820 Temporary Onshore - Waiting Room! - Page 534

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820 Temporary Onshore - Waiting Room! - Page 534


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  #5331 (permalink)  
Old 05-09-2018, 08:33 AM
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Originally Posted by Skybluebrewer View Post
May be worth paying for a consult with an RMA. If you lose your 457, you won't have a BVA. Becoming unlawful may give you problems with your partner visa as well.
The RMA that we consulted said that my 457 doesnít get cancelled even if I left the company. It will be expire on the date stated on the visa which is in Oct 2019. My visa situation will change when my 820/801 is granted. So this actually doesn't make sense to me - I am still on this 457 visa but I am no longer working for the company that sponsored my 457.

A lot of things donít make sense to me. People who apply for 820/801 visa and previously were on student visa or tourist visa have more work rights than people like me. Their BVA would kick-in in a reasonable timeframe. I have years of working experiences in various countries, yet I feel I have been punished because I was employable.

My husband and I are together for more than 12 years. We were overseas in Europe and the US for a long time. There were no need for us to apply for a partner visa back then because we didnít know if we were going to move back to Australia. When we decided to relocate back to Australia about 3 years ago, I was the first to find a job in Australia and the employer was happy to sponsor my 457 visa. At the time, it made sense to us not to go through the partner visa application to save $7,000 since my employer was going to sponsor my 457/186 visa. Things changed dramatically in the last 6 months. Huge change in the companyís management team. Half of the staff of the organisation was gone within 8 months... I tried to maintain my role there as long as I could. But still end up in a very difficult situation.


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  #5332 (permalink)  
Old 05-09-2018, 08:43 AM
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Originally Posted by Skybluebrewer View Post
As far as I'm aware, it's only 60 days and then immigration notify you that they'll be cancelling your visa. Not likely to get an 820 in that time frame. And by the sounds of it, half that time is already up.

At the very least, you need to get professional advice to figure out how to get on a BVE or whatever you need to do when immigration gets around to contacting you. You definitely don't just want to sit around and hope for the best. If your visa is cancelled, you won't have a BVA. You won't be on a visa and as such you'll be unlawful.

FYI, a BVE is not a good visa to be on. No work rights and no travel rights. Some people refer to the E as Evil.

Anyway, I'm no professional so no idea what your options are from here. If I were you, I would much rather be prepared than the wait and see what happens option.

The RMAs seem very familiar in this matter. You probably only need one of those and not a lawyer.
The RMAís professional advice was that the 60 days restriction is only for going for the next employer who seeks to take over the 457 visa sponsorship. So, even when I am no longer with the company who sponsored me, my 457 is still active. Itís also stated on my current BVA visa.

The RMA didnít make any suggestion to apply for any other visas during the waiting time for a decision to be made for my 820/801 application.

There's definitely no sitting around and waiting for me. But funnily enough, it seems to me, thereís very little that I can do at the moment.


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  #5333 (permalink)  
Old 05-09-2018, 09:11 AM
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That's the way it goes. It's nothing personal against you, it's just the path you happened to take. I don't know about 457s but interesting that you get to keep the visa and stay on until it expires while not working for the employer that sponsored you.


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  #5334 (permalink)  
Old 05-09-2018, 09:25 AM
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Originally Posted by Skybluebrewer View Post
That's the way it goes. It's nothing personal against you, it's just the path you happened to take. I don't know about 457s but interesting that you get to keep the visa and stay on until it expires while not working for the employer that sponsored you.
When itís all happening not as the way we planned for our lives. It can be taken as quite personal. Especially when itís effecting our quality of life.

I am not sure if interesting is the way that I'll put it. I do think it's very odd. So that's why I am considering contacting an experienced migration lawyer because I don't think the RMA has covered all angels or maybe because they didnít handle a more complex case like ours.

Trust me, I donít want to keep this 457 visa. It's useless to me at the moment and also put me in a strange and difficult situation. I really want to bring the expiry date forward asap so that my BVA can be activated.


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  #5335 (permalink)  
Old 05-09-2018, 09:53 AM
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You can always just look at your grant letter and the conditions associated with it. There are probably some numbers you can then look up.


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  #5336 (permalink)  
Old 05-10-2018, 11:02 PM
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Originally Posted by joyinoz2018 View Post
When itís all happening not as the way we planned for our lives. It can be taken as quite personal. Especially when itís effecting our quality of life.

I am not sure if interesting is the way that I'll put it. I do think it's very odd. So that's why I am considering contacting an experienced migration lawyer because I don't think the RMA has covered all angels or maybe because they didnít handle a more complex case like ours.

