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Thanks Previs for your sharing. I guess I need to get more insights from migration agents. This transition is stressing me ^^

Yes, my student visa expires tomorrow:)

Finallyyyy :()...
Hi Miri, did you get the acknowledgement letter of BVA telling you that you can work without restricted number of hours? I read somewhere here, people can only work on BVA with the same number of hours with the previous visa held. Hopefully it s not so.
 
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I'm not a migration agent, but...

As stated, your BVA does not come into effect until after your 457 expires naturally. What happens if you cancel your 457 (or you breach the work conditions, getting it cancelled) before it expires, is that you LOSE the Bridging Visa A and end up on a Bridging Visa E, which has NO work rights and NO travel rights. Hardly a good way to go.

If you do find yourself on a BVE, you can apply for work rights based on hardship if you can prove financial hardship, but approval is not guaranteed. And you won't be able to get travel rights, so you can't travel outside Australia or you risk not being allowed back in again -- and an 820 can only be granted if you are actually in Australia.

So you'll be dealing with all these restrictions during the entirety of the 820 application process, which can take over a year. Obviously it's a much better solution to not cancel your 457 in the first place.
 
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Thanks Previs for your sharing. I guess I need to get more insights from migration agents. This transition is stressing me ^^

Hi Miri, did you get the acknowledgement letter of BVA telling you that you can work without restricted number of hours? I read somewhere here, people can only work on BVA with the same number of hours with the previous visa held. Hopefully it s not so.
Partner visa applicants get unrestricted work rights with a BVA. But see my post above re: 457 cancellation and BVE.
 

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Thank you very much for your prompt reply Collegegirl. :)
 
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What happens if you cancel your 457 (or you breach the work conditions, getting it cancelled) before it expires, is that you LOSE the Bridging Visa A and end up on a Bridging Visa E, which has NO work rights and NO travel rights. Hardly a good way to go.
In addition, if you lose your job (or quit I suppose) and then apply for an 820/801 during the 90 day period, you will have met the obligations of the visa and it won't be cancelled. Or at least it's very unlikely that it would be cancelled. But it might as well be, because the restrictions on working will remain in place, and you'll have to wait around until the 457 expires naturally before the BVA comes into effect. The only real difference is you won't have to worry about the BVE and you will at least know that if the 820 takes a very long time, you will eventually switch to a BVA. Hope that all makes sense.

The best thing is to try and remain in the work for which you are being sponsored on 457, or find a new sponsor, until a decision is made on the 820.
 

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Thanks Previs. The company may close down in few months. So, it is hard time for me now thinking forward
 
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Hi Miri, did you get the acknowledgement letter of BVA telling you that you can work without restricted number of hours? I read somewhere here, people can only work on BVA with the same number of hours with the previous visa held. Hopefully it s not so.[/QUOTE]

Sorry, just saw your question :)
Yes, it said once your BVA comes into effect you will have full work rights, without any restrictions!
At the time I applied my student visa was still valid a couple of days.. Now "enjoying" to work full time and finally be able to start saving some money and not struggling to pay the VISA fee and tuition fees anymore :D
 

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Hey guys, nice to belong to this waiting room.

I sent our 820 application stuff this past friday (11.04.14). Now the waiting game continues. Hopefully they send me the acknowledgement of receipt soon.
 

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Any updates? Anyone granted lately? Heard they were up to June 2013? Anyone can confirm that?
 
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Thanks Previs. The company may close down in few months. So, it is hard time for me now thinking forward
I have confirmed with the immigration. So anyone who may have the same stuation with me, yes you can worry free if you need to leave your employer who sponsored your 457 visa once you have applied for the partner visa :)))))
I will submit my application next week once I receive my relationship certi
 

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I have confirmed with the immigration. So anyone who may have the same stuation with me, yes you can worry free if you need to leave your employer who sponsored your 457 visa once you have applied for the partner visa :)))))
I will submit my application next week once I receive my relationship certi
Hi JP,

I'm interested in finding out more about what you mean by 'you u can worry free if you need to leave your employer who sponsored your 457 visa'. Did immigration advise you if you leave your 457 sponsorship employer you could go on a BVA instead of a BVE? Would this only be the case if the company closed down or would it be the same for anyone who quit or were let go from their job etc.?

