Travel outside Australia while being on inactive BVA/ substantive 457 but unemployed

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Travel outside Australia while being on inactive BVA/ substantive 457 but unemployed


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Old 01-14-2017, 03:10 PM
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Travel outside Australia while being on inactive BVA/ substantive 457 but unemployed

Hi guys,

I hope you can help me. I came to Australia on a 457 visa, however the job turned out to be absolutely horrible and I couldn't stand it mentally anymore. During the 90 day period I couldn't find another sponsor so that my partner and I decided to apply for the de facto visa quite at the end of the 90 day period. As the time was very short we made the application with an immigration agent.

My current situation is this: After applying for a 801 de facto visa I have been granted a BVA which is not in effect as my substantive visa is still the 457 (until 2019). My 457 visa would allow me to travel but as I wasn't able to find another sponsor until now I'm not sure if they would let me back in the country once I've left? Our immigration agent said that he could write a letter to DBPI to infrom them about my travel plans as the option of applying for a BVB is not given as my BVA is not in effect.
This seemed a bit strange to me so I've done further research and apparently BVA doesn't have to be active when applying for a BVB (which would mean I'd be on the safe side).

Does anybody here have experience with a similar case or any tip what I have to do (or if I have to do anything at all)? Our 801 application is still processing and I've just been asked to hand in the health and national police checks. I don't wanna annoy immigration or them to doubt the genuineness of our relationship but really need to go for this month.

Many thanks for your help!!

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Last edited by jules2017; 01-14-2017 at 03:34 PM.

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Old 01-14-2017, 04:48 PM
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Hi,

I am in the same position you are but a little further down the line it appears.

I am no expert and this is meerly what I was advised so please do not act on it without confirming it..

If you are in breach of the 457, which you are if you have been out of work for 90 days then leaving the country will probably result in them cancelling your 457. If your 457 is canceled then any bridging visa you have will also be canceled.

The advice I was given was:

Leave the country and hope it doesn't get canceled, if it does come back in on another visa. The no further stay clause could potentially be an issue depending on visa likewise could have issues getting a grant as your intentions would potentially not be in line with what the visa is for.

Stay in the country nd apply for another visa, again could create problems with no further stay if applied.

Stay in breach and see what immigration do. If they cancel move onto a bridging E, biggest downside is unless you can show hardship you won't be able to work until your 820/801 is granted. Nor will you be able to leave the country and some issues with citizenship eligibility if this is your intention.


I would def suggest you get an agent (it appears your agent is giving different info to mine) - bad advice could leave you in a world of pain. Plenty of agents around, not necessarily good ones. A few regular agents on here (wish I'd found it sooner) - suggest that they may be the best option they've been round a long time and if there were complaints then you would see them.


The long and the short of it is if your 457 is cancelled then you will loose any bridging visas, they are no help (A or B) to you until 2019 when your substansitive visa expires. (Bridging visa E excepted).

Do you need to leave? When did you apply for your defacto? Can your partners wage support your family unit?


Last edited by Mania; 01-14-2017 at 04:59 PM. Reason: One of my many grammatical errors

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Old 01-14-2017, 04:51 PM
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Note - I stayed in the country and did nothing - I am well beyond my 90 day period and have had no issues.


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Old 01-14-2017, 10:50 PM
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HI Mania,

thanks for your quick response. I understand that I've breached my 457 visa and that Immigration basically just accepts me being on this visa as long as the 801 is being processed. I've booked my flights already and I would be away from mid feb until mid march.

The advice that was given to you was the way I initially wanted to go as well as I though I am on the safe side while being on a 'substantive` visa (which is already in breach since I'm over the 90 day period and without job) but I really want to avoid to make things more complicated as they already are.
The agent we've chosen for our visa is unfortunately not a big help in this case and he wasn't in the first. I should have done this whole thing completely different to be able to work without restrictions. So I'm quite concerned that he'll give me bad advice again.
I just don't know how to find a good agent and it's always so expensive and I really can't afford it at the moment. Mine advised me to come and see him so that he can write the letter to Immi, just as a safety as I should be absolutely fine while being on a substantive visa. He didn't mention that I'm actually breaching my 457 since out of work. And he charges $500/ hour, so I have the feeling he's actually more interested in making money with me than giving me proper advice. I'm super confused.

So did you hear anything about the opportunity of applying for a BVB while being on a BVB which is not in effect? Because that would be the solution I reckon?
p.s. I've applied for the de facto 10/05/2016 and yes, my partner carries all the expenses at the moment which of course doesn't feel very good.


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Old 01-14-2017, 11:28 PM
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Any of the registered migration agents who post on this forum can be relied upon to offer sound advice.

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Old 01-15-2017, 12:37 AM
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Hi wrussel,

Thanks for your response. I am very glad to have found this forum, however I'm very new to it. Can I ask for you advice here or do the agents that post in this forum expect to be contacted directly with specific issues. I have seen that there are responses from agents on the forum site or do I have to post my question into another section... Sorry for all this confusion, I hope not to be too much of a pain


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Old 01-15-2017, 01:10 AM
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Most of the registered migration agents who post in this forum will answer a generic question, or point a forum member in the right direction.

For the level of assessment that your case requires a direct consultation with a registered migration agent is needed.

You can find the contact details of registered migration agents in their forum signatures.

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Old 01-15-2017, 01:23 AM
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Hi there jules2017 and Mania
it appears you guys are both at further stages down the track that i am, in that i currently am still employed by my sponsor but i am being treated for stress and anxiety due to work, the only cause of this is my immigration status that is looming over me like a dark rain cloud!
i have applied for a de-facto visa in october 2016 and a week after i was called in to do my medical (it was the only thing i didn't submit as its only valid for 12 months) my partner doesn't work because we have a daughter and it doesn't make much financial sense when childcare would be more than she earns, she's more than happy to swap roles with me in that she works fulltime i become stay at home parent (we are even considering moving to victoria to live with the mother in law to save money on rent)
i am just worried what would happen if i leave my job now and after the 90 days what postion i am in? am i on BVE? am i still on 457 but in breach?
i have had great advice from the 'askmark' thread on this forum which i would advise you to ask him as well jules2017.


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Old 01-15-2017, 01:25 AM
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also as well yes i will need to see an agent but we are running on just about coping financially and they can get expensive so will have to do some looking around in brisbane


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Old 01-15-2017, 01:26 AM
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Sounds like you've had a bad agent with bad advice!

I would suggest contacting one of the agents on here as fast as you can. It will answer your questions much better then further guesses on my behalf, the BVB route you are talking of wasn't mentioned to me once by my agent so I would suggest it's a non starter.

Good luck!!


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