457 Bridging Visa, Working Rights, De Facto Query

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457 Bridging Visa, Working Rights, De Facto Query


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Old 07-14-2016, 12:35 AM
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457 Bridging Visa, Working Rights, De Facto Query

I am currently on a 457 visa and was made redundant by my previous sponsor. I am currently on the 90-day period before my 457 expires. My partner and I have lodged a de facto application (she is an Australian citizen) and in making the application I was granted with a Bridging Visa with working rights.

I have been offered a job by a company that does not have sponsorship rights and I don't think they would want to go through the process. So today I called the Department of Immigration, assuming that I could get them to cancel my 457 and put me on the Bridging Visa I was granted whilst my de facto application is processed (which I understand is close to a year and a half). I was told that they cannot do this. Instead I have to either find a new 457 sponsor within the 90 days, or wait until the 90 days is up then go and see an Immigration Case Officer and see if they will grant me a bridging visa with working rights. The person I spoke to on the phone said it was very much on a case by case basis whether or not a bridging visa would be granted, and whether it would have working rights.

Just wondered if anyone has had similar experiences? The industry in which I work is pretty competitive and I think finding a new sponsor would be very hard. I really had hoped they would just cancel my 457 over the phone and let me use the bridging visa I already have, but no, she said the bridging visa I have will only come into effect if my 457 ran out naturally (i.e. after the four years).

Any ideas, suggestions much appreciated. I clearly don't want to find myself with either no bridging visa or a bridging visa that has no working rights..

Thanks in advance.


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Old 07-14-2016, 07:50 AM
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The advice given sounds very strange. Your new bridging visa will kick in after the 457 expires after 90 days. You should have to go to the department after that.

If you cancelled the 457 you would also cancel the BVA. This would mean that you would have to apply for a Bridging Visa E. This does not automatically have work rights, so you would have to apply for them. If you can demonstrate poverty then work rights would be granted.

Best to wait till you 457 expires and the BVA will kick in with full work rights.

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Old 07-14-2016, 08:33 AM
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Thanks for the response Jeremy. Based on my current understanding, in the likely event that I am unable to find a new sponsor, then the existing 457 visa will be cancelled and so I will be placed on a Bridging Visa with no working rights (regardless of the Bridging Visa A that I was granted when I submitted my de facto application). I will then have to plead poverty so they give me working rights.

It's annoying I can't just cancel my 457 visa now and get the process underway rather than having to wait nearly two more months before the 90-day period is up on my 457... it makes my period of unemployment even longer with considerable financial burden. I did point this out to the Department of Immigration but seems they are unable to change this state of play.

Now I wonder how long (assuming I can get it) it takes to get working rights put on the bridging visa..


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Old 07-14-2016, 12:12 PM
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Usually takes two to three weeks ..

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