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

My partner is an Italian citizen, here on a 457 visa. We applied for a partner visa in March 2014. We were allocated a case officer for his partner visa in this year and sent all info requested in about a month ago. We still haven't heard back regarding this, which concerns me as everyone else I've spoken to said they got their visa within a couple of days of uploading info requested. Any thoughts on this appreciated.

Meanwhile, my partner is no longer physically able to work for his 457 visa sponsor. We informed immigration of this at the time. It's been a few months now, but there's been no further contact from this about this. He has a very serious injury and needs surgery so no more manual work.

My partner is however quite stubborn and wants to do some work and have the surgery in a few month's time, against the surgeon's advice to have the surgery ASAP. We don't have much money at the moment and my partner would like to save up money before he undergoes the surgery and will be bedridden for a few months.

So my questions are:
- is it worth while writing to someone (our partner visa case officer? the 457 visa section?) to ask if condition that he work for one employer ** can be removed from his 457 visa? He could therefore work for anyone, and in a job which won't endanger his health, for a few months before the surgery.

- would it be better to write to our case officer and ask if she can expedite processing of his case? Once he gets the partner visa, he can work for anyone. I don't know if our circumstances amount to compelling and compassionate reasons for expedited processing. Or if they even need to amount to compelling and compassionate to request expedited processing in this case? Wise advise appreciated!

** edited: to remove incorrect reference to condition 8510
 

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Hi MsP,

I am so sorry to hear what happened to your partner. I know it is hard to find a new sponsor if the position is not on demand. I am not sure if this can be a reason for the COs to expedite processing his case. However, I am pretty sure the other option that will be suggested to you is to cancel his 457 visa but it comes with consequences. I have posted about this on the other thread that was made by CollegeGirl two days ago. I hope your partner will hear a good news soon so he can find an appropriate job that suits his condition.

http://www.australiaforum.com/visas...sa-wait-time-resources-feedback-thread-3.html
 

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I've never heard of being able to remove conditions about staying with the nominating sponsor since that's pretty much the main condition of a 457 visa. He could ask his case officer about expediting his partner visa application, but I doubt it would be considered sufficiently compelling and compassionate reasons.

I think his best option is to have the surgery so he can then return to work for his employer.
 

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Is the surgery covered by medicare?
 

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Discussion Starter · #6 · (Edited)
Thanks all. Apologies for confusion about referring to condition 8501; have just been setting up access to Medicare so head is full of various matters. Have modified my original post to reflect that but can't change the title of the thread.

A migration agent we saw suggested that we ask DIBP to remove the condition that he work for one employer from his 457 visa; that's where I got the idea from. Medical specialists don't have this condition, for example.

He can't ever go back to work for that employer; he'll be physically incapable of doing that kind of heavy manual work after his surgery.
 
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