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Discussion Starter · #1 ·
Good day, I have been in AUS for 3 years with a 457 visa (which my current employer sponsored for me) in that time I met my partner (australian) and now we have been together for almost 2 years and living together for a little bit over a year, unfortunately situation in the company has changed significantly and I don't really feel like working for them anymore, could I apply for a partner visa with my partner as sponsor so I could quit my job and still stay in Australia ? and what are my rights if the partner visa is granted i.e. will I be able to work full time?, how long would I need to wait for the visa to be granted?
 

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Good day, I have been in AUS for 3 years with a 457 visa (which my current employer sponsored for me) in that time I met my partner (australian) and now we have been together for almost 2 years and living together for a little bit over a year, unfortunately situation in the company has changed significantly and I don't really feel like working for them anymore, could I apply for a partner visa with my partner as sponsor so I could quit my job and still stay in Australia ? and what are my rights if the partner visa is granted i.e. will I be able to work full time?, how long would I need to wait for the visa to be granted?
You will have to continue to meet the visa conditions of your sc. 457 visa, incl. employment conditions, until your bridging visa takes effect. The bridging visa won't come into effect until your current visa ceases.

If your sc. 457 visa is cancelled ( for example because you no longer work for the sponsor) your bridging visa will be cancelled as well and you will become unlawful.

My advice would be to get the partner visa application in as soon as possible and stick with your current employer until the sc. 457 visa expires or is replaced by the partner visa.

You could of course also change sponsors, but maybe not a good idea with the upcoming changes in March.
 

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Discussion Starter · #3 ·
Thanks for your response, what would happen then if I cease working for my current employer (I either quit or my company make me redundant) without having applied yet for any other visa, could I apply for a partner visa after my relationship with my employer finish? I understand that I can still stay legally on the country for up to 90 days, could I apply for the partner visa during that period? If so , could I then work if the visa is granted?

Thanks
 

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Thanks for your response, what would happen then if I cease working for my current employer (I either quit or my company make me redundant) without having applied yet for any other visa, could I apply for a partner visa after my relationship with my employer finish? I understand that I can still stay legally on the country for up to 90 days, could I apply for the partner visa during that period? If so , could I then work if the visa is granted?

Thanks
As long as you have a valid substantive visa, you can apply for an onshore partner visa without having to address the problematic schedule 3 criteria.

The problem is that if your sc. 457 visa does not cease by itself, but is cancelled, your bridging visa associated with your partner visa application, will be cancelled as well.

As long as your sc. 457 is in effect, you can only work for the sponsoring employer. I imagine that after March 2018, it won't be possible anymore to lodge new sc. 457 nominations and find a new sc. 457 sponsor, so I don't know what would happen to people who are no longer working for their sponsor after the sc. 457 system is closed for new applications.

Again, my advice would be to get the partner visa application in as soon as possible and stick with your current employer until the sc. 457 visa expires or is replaced by the partner visa.
 
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