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Discussion Starter · #1 ·
Hi all,

I'm new to the forum, but have been reading without an account for a long while now. I hope somebody can help me here.

I am 1 year into my 457 visa, which has a stay period until 2021. I desperately want to leave my job - I am being bullied by one of my bosses. It is awful. I have reported the issue to HR on multiple occasions but they seem unable to create any change. Senior management are unwilling to let me change my role away from him ("we employed you for this specific role").

I am in a long-term relationship with my Australian partner, and want to apply for an 820 visa. But I have recently read another thread which says if I apply for an 820 visa, the usual bridging visa with working rights will not be effective if I quit the 457 job, and I will be left without working rights.

I'm terrified at the thought of having to stay in this job until 2021.

What are my options? Shall I quit my job and then apply for an 820? Shall I just submit an 820 whilst on 457?

What will happen if my employer does not renew my contract at the 2 year mark? Will that be the only way to be freed? Should I try to get fired? Even worse, what if they keep offering me employment beyond the 2 year mark?

How can I leave the job and stay in Australia?
 

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Off the top I of my head I have a few ideas of ideas.
- Leave Australia and go back to the UK and apply for a 309/100 and catch up with friends etc while waiting for the visa
- Go offshore and cancel your 457 visa and then come back on a eVistor (or ETA .. I can never remember which country uses what) and then apply for an 820 - you won't be able to work until the 3 month period of the tourist visa ends
- Apply onshore and cancel your 457 visa after you have applied but that will give you a BVE (this is not a recommend option if you can avoid it) and you will have no travel rights or work rights but you can apply for work rights.

When you say long term relationship how many years is that? If you have been married and/or de facto for 3 years (2 years with a child) you will go straight to PR.
 

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Discussion Starter · #3 ·
Off the top I of my head I have a few ideas of ideas.
- Leave Australia and go back to the UK and apply for a 309/100 and catch up with friends etc while waiting for the visa
- Go offshore and cancel your 457 visa and then come back on a eVistor (or ETA .. I can never remember which country uses what) and then apply for an 820 - you won't be able to work until the 3 month period of the tourist visa ends
- Apply onshore and cancel your 457 visa after you have applied but that will give you a BVE (this is not a recommend option if you can avoid it) and you will have no travel rights or work rights but you can apply for work rights.

When you say long term relationship how many years is that? If you have been married and/or de facto for 3 years (2 years with a child) you will go straight to PR.
Thanks for your reply. I'm so grateful for all the advice, and any more to come.

In the first scenario: If leave Australia for the UK and apply for a 309 visa offshore whilst my partner remains in Australia, does this mean that my partner and I will be counted as being "apart"? Or still in a relationship? I would worry that this would count against our application.

In the second scenario: Would it be counted against me if I cancel my 457 visa? Do I do this by contacting DIBP or is this done automatically?

In the third scenario: Why is the BVE the least reccommended option? Is it because I would have a strike for esentially becoming unlawful? How likely would it be that work rights would be granted on the BVE, and how long would it take?

We have been in a relationship for 2 years, and have lived together for 1 year.
 

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In the first scenario: If leave Australia for the UK and apply for a 309 visa offshore whilst my partner remains in Australia, does this mean that my partner and I will be counted as being "apart"? Or still in a relationship? I would worry that this would count against our application.
You are considered still to be in a relationship but living apart so you would need to provide evidence of contact while apart. There are quite a lot of people that do this and don't have an issue. It is all about the evidence that you provide.

In the second scenario: Would it be counted against me if I cancel my 457 visa? Do I do this by contacting DIBP or is this done automatically?
Once you are offshore you would notify DIBP that you wish to cancel your 457 visa.

In the third scenario: Why is the BVE the least reccommended option? Is it because I would have a strike for esentially becoming unlawful? How likely would it be that work rights would be granted on the BVE, and how long would it take?
It is least recommended because you do have travel rights so that means that if you leave Australia on a BVE you cannot come back in to Australia on a BVE. It is all up to DIBP if they grant work right. You show them evidence of your financials etc and they determine if they will grant the work rights or not. I am not sure how long it takes for the work rights but at a guess I would say a few weeks or a month or so. You could try search the forum to see how long people are waiting.

We have been in a relationship for 2 years, and have lived together for 1 year.
You would not get PR straight up so you would need to submit documents for the second stage (PR) after 2 years.

The second stage at the moment is taking longer than 12 months so whatever way you want to go the sooner you apply the better as then you have started the count down to the second stage.
 

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Discussion Starter · #5 ·
You would not get PR straight up so you would need to submit documents for the second stage (PR) after 2 years.

The second stage at the moment is taking longer than 12 months so whatever way you want to go the sooner you apply the better as then you have started the count down to the second stage.
If we apply for the 820, and during the process, pass the 3 year mark on our relationship, will I get PR stratigh on grant of the 820? Or will I still have to follow the 2 year wait route?
 

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Hi all,

I'm new to the forum, but have been reading without an account for a long while now. I hope somebody can help me here.

I am 1 year into my 457 visa, which has a stay period until 2021. I desperately want to leave my job - I am being bullied by one of my bosses. It is awful. I have reported the issue to HR on multiple occasions but they seem unable to create any change. Senior management are unwilling to let me change my role away from him ("we employed you for this specific role").

