457 / 820 / BVA Question & Confusion

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457 / 820 / BVA Question & Confusion

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Old 09-30-2013, 09:46 AM
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Question 457 / 820 / BVA Question & Confusion

Hi guys, this is my first post to the forum (but probably will not be my last) so thanks in advance to anybody who replies!

Me and my partner will be applying for an 820 Onshore Partner Visa by 1 March 2014. Currently, I am here on a student visa having done a masters at RMIT.

My main question is, if I were to take sponsored work and be on a 457 visa before we apply for the partnership visa, if that work were to end during the processing time on the 820 visa application, would a BVA take effect or would losing the sponsored job qualify as that visa being cancelled, not expired, and therefore my BVA would also be cancelled?

I know the legislation for BVAs on 820 applicants changed last year to provide applying partners full work rights while they wait. I'm just not sure if that has nullified the risk of being on a 457, losing that employment and then possibly ending up on something like a BVE that doesn't allow work.

Additionally, I've heard of people losing their sponsored job on the 457, and then not even be able to transition to a BV and apply for work rights to be reinstated because they have to wait 90 days after the employment ends to cancel the 457, and additionally in some cases people have said they waited a month or more extra just waiting to get the letter in the mail that their 90 day timeframe had started, leaving them in months of being legal in Australia, but not legal to work.

Does anybody feel confident in their understanding of how currently it would work if your 457 work ended during your wait for a response on an 820 application?

Thanks for any help!

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Old 09-30-2013, 03:41 PM
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When does your student visa expire? I honestly would consider waiting it out if at all possible rather than going the 457 route.

When you apply for the 820, the Bridging Visa does not kick in until the other visa you were on previously expires *naturally.* Its purpose is to "bridge" you from one valid visa to another. So, if you get the other visa *cancelled* (like, losing a job on a 457... or stopping studying if you're on a student visa), the Bridging Visa gets cancelled as well, and you're immediately unlawful. You would then have to go to DIAC and apply for a BVE, with all the attendant downsides to that that you seem to have a pretty good handle on already. You may get lucky and be able to get work restrictions lifted, but you won't be able to travel, and if for some reason your Partner Visa is not approved you'll have a much harder time finding a way to stay in the country. Also, if you find yourself on a BVE, any time spent in the country prior to that will no longer count for the purposes of citizenship.

Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 09-30-2013, 03:56 PM
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Awesome, thanks for your information. I knew already I definitely didn't want to do something that caused me to end up on a BVE, but was not aware it would erase earlier time as a count towards citizenship. Very good to know.

Me and my partner have been discussing all our options these past few days (even though our application is roughly 5 months away just good to have it all planned out now and be able to supplement any potential weaknesses) and we have come to the conclusion that yeah it's just not worth the headache a 457 can cause. I have unlimited work rights starting in a few weeks until mid-March when my student visa ends and as I work in advertising/marketing there is typically a good amount of freelance or contract work available that can help keep us funded until March.

So thanks CollegeGirl, I'm a fan of yours already. I'm new to posting but have already come across many of your helpful comments in other threads, much appreciated.

If you have the time, I posted another related query asking when is the latest we could submit our 820 application in regards to my student expiration date (15 March) to make sure the transition to the BVA is seamless and no gaps happen. I tried to link you to the thread, but it wouldn't let me. Thanks again.

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