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Discussion Starter · #1 ·
Hey :)

I need help!

I'm originally from the UK and currently under a 457 sponsorship which started October 2016.
I hate my job, i have done for a while now. As my boyfriend has lived in Australia for over 4 years he has PR and is due to apply for citizenship in the next few months.

We've been together and living together since around February/March 2016 with the lease in our names, joint back accounts, met families etc have heaps of evidence to back us up.

I excitedly asked our Visa Agents to arrange a case for me to apply for the 820/801 visa so i was able to leave my job and continue on the 820 visa whilst i decision was made. Unfortunately, i was told as my 457 is still active, the 820 visa will only come into effect if my 457 runs out (which will be in another 2 years).

The waiting time for the 820/801 visa just keeps going up and up.
It's now at 20-25 months, which means if i apply for it now i will have to be in this job for nearly 2 more years :eek:

We've recently found out applying for De Facto PR out of the country has a quicker turnaround, of around 11 months. So i'm even considering cancelling my 457 visa, and moving back the UK whilst i wait for the visa decision. My boyfriend will not be able to leave Australia with me for 11ish months, due to his work commitments :( Or maybe moving to New Zealand and applying there whilst i wait for a response as it's more realistic he will be able to fly over monthly to visit me. Both options aren't really ideal for us.

These are the only 2 options that i'm aware of at the moment. I'm wondering if anyone knows if it's quicker if i apply for the 309 visa from New Zealand or UK?

I wouldn't want to go onto a student visa as i wouldn't know how i could pay for a student visa, and De Facto PR visa whilst working on the 20 hours a week for students.
I'm unfortunately sponsored under a strange work title due to the Sponsorship List at the time of my 457 application, so getting somebody to take on my sponsorship would be near impossible.

Is there any other way of cancelling my 457 visa, without effecting my future visa application, so i'm able to apply for the 820 visa in Australia so i can automatically go onto the bridging 820 visa working rights whilst they reach a decision?

Any advise would be greatly appreciated!

Thanks
 

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The sc. 820 would come into effect as soon as it is granted and replace whatever visa you’re on. The associated bridging visa would not come into effect until the sc. 457 ceased. If the sc. 457 was cancelled, the bridging visa would be cancelled too and the whole thing will become quite problematic.

There are few options other than the ones you have mentioned and it is impossible to say which one would be the better and quicker way.

It is technically possible to apply for a short tourist visa ( with the purpose of replacing the sc. 457 visa), then ( if granted without “ no further stay”), apply for the sc. 820. This scenario would be totally dependent on the goodwilll of the case officer.

The safest solution would be to apply for the sc. 820 and stick it out in your job or find another sponsor. I can’t tell you if changing sponsors is an option after the upcoming March changes.
 

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Discussion Starter · #3 ·
Hi CCMS,

Thank you for your response!

I am looking at the possibility of finding a new sponsor.

You mentioned changing sponsor may not be an option after changes in March, do you know what changes they might be that could effect this as that was the route i was going to try and go down this month!

Thanks
 

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Hi CCMS,

Thank you for your response!

I am looking at the possibility of finding a new sponsor.

You mentioned changing sponsor may not be an option after changes in March, do you know what changes they might be that could effect this as that was the route i was going to try and go down this month!

Thanks
Once the 457 visa has been replaced by TSS, no further 457 nominations can be lodged. To change sponsors, the new employer must have a valid 457 nomination in place, but once the 457 system has been abolished no more 457 nominations can be lodged. I am not sure if you can transfer across under the new system and what the procedure will be. I imagine there will be a number of transitional arrangements, but am unable to advise you at this stage.
 

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Discussion Starter · #5 ·
Hi CCMS,

You were completely right. How ironic just when i had found a 457 transfer sponsor the 457 no longer exists. They abolished it as of Sunday 18th March 2018!

We're sort of back to square one. The transfer sponsor i found maybe able to look into the 457 replacement of TSS/482 visa to get me transferred out of my job for me to then be able to apply for the 820 De Facto visa.

Do you know the processing time for the 482 visa? Will it be the same time as the 457 visa had been as of this month? I can't see to find information on processing time for the new 482 visa.

Your advise is greatly appreciated!
 

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Do you know the processing time for the 482 visa? Will it be the same time as the 457 visa had been as of this month? I can't see to find information on processing time for the new 482 visa.
It is too early to say anything sensible about the sc. 482 visas. I suggest you have a good look at the requirements and relevant skills lists.I am not sure about what transitional arrangements (if any) there are for existing sc. 457 visa holders and sponsors.

In the meantime, you may want to get the partner visa application under way, unless you qualify for one of the permanent skilled or employer sponsored visas.
 

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Discussion Starter · #8 ·
Hi CCMS,

Again, you could be right. I think we've been advised to apply for the 820 visa to get it under way, and it is possible to leave/cancel my current 457 visa only once I've been requested to do my health/police check.

I was advised it's likely they will request this infomration after around 2 months, which seems optimistically early considering the waiting list for 820 is 20+ months.
Do you know the timeframe of when they ask for you to apply your health/police check.