Thanks,
 

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Hi JP,

I'm interested in finding out more about what you mean by 'you u can worry free if you need to leave your employer who sponsored your 457 visa'. Did immigration advise you if you leave your 457 sponsorship employer you could go on a BVA instead of a BVE? Would this only be the case if the company closed down or would it be the same for anyone who quit or were let go from their job etc.?

Thanks,
It is actually part of "the obligation" as mentioned on the immi website, when you are not working for your employer anymore, you have to do one of the solutions within 90 days: find new sponsoring employer, apply for a different visa, or leave the country. And when I confirmed on my situation with the immi staff, yes i dont have to worry once I apply for a partner visa and i dont work for the sponsoring employer anymore
 

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Ok Thanks. So this would only be the case if you have left your employer before applying for a partner Visa. You would have to apply for a partner visa within the 90 days after notifying immi that you are no longer with your 457 employer.

If you are still on 457 sponsorship and have applied for a partner visa already then you are still restricted to the 457 visa regulations and if you leave your job after applying for a partner visa you lose your BVA and have to either find a new sponsoring employer, apply for a different visa, or leave the country. Is that correct?

I'm on a 457 and have applied for a partner visa so I have always been a bit confused on what would happen if I quit or lost my job while waiting for the partner visa to come through.
 

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From what I recall another poster saying a few months back, if you have already applied for a partner visa and after that you choose to leave your 457 sponsor, typically you would lose your 457 after 90 days and the bridging visa along with it. However it seems DIBP has often taken the viewpoint that since you already have another visa in process (the partner visa), they will not cancel the 457. So the positive aspect is that you don't lose the visa that allows you to remain in the country. However you are still on a 457 visa so that means you can only work for another nominating employer.

That's how it seems some other posters have had their visas processed, but I'm not sure if this is always the case so rather than say "you can worry free", I'd personally take a more cautious approach. And DIBP has often been known to give incorrect information when people call asking questions, so that's another reason I'd take a more cautious approach.
 

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I would speak to a migration agent on the matter of 457 visa requirements after lodging a partner visa if leaving your employer (voluntarily or otherwise) is a possibility. DIBP often give out incorrect information and are NOT held accountable when they do so.

DIBP call centre staff in particular, seem to have a penchant for giving out incorrect and sometimes devastatingly bad advice. Migration agent is the way to go because A) they work for YOU (not the government) and B) unlike DIBP staff, they actually ARE held accountable for the advice they give, so bad advice can be as detrimental to them as it is to you.

Good luck!!
 

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Thanks StarHunter. I ll see what other migration agent said too
 

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Discussion Starter · #218 ·
Still waiting for my 820 onshore de facto... this week it will have been exactly 15 months since we applied. The two couples around us that we have known since who also applied, have both already been granted (both within a year).

I have to say this is getting really frustrating. Frustrating and nerve wrecking. Some of you may have seen my other thread but a brain tumour was found in my fiancé's head 3 months ago and the treatment is ongoing and he is NOT coping well with it. Just the thought of us getting rejected - even if the chances were only 1% - is just too much to bear right now. It all feels so small compared to life and death. My fiancé would end up with permanent brain damage and immigration would like to see my receipts for restaurants... angry things come to mind. It almost is starting to feel like a game. I mean honestly - nobody is asking us questions, we know we have a case officer but we have not been asked for any additional information or have heard a single word... good for you guys that you're busy, we're pretty occupied at the moment too... getting really sick of this waiting game.

I just don't understand anymore. Why they can't just talk to us. Have an interview, communicate on the status, something. I have not been profiting off Australia. I have not been to the doctor here once since we applied, I have not asked for support from Medicare or any other institution, I have been working my butt off as the breadwinner, I have been taking care of a sick partner - do I look like I'm taking advantage of your country, DIAC? Like I'm here for that? Sick of my life being in a stranger's hands.
 
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Hugs to you and your fiancé, Nelly!

I can imagine the uncertainty is very nerve wracking. Fingers crossed you get your approval soon xxxx
 
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