What visa should I apply for my case?

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What visa should I apply for my case?


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Old 11-12-2013, 11:24 AM
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Question What visa should I apply for my case?

Dear friends, I have a question do not know how to do. I am currently hold a 457 visa in Australia. My work contract will finished at 31 January, 2014 and my visa will expire at 17 April, 2014. Because I have not finished the work for the employer, my employer plan to give me a part-time job to June. Then, I will have to apply for a new visa for my stay in Australia. But, the salary of part-time job is not enough for me to apply for a new 457 visa. So, what visa is suitable for me to stay until early June based on part-time job? Can I ask immigration department to extend my previous 457visa?(from 17 April to 10 June).

I also want to ask another silly question. What is the real expiration date for the 457 visa? Someone says that the expiration date is only one month after the end of the contract with the employer. But, my visa will expire at 17 April according to the paper from the immigration department last time. Which one is right? am I lawful in Australia before 17 April?

Can you give me some suggestions? Thank you very much!


Last edited by geozyc; 11-12-2013 at 11:34 AM.

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Old 11-12-2013, 11:50 AM
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Hi Geozyc -

Good questions. Your 457 visa expires on the date indicated on the visa. If you cease work for your employer under the terms approved for the 457 (you quit, are laid off, contract ends, or for whatever reason), you generally have 90 days to find another sponsoring employer and transfer your sponsorship to them (this is a very simplified view of the process - in reality there are more than a few ifs/ands/buts in all of this). The "one month after the end..." may be based on the old rule that if you cease employment with your employer while your visa is still active, you have (had) 28 days to find a new sponsor (now it's 90 days).

It is not generally possible to "extend" a visa, as visa expiration dates and conditions are essentially locked when the visa is granted. Part-time work under a 457 is technically possible, however it can be hard to get these types of applications approved. Nonetheless, it may be an option to lodge a new 457 visa application that replaces the existing 457 as of the date you begin the new work. Your situation also, however, opens up the issue of whether the changes in your work (when you go to part-time) still are in accordance with the terms of your 457 nomination and visa - woudl need to know more about the details of this to comment further.

Hope this helps -

Best,

Mark Northam

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Old 11-12-2013, 12:09 PM
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Originally Posted by MarkNortham View Post
Hi Geozyc -

Good questions. Your 457 visa expires on the date indicated on the visa. If you cease work for your employer under the terms approved for the 457 (you quit, are laid off, contract ends, or for whatever reason), you generally have 90 days to find another sponsoring employer and transfer your sponsorship to them (this is a very simplified view of the process - in reality there are more than a few ifs/ands/buts in all of this). The "one month after the end..." may be based on the old rule that if you cease employment with your employer while your visa is still active, you have (had) 28 days to find a new sponsor (now it's 90 days).

It is not generally possible to "extend" a visa, as visa expiration dates and conditions are essentially locked when the visa is granted. Part-time work under a 457 is technically possible, however it can be hard to get these types of applications approved. Nonetheless, it may be an option to lodge a new 457 visa application that replaces the existing 457 as of the date you begin the new work. Your situation also, however, opens up the issue of whether the changes in your work (when you go to part-time) still are in accordance with the terms of your 457 nomination and visa - woudl need to know more about the details of this to comment further.

Hope this helps -

Best,

Mark Northam
Dear Mark,

Thank you very much for your detailed explanation. Your message is very important to me.

I want to know more about my case. My part-time job is the continuation of my present full time job. The problem is the salary of the part-time job is not suitable for a new 457 visa. So, it is an awkward situation to me. Do you know if I can work on part time job during the interval between the cease of the contract and the expiration of the 457 visa (from 31 January to 17 April for my case)?

Thank you very much!


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Old 11-12-2013, 12:19 PM
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Hi -

Based on the info you've provided, probably not and still be in accordance with the terms of the nomination and visa you're working under. The TSMIT minimum salary still applies in reduced hours cases, as do equivalent terms and conditions of employment (to Australian citizens similarly employed by the employer) and other aspects.

Sorry - wish I had better news!

Best,

Mark Northam

__________________
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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
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Old 11-12-2013, 12:36 PM
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Originally Posted by MarkNortham View Post
Hi -

Based on the info you've provided, probably not and still be in accordance with the terms of the nomination and visa you're working under. The TSMIT minimum salary still applies in reduced hours cases, as do equivalent terms and conditions of employment (to Australian citizens similarly employed by the employer) and other aspects.

Sorry - wish I had better news!

Best,

Mark Northam
Dear Mark,

Thank you for your message. Your information is very helpful to me. Thanks again!


