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Discussion Starter · #1 ·
Hi Friends,

I have applied for PR 190 subclass on my own (not employer sponsored). My 457 with current employer has expired and I am BVA now in Melbourne.

I am planning to find a new employment now. Will there be any restrictions on BVA in terms of employers i.e., should my new employer transfer this BVA from my current employer? I am asking this because the conditions for BVA states that the work rights are same as previous 457 visa.

Can someone help me with these details?
Thank you.
 

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Read your BVA grant notice carefully and it should explain any conditions that limit your work entitlement. If you refer back to your 457 visa, you'll be able to see how the conditions are shown and explained.
 

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Discussion Starter · #4 ·
Thank you for the information.

Yes, my 457 has 8107 work conditions.
While I was reading the details related to 8107, there is a exclusion to this rule saying " The employee needs to serve out a notice period with the previous employer".

Does this mean that if I serve an official notice period with my current employer, will this rule be excluded from my BVA for PR 190 subclass?
 

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Thank you for the information.

Yes, my 457 has 8107 work conditions.
While I was reading the details related to 8107, there is a exclusion to this rule saying " The employee needs to serve out a notice period with the previous employer".

Does this mean that if I serve an official notice period with my current employer, will this rule be excluded from my BVA for PR 190 subclass?
No, it means if you find a new sponsoring employer while you hold your 457, you can and should serve the notice period with your previous employer before starting work for the new sponsor.
 

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Discussion Starter · #6 ·
Thank you. So does it imply if I breach 8107 then my dependants visas will also be cancelled?
In general, how much time would it take to transfer my visa to a new employer?
And should my new employer sponsor for my dependants as well ( currently they are in Australia)?
 

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If you don't have condition 8107 on your BVA, then it's not possible to breach it. Read your BVA grant notice to see what conditions may apply. If your 457 has expired and you have a new employer to sponsor you, I assume you'd need to apply for a new 457 visa. If you've already applied for a 190 visa, then I don't see the point in applying for a 457 visa since that would take you backwards (moving from PR to temporary visa).
 

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Discussion Starter · #9 ·
Hi Maggie,

Thank you for helping me out here.
Currently I found a new employer who is willing to transfer my bridge visa rather applying a new temporary visa (as 457 conditions apply for BVA). But till my new employer finishes off the nomination process I will not be able to work with them legally.

By the time the nomination is approved - either I can breach the 60 days duration mentioned in 8107 conditions or I might loose the employer.

If the above happens, can my husband, who is a dependent (currently working on BVA) continue working?

Mine & my husband's BVA shows "No Conditions" in the section - Bridging visa conditions.
 

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Please someone correct me if I'm wrong, but with a 189/190 visa, I thought that when you get the BVA waiting for your visa to be processed, you have full work rights. I was going to apply for the 189 from an ETA and that's what I remember reading. Of course, that was 2 years ago, so I can't be certain it's still the same.
 

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Ok, this is what I found concerning work rights:

In general, a Bridging A visa will have the same work rights as the visa held at the time of application. For instance, in Frank's case, his Bridging A visa will have the same 6-month work limitation as his Working Holiday visa (ie condition 8547). However, if he held a visitor visa when he lodged, he would have no work rights on his Bridging A visa as a visitor visa does not allow work in Australia.

In other cases, the Bridging A will have unlimited work rights. This is the case where the person has applied onshore for an ENS (subclass 186), RSMS (subclass 187) or General Skilled Migration visa (subclass 189, 190 or 489).
 
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