Termination of employment while holding 457 visa

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Termination of employment while holding 457 visa


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Old 12-14-2017, 11:58 PM
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Termination of employment while holding 457 visa

Dear friends

This is my first post on this forum hoping to get a solution to the situation I am in. I am currently on 457 visa & my employer is terminating my employment due to mass redundancy Australia wide. I joined in May-2017 & will have to exit the company by Jan-18. I am spouse of a permanent resident but we couldn't apply for partner visa because 457 itself took a lot of time to process & by the time I received my final 457 visa in October, I already had some idea that I might be made redundant so I didn't apply for partner visa at that time. To my understanding, if I apply a partner visa in this scenario, the bridging visa associated with partner visa wouldn't kick off until the natural expiry of 457 visa. And, if I try to get the 457 visa cancelled manually, my bridging visa & possibly the whole partner visa application will get cancelled. Thinking of all this, I haven't yet applied for a partner visa. Can somebody please advise me what are the options that I have in this situation ? Can I apply for a tourist visa once my current employment ends here? Can I apply a spouse visa then ? I think 457 visa keeps reflecting in Vevo even after my employer has withdrawn the nomination. So, there's no point applying for spouse visa as I'll not have work rights & possibly stay rights also. My objective is to get stay & work rights as soon as possible.

Thanks a lot in advance.

Naina


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Old 12-15-2017, 09:41 AM
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Once your employer notifies the Department you have 60 days to find a new job. If you apply for a partner visa within that time the Department grants you a BVA. The BVA kicks in with full work rights 60 days after your employer notifies the Department.

Suggest prepare partner visa application. Encourage your employer to notify the Department when you finish employment, and then you can be back on the job market within 60 days.

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Old 12-16-2017, 10:29 AM
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Hi Jeremy

Thanks lot for taking some time out for this, it gives me a new ray of hope

Just to be more clear on your advise, I had talked with immigration a few days back when they said that BVA associated with Partner Visa application will kick in only after the natural expiry of 457 visa which is far late in Oct-2019 for me. What do you think about this comment ? According to you, is there a way around to this ?

Best regards
Naina


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Old 12-16-2017, 05:40 PM
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Think this way. you are on 457. Your employer will make you redundant and will notify DIBP. You will apply for partner visa. You will also get BVA (which will not come into affect at this minute but will come info affect if you don't have any visa and your partner visa application is getting processed ) Where is the issue?

The issue is if 457 is cancelled what will happen?
The answer is that if 457 is cancelled the BVA will also be cancelled. the partner visa application will continue to process. Since, BVA will be cancelled, you will be unlawful. So, need to apply for BVE but unfortunately there will be no work rights. You can then get work rights if you can demonstrate serious financial hardship.


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Old 12-17-2017, 06:43 AM
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Hi Mr. Kulwant Kumar

Thanks for your response, this is exactly what I have been given to understand so far. But this, to me, looks very unreasonable , especially given the fact that I am spouse of a permanent resident, it simply means putting me in a situation to choose between staying with my husband in the country at BVE or going back to India in order to pursue a continuity in my job to protect my career from having a big break. I thought there must definitely be a way to optimize this scenario. Do you think I can exit the country during that 60days notification period & come back on a tourist visa ? If that's possible, I can then apply for my partner visa & get work rights in 3 months.

Regards
Naina


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Old 12-17-2017, 07:03 AM
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Quote:
Originally Posted by naina1989 View Post
Hi Mr. Kulwant Kumar

Thanks for your response, this is exactly what I have been given to understand so far. But this, to me, looks very unreasonable , especially given the fact that I am spouse of a permanent resident, it simply means putting me in a situation to choose between staying with my husband in the country at BVE or going back to India in order to pursue a continuity in my job to protect my career from having a big break. I thought there must definitely be a way to optimize this scenario. Do you think I can exit the country during that 60days notification period & come back on a tourist visa ? If that's possible, I can then apply for my partner visa & get work rights in 3 months.

Regards
Naina
Assuming the tourist visa doesn't have a no further stay condition attached.

It's not really unreasonable it's the same rules for everyone, those rules are publically available and can be found in multiple ways.

I went through the same route as you 457 - redundancy - partner, immigration chose to ignore the fact I wasn't working until such time as a decision was made on my 820 (6months later).


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