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Old 11-13-2013, 10:13 AM
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Originally Posted by MarkNortham View Post
Hi -

Based on the info you've provided, probably not and still be in accordance with the terms of the nomination and visa you're working under. The TSMIT minimum salary still applies in reduced hours cases, as do equivalent terms and conditions of employment (to Australian citizens similarly employed by the employer) and other aspects.

Sorry - wish I had better news!

Best,

Mark Northam
Dear Mark,

I know you are an distinguished expert in immigration cases. I want to ask you another questions. Because my visa will expire at 17 April next year. I want very much to stay for 2 months to leave australia (time is very important to me). I do need work for this period. I know I can apply for a tourist visa. Is it easy to get that visa? If not approved, I will have to leave australis within 28 days, is it right?

Also, besides tourist visa, I found a bridging visa E. But, I do not find any information about how long does this visa last. Can this visa keep me lawfully stay in Australia for two months after the expiration my original 457 visa?

Thank you very much!


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Old 11-13-2013, 11:32 AM
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Hi Geozyc -

Thanks for the kind words! The scenarios you are considering are complex and involve various "side-effects" for lack of a better term - you can't work on a tourist visa, and a bridging visa E comes with a host of issues including no work rights by default and having to prove financial hardship in order to get work rights. You'd likely get approved for the tourist visa, but that leaves you without work rights and your employer faces problems if caught employing you on that visa (as would you).

This gets down to a strategic decision of how much collateral damage you want to do to get those 2 months of work, since there's no easy way I see to doing this. You could lodge some sort of a visa application that would buy you a bridging visa, but if the application had no chance of success (some people do a protection visa application to "buy time"), then that could affect future visa applications as DIBP looks down on that sort of thing. A student visa would allow work for 40 hours per fortnight once your studies began, but that's not a cheap solution either.

Sorry, wish I had a better idea here - there are ways to lodge "something" and get yourself a bridging visa, but it's a bit of a scorched-earth thing - the trail of applications you leave behind you when you do something like that can result in questions later on.

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
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Old 11-13-2013, 12:31 PM
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Originally Posted by MarkNortham View Post
Hi Geozyc -

Thanks for the kind words! The scenarios you are considering are complex and involve various "side-effects" for lack of a better term - you can't work on a tourist visa, and a bridging visa E comes with a host of issues including no work rights by default and having to prove financial hardship in order to get work rights. You'd likely get approved for the tourist visa, but that leaves you without work rights and your employer faces problems if caught employing you on that visa (as would you).

This gets down to a strategic decision of how much collateral damage you want to do to get those 2 months of work, since there's no easy way I see to doing this. You could lodge some sort of a visa application that would buy you a bridging visa, but if the application had no chance of success (some people do a protection visa application to "buy time"), then that could affect future visa applications as DIBP looks down on that sort of thing. A student visa would allow work for 40 hours per fortnight once your studies began, but that's not a cheap solution either.

Sorry, wish I had a better idea here - there are ways to lodge "something" and get yourself a bridging visa, but it's a bit of a scorched-earth thing - the trail of applications you leave behind you when you do something like that can result in questions later on.

Best,

Mark Northam
Dear Mark,

Thanks for your reply. It seems that the tourist visa is my only choice. Two months work is not important to me. But two months time is important to me in China. I should have a period oversea time to get a promotion. That is why I want to extend my visa. Thank you very much for your great help.

Best regards,
geozyc


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Old 11-13-2013, 12:38 PM
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Hi Geozyc -

Glad I could help you get to a resolution. You will need to plan ahead to have a good chance of getting the visa - visitor visas for Chinese citizens are not easy to get in many cases. Consider putting together an itinerary of sightseeing, etc you want to complete before you return to China and including that with your application - maybe you didn't have enough time while you were here working to do all the things (sightseeing, etc) that you wanted to do and now want to do these things before you finally leave. Chances are they may put Condition 8503 on a tourist visa (no further visa application while in Australia on that trip), but in your case it doesn't sound like that would be an issue.

Best of luck with all!

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 06-04-2014, 01:57 AM
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Hi!

I've just come across this thread and hope someone might be able to help me.

My partners 457 visa expires on the 1st August (I am de-facto on the visa). His company have applied to become a business sponsor again because their 3 years is up and plan to nominate and sponsor my partner again for a second 457 visa.
Have there been many cases of this and if so, are many people successful?

My other question is when should the new nomination/sponsorship begin? The 2nd of August (day after current 457 expires) or from as soon as possible?

Thanks for the help!


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