increase in refusals for Malaysian nationals.
 

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Discussion Starter · #18 · (Edited)
Nothing to prevent you going home applying and immediatly coming back in on your 457.

If the first working holiday is granted then apply 820 and will have open work rights (6 months per company).

You would still need to wait for the WHV to be granted but that is typically a much shorter wait then 820.

If it is not granted then all you lost was the cost of flights.
Hey Mania,

Thanks. I get what you mean now. This way sounds good as well, as I can change employer and will be having work rights.
Can I though, apply for a working holiday visa while I am on 457?

And let's say I do, and if my working holiday visa doesn't go through, will I be having a visa refusal record which might affect 457 or any future application?
 

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Discussion Starter · #19 ·
It looks like Malaysia has become a high risk country., because of widespread fraud and high number of overstayers and protection visa applications.

I have seen reports of longer processing time, higher scrutiny and an increase in refusals for Malaysian nationals.
Oh no, that's a bad news. :(
 

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Oh no, that's a bad news. :(
I stick by my original comment. Lodge a partner visa application, try and find a new 457/482 sponsor and stay with the current sponsor in the meantime.

Why complicate things with all sort of convoluted pathways with uncertain outcomes?
 
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