Living and Working in Australia Forum With Immigration and Travel Information

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-   -   820 Temporary Onshore - Waiting Room! (https://www.australiaforum.com/visas-immigration/38930-820-temporary-onshore-waiting-room.html)

jp1985 04-16-2014 01:28 AM

Quote:

Originally Posted by jp1985 (Post 407522)
Thanks Previs. The company may close down in few months. So, it is hard time for me now thinking forward

I have confirmed with the immigration. So anyone who may have the same stuation with me, yes you can worry free if you need to leave your employer who sponsored your 457 visa once you have applied for the partner visa :)))))
I will submit my application next week once I receive my relationship certi

Sydneygal 04-16-2014 02:20 AM

Quote:

Originally Posted by jp1985 (Post 415889)
I have confirmed with the immigration. So anyone who may have the same stuation with me, yes you can worry free if you need to leave your employer who sponsored your 457 visa once you have applied for the partner visa :)))))
I will submit my application next week once I receive my relationship certi

Hi JP,

I'm interested in finding out more about what you mean by 'you u can worry free if you need to leave your employer who sponsored your 457 visa'. Did immigration advise you if you leave your 457 sponsorship employer you could go on a BVA instead of a BVE? Would this only be the case if the company closed down or would it be the same for anyone who quit or were let go from their job etc.?

Thanks,

jp1985 04-16-2014 02:38 AM

Quote:

Originally Posted by Sydneygal (Post 415969)
Hi JP,

I'm interested in finding out more about what you mean by 'you u can worry free if you need to leave your employer who sponsored your 457 visa'. Did immigration advise you if you leave your 457 sponsorship employer you could go on a BVA instead of a BVE? Would this only be the case if the company closed down or would it be the same for anyone who quit or were let go from their job etc.?

Thanks,

It is actually part of "the obligation" as mentioned on the immi website, when you are not working for your employer anymore, you have to do one of the solutions within 90 days: find new sponsoring employer, apply for a different visa, or leave the country. And when I confirmed on my situation with the immi staff, yes i dont have to worry once I apply for a partner visa and i dont work for the sponsoring employer anymore

Sydneygal 04-16-2014 03:30 AM

Ok Thanks. So this would only be the case if you have left your employer before applying for a partner Visa. You would have to apply for a partner visa within the 90 days after notifying immi that you are no longer with your 457 employer.

If you are still on 457 sponsorship and have applied for a partner visa already then you are still restricted to the 457 visa regulations and if you leave your job after applying for a partner visa you lose your BVA and have to either find a new sponsoring employer, apply for a different visa, or leave the country. Is that correct?

I'm on a 457 and have applied for a partner visa so I have always been a bit confused on what would happen if I quit or lost my job while waiting for the partner visa to come through.

Maggie-May24 04-16-2014 03:55 AM

From what I recall another poster saying a few months back, if you have already applied for a partner visa and after that you choose to leave your 457 sponsor, typically you would lose your 457 after 90 days and the bridging visa along with it. However it seems DIBP has often taken the viewpoint that since you already have another visa in process (the partner visa), they will not cancel the 457. So the positive aspect is that you don't lose the visa that allows you to remain in the country. However you are still on a 457 visa so that means you can only work for another nominating employer.

That's how it seems some other posters have had their visas processed, but I'm not sure if this is always the case so rather than say "you can worry free", I'd personally take a more cautious approach. And DIBP has often been known to give incorrect information when people call asking questions, so that's another reason I'd take a more cautious approach.

Star Hunter 04-16-2014 04:23 AM

I would speak to a migration agent on the matter of 457 visa requirements after lodging a partner visa if leaving your employer (voluntarily or otherwise) is a possibility. DIBP often give out incorrect information and are NOT held accountable when they do so.

DIBP call centre staff in particular, seem to have a penchant for giving out incorrect and sometimes devastatingly bad advice. Migration agent is the way to go because A) they work for YOU (not the government) and B) unlike DIBP staff, they actually ARE held accountable for the advice they give, so bad advice can be as detrimental to them as it is to you.

Good luck!!

jp1985 04-16-2014 08:19 AM

Thanks StarHunter. I ll see what other migration agent said too

Nelly87 04-20-2014 02:39 PM

Still waiting for my 820 onshore de facto... this week it will have been exactly 15 months since we applied. The two couples around us that we have known since who also applied, have both already been granted (both within a year).

I have to say this is getting really frustrating. Frustrating and nerve wrecking. Some of you may have seen my other thread but a brain tumour was found in my fiancÚ's head 3 months ago and the treatment is ongoing and he is NOT coping well with it. Just the thought of us getting rejected - even if the chances were only 1% - is just too much to bear right now. It all feels so small compared to life and death. My fiancÚ would end up with permanent brain damage and immigration would like to see my receipts for restaurants... angry things come to mind. It almost is starting to feel like a game. I mean honestly - nobody is asking us questions, we know we have a case officer but we have not been asked for any additional information or have heard a single word... good for you guys that you're busy, we're pretty occupied at the moment too... getting really sick of this waiting game.

I just don't understand anymore. Why they can't just talk to us. Have an interview, communicate on the status, something. I have not been profiting off Australia. I have not been to the doctor here once since we applied, I have not asked for support from Medicare or any other institution, I have been working my butt off as the breadwinner, I have been taking care of a sick partner - do I look like I'm taking advantage of your country, DIAC? Like I'm here for that? Sick of my life being in a stranger's hands.

Dinkum 04-20-2014 02:54 PM

Our thoughts are with you both... Maybe others will have better advice to help you progress... but keep strong and patient...we are too...

Star Hunter 04-20-2014 05:18 PM

Hugs to you and your fiancÚ, Nelly!

I can imagine the uncertainty is very nerve wracking. Fingers crossed you get your approval soon xxxx


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