I am in a long-term relationship with my Australian partner, and want to apply for an 820 visa. But I have recently read another thread which says if I apply for an 820 visa, the usual bridging visa with working rights will not be effective if I quit the 457 job, and I will be left without working rights.

I'm terrified at the thought of having to stay in this job until 2021.

What are my options? Shall I quit my job and then apply for an 820? Shall I just submit an 820 whilst on 457?

What will happen if my employer does not renew my contract at the 2 year mark? Will that be the only way to be freed? Should I try to get fired? Even worse, what if they keep offering me employment beyond the 2 year mark?

How can I leave the job and stay in Australia?
The easiest solution would be to find another employer to take over the sponsorship at some stage. Not sure how that is going to work after March 2018 when no new 457 nomination applications can be made or if an employer could take over the sponsorship under the new system. You don't want your 457 visa cancelled, so take your time to work out an acceptable solution.
 

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If we apply for the 820, and during the process, pass the 3 year mark on our relationship, will I get PR stratigh on grant of the 820? Or will I still have to follow the 2 year wait route?
It is an at time of application requirement.
 

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You are considered still to be in a relationship but living apart so you would need to provide evidence of contact while apart. There are quite a lot of people that do this and don't have an issue. It is all about the evidence that you provide.

Once you are offshore you would notify DIBP that you wish to cancel your 457 visa.

It is least recommended because you do have travel rights so that means that if you leave Australia on a BVE you cannot come back in to Australia on a BVE. It is all up to DIBP if they grant work right. You show them evidence of your financials etc and they determine if they will grant the work rights or not. I am not sure how long it takes for the work rights but at a guess I would say a few weeks or a month or so. You could try search the forum to see how long people are waiting.

You would not get PR straight up so you would need to submit documents for the second stage (PR) after 2 years.

The second stage at the moment is taking longer than 12 months so whatever way you want to go the sooner you apply the better as then you have started the count down to the second stage.
I believe Mish means the BVE does NOT have travel rights.

Just something to be aware of - Immi doesn't like people trying to "live" in Australia on temporary visas, and there's no guarantee they'd grant a tourist visa right after a 457. It'd probably be worth your time to talk to one of the migration agents that post here to talk through your best option if for some reason you can't get someone else to take over your 457 as CCMS suggested.
 

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Discussion Starter · #9 ·
Thanks all for your input.

I have been trying to get a 457 transfer to another employer, but nothing has been forthcoming. I tried to approach some recruitment agencies a few months ago, but as soon as they hear you are on a 457 they say they cannot do anything for you.

Do you think that I could resign from my job, wait for them to cancel my 457, and then use the 30 day grace period after the end, to apply for the partner visa?
 

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Once the visa is cancelled you’ll run into additional problems. My advice: find a registered migration agent in your area who you feel comfortable with and explore all the options with them. That way you can make an informed decision. There are many conflicting issues to consider. The easiest way out would be lodge a sc. 820 visa and stick to your job until the sc. 820 is granted. As far as changing jobs goes, you ideally need to find an employer who aleady has a sc. 457 sponsorship in place.
 
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On a completely different note.

If you feel you are being horrifically bullied at work, and due to your visa status you feel like you have zero options in terms of being able to take action on this, and all the requests you have made have been flat denied even though you have shown proven evidence of workplace bullying and harrasment.

PLEASE PLEASE PLEASE FOR THE LOVE OF GOD REPORT THIS! Report it to your union, report it to worksafe report it to immi, report it to ACA and today tonight even. This is not cool.

Make sure you have documented evidence (emails, letters) that you have reported the bullying and that no action has been taken.

The "we employed you for this specific role" is a cop out. Yeah they employed you for it, no where in your contract did it state you were employed to be a human punching bag.


You are covered under the exact same laws as Permanent residents and citizens. Your workplace not taking appropriate action to prevent the bullying and harrassment from occuring is against the law. You should not have to and do not have to put up with it. Your employer is required to provide you with a safe working environment, and if they are not able to do so, they need to make the necessary changes to make sure it is.

Also, pull your sick leave, you CAN take sickleave because of stress, you can go to your doctor and explain the situation and they will give you a med cert for more than one day. They cannot question you why you are on sick leave so long as you produce the document.

They can organise return to work meetings when you go back, in which if you feel comfortable bringing it up again explaining what would help you be able to attend work at full capacity again.

I'm very sorry you feel backed into a wall, this is disgusting abhorent behaviour on the part of both your employer, and the bully.
 

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What you have said is true "TheFluff" however the OP needs to get his ducks in a row before taking theses steps .
Anything in writing ( emails etc.) Is gold as it can't be easily disputed, as are any independent witnesses.
What the OP hasn't mentioned is what form the bullying is taking and certainly has made no mention of any physical violence.
Saying you are being bullied is one thing , trying to prove it is a lot harder.
Not liking the work you are given, being told to stop talking or using your private phone, being reprimanded for being absent or tardy, don't amount to bullying UNLESS others are doing it and not receiving the same treatment.
Maybe the OP can give us some examples of the bullying , and what type of work he does which would make things a bit clearer.
I know all this as I have had first hand experience and I can tell you the process is not something I would wish to do again in a hurry.
 

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What you have said is true "TheFluff" however the OP needs to get his ducks in a row before taking theses steps .
Sound advice from AussieSteve, as per usual. Before you do anything, make sure you are well informed about potential consequences. Also make sure you are very clear about your visa options in case your employment ceases for whatever reason.
 
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