Trust me, I donít want to keep this 457 visa. It's useless to me at the moment and also put me in a strange and difficult situation. I really want to bring the expiry date forward asap so that my BVA can be activated.
Hey joyinoz2018,

I was on a 417 Working Holiday Visa (UK) which expired in July 2017 after which I was immediately put onto a Bridging A Visa. I did not have any trouble getting a job, I explained my situation to my employer and explicitly stated that I did NOT need sponsorship for my role as my partner was my sponsor and therefore had full working rights in Australia. I got a job without any problems whatsoever and over a year later I'm still working for the same company on a Bridging B Visa.

Hope this helps


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  #5337 (permalink)  
Old 05-10-2018, 11:30 PM
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417 is not the same visa as a 457 and does not have the same conditions. The issue is if thid person will ever even make it to the BVA. A BVA for partner visa applicants will have nil conditions.

"Mandatory Visa conditions

Mandatory Condition 8107

This condition applies to all primary subclass 457 visa holders only. You must:

only work in your nominated occupation
start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
only work for the sponsor, who nominated the position you are working in (if your sponsor is a standard business sponsor and is an Australian business, you can also work for an associated entity of the sponsor)
not cease employment with your approved sponsor for a period of more than 60 consecutive days – if your visa was granted on or after 19 November 2016
not cease employment with your approved sponsor for a period of more than 90 consecutive days – if your visa was granted before 19 November 2016
obtain any mandatory licence, registration or membership necessary to perform your occupation in Australia and comply with any provisions within 90 days:
after initial arrival in Australia on this visa
from date of visa grant if already in Australia
if your visa was granted on or after 1 December 2015 you must also:
not engage in work that is inconsistent with your licence, registration or membership
notify us in writing as soon as practicable if your application for the licence, registration or membership is refused
notify us in writing as soon as practicable if your licence, registration or membership ceases to be in force or is revoked or cancelled.

To notify us of registration, licence or membership issues you should send an email to: [email protected].

You are considered to have ceased employment when either you or your employer notifies us of the date you stopped work.

If you stop working for your sponsor, you must do one of the following within 60 days:

find another employer to sponsor you and have them lodge a new nomination, which must be approved before you can start working for them
be granted a different visa
depart Australia.


If more than 60 consecutive days have passed since the date your sponsor advised us you would be ceasing employment on, you could be in breach of Condition 8107 and your visa could be cancelled.

If you abandon your employment, or are absent without leave, you could be considered to have ceased employment."


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  #5338 (permalink)  
Old 05-14-2018, 06:02 AM
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Medicals for 820 visa

Hi All,

Apologies if this query has been answered before. It's been 6 months since i lodged my wife's partner visa onshore. Looking to do the medicals this month or the next.

Can someone let me know the procedure to do the medicals?

Is the below right? Also will the emedical letter have the tests to be done?

1) Download emedical letter with HAP ID from the Immigration site.
2) Book appointment with BUPA
3) produce letter to BUPA at the center
4) Wait for the results to be sent to DIBP

Regards
RK


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  #5339 (permalink)  
Old 05-18-2018, 03:38 AM
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Originally Posted by ravikiran.7070 View Post
Hi All,

Apologies if this query has been answered before. It's been 6 months since i lodged my wife's partner visa onshore. Looking to do the medicals this month or the next.

Can someone let me know the procedure to do the medicals?

Is the below right? Also will the emedical letter have the tests to be done?

1) Download emedical letter with HAP ID from the Immigration site.
2) Book appointment with BUPA
3) produce letter to BUPA at the center
4) Wait for the results to be sent to DIBP

Regards
RK
Hi ravikiran.7070,

After you have received an email from your case officer requesting further information, you should receive an attachment named "IMMI Request Checklist and Details", which contains a health examination list, telling you your HAP ID and what tests you are required to do.
Then go to Bupa website and make an appointment. Print the health examination list and eMedical referral letter, bring them with you on the test day. eMedical referral letter can be found on home affairs website. Oh remember to bring your passport as well.
After you have finished your examination, you can go and they will send report to Home Affairs.

Hope this helps.


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  #5340 (permalink)  
Old 05-18-2018, 04:47 AM
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Quote:
Originally Posted by hcchanhkhz View Post
Hi ravikiran.7070,

After you have received an email from your case officer requesting further information, you should receive an attachment named "IMMI Request Checklist and Details", which contains a health examination list, telling you your HAP ID and what tests you are required to do.
Then go to Bupa website and make an appointment. Print the health examination list and eMedical referral letter, bring them with you on the test day. eMedical referral letter can be found on home affairs website. Oh remember to bring your passport as well.
After you have finished your examination, you can go and they will send report to Home Affairs.

Hope this helps.
Hi,

Thanks for your reply. However I am not going to wait for the CO to ask me to do medicals. I will be doing the medicals next month. In that case I believe I can directly download the E medical Referral letter from the Immiaccount under Health Assessment and follow the steps you have given?

Regards
RK


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