My concern is i apply for the 820 believing i can cancel it shortly when they request the health/police check and they don't request it from me for 12+ months!

Thank you
 

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Discussion Starter · #9 ·
Hey,

Unfortunately i'm not eligible for a holiday working visa/417 as I've already used that visa when i first came to Australia back in late 2015!

My goal is to leave my current 457/job (as finding it unbearable) and go onto an alternative visa/job whilst lodging my 820 application.

If that is not possible, the last option would be for me to leave the country and apply for a 309 visa which will mean leaving my partner, but having a quicker turnaround as 309 processing time is around 11+ months, whilst the 820 is at 20+ months.

Any advice is appreciated!

Thanks
 

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Leave - tourist visa or eta - apply 820. (NFS dependent).

The waiting times are listed as within. All grants from day 1 to 20 months are classified under within. Do not take this time as a "you will wait 20 months".

Front loaded applications are being granted in a lot less time as of late,there has been a flurry of 3 and 4 month processed applications.

Medical and police check they will ask you when they need it or an initial document reader may request it on first pass thru your application. Alternatively you can upload it instantly so your application is front loaded in the hope of a quick grant. If you don't get it then you just need to do the medical and police cert again.
 

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Another 457 - 820

Hi

I am going to be in a somewhat similar situation to you.
I am currently on a 457. Met my other half at work. We are elgible to apply for the de facto in May. So getting all the info / tips / etc I can before them. It's honestly just getting scary! lol

We are both wanting to leave our jobs, but we make good money and I HATE not working.
I will have another year+ left of my 457. My first thought was that we would apply for the 820 and then leave our jobs, effectively cancelling my 457 and then the bridging visa would start....? Will that even work? I can't find a clear answer on that of course - there is so much contradicting info out there. I would hate to be stuck without a visa I could work on. I would be bored out of my mind , plus we are trying to save for a wedding / house / life in general.
To make things more confusing - we want to take 4-6 weeks and travel to Canada so he can meet my family / friends. I know having joint travel proof / statements from both fams etc will help our application. So I don't know if I should come back on a tourist visa, THEN apply for the 820... but by the sounds of it the bridging visa wouldn't come into effect until the tourist visa ends - those are minimum 3 months if I recall... So 3 months of not working...
I have no clue what to do really. I just don't want to screw this up. I'm glad I've found someone in a similar situation as me so I'm not alone - but I feel for you! Would love to be informed of what you do about this!
 

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Cancelling a 457 cancels the bridging visa, you become unlawful and then go onto a bridging visa E - you are potentially causing problems for yourself by going down that route.

Correct in your comments on tourist visa and 3 months.
 

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Another possible option (no clue if this will work)
Leave my job and the 457 gets cancelled.
I THINK there's some kind of bridging visa in the meantime... (correct me if I'm wrong)
Apply for the 820 while on THAT bridging... Would get me the 820 bridging that allows me to work?
Then I could apply to travel to go home for the family visit...?

I'm grasping at straws here.....
 

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Another possible option (no clue if this will work)
Leave my job and the 457 gets cancelled.
I THINK there's some kind of bridging visa in the meantime... (correct me if I'm wrong)
Apply for the 820 while on THAT bridging... Would get me the 820 bridging that allows me to work?
Then I could apply to travel to go home for the family visit...?

I'm grasping at straws here.....
If the 457 visa is cancelled, any bridging visa would probably be cancelled as well.

Even if you had a bridging visa, it would mean you'd have to meet additional schedule 3 requirements if you applied for a sc. 820 as the holder of a bridging visa.
 

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KandMCookwinAnother possible option (no clue if this will work)

** It wont work.

Leave my job and the 457 gets cancelled.
I THINK there's some kind of bridging visa in the meantime... (correct me if I'm wrong)

** You will have no visa if the 457 is cancelled - You then need to apply for a Bridging Visa E (evil).

Apply for the 820 while on THAT bridging... Would get me the 820 bridging that allows me to work?

** No you stay on the Bridging Visa E with No Travel Rights or Work Rights, you can apply for work rights.

Then I could apply to travel to go home for the family visit...?

** No travel rights on a Bridging Visa E = NO TRAVEL AT ALL!

I'm grasping at straws here.....

** Yes.
** Additionally you would then also need to meet Schedule 3 criteria.

In short a very bad plan.
 

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Discussion Starter · #16 · (Edited)
Hey,

Does anyone know the likelihood of being granted a 600 visitor visa whilst a 309 application is submitted?

We're looking to lodge my 309 visa in a month and obviously being in a relationship with my partner in Australia is going to make it difficult being away from each other with the current processing times of 11 months.

Is it easy to apply for a 600 visa so i'm able to live with my partner for 3 months during the 309 process?

Also, we've been in a relationship since December 2015 and have join bank account/rent since March 2016. Should we still register our relationship for supporting evidence?
We've been together for over 2 years now and have the leases/statements etc to proof this, but if it helps our case we went spend the $200 to register our relationship also.


Thanks
 
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