Loosing or expiring Visa

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Loosing or expiring Visa


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Old 12-03-2010, 02:40 AM
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Loosing or expiring Visa

Hello everyone!

I have applied for and am currently waiting - already 3 months - for visa application approval (Subclass 856, employer nomination scheme). I've been in Australia for over 3 years now with my wife and we both applied via same application (my wife as a partner).

However, I have a complex family situation at the moment and I'm considering coming back to my country very soon, even before I get my visa. This might be a temporary come back, but nothing has been decided yet.

Ideally, I'd like to have my visa, so I can come back to live in Australia in future. Now I've got few questions that I'd be grateful if anyone could help me out with:

(1) How much longer should I expect to be waiting for my visa approval? My big concern is whether to hold off come back a little bit as to avoid loosing visa or not. Or... possibly letting my wife leave and myself stay here for a little longer, so everything's looked after well and that I keep being employed until my visa is granted.

(2) Once I get the visa, what are the conditions for not loosing it? I've heard different things, for example that I'd have to be living in Australia at least 6 out of 12 months for the next couple years. I'm very interested in details of that.

(3) If I now left Australia, would I still get my visa? I'm just wondering whether the visa procedure may get stopped due to myself leaving Australia. In particular due to this being "employer nomination scheme" - obviously I would have to stop working for my sponsoring employer if I left the country now.

Thanks!


Last edited by maciek; 12-03-2010 at 02:47 AM.

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Old 12-05-2010, 01:11 AM
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If you are currently on a 457 visa, you can travel in and out of Australia and absences of a month or so consistent with annual/compassionate leave etc. would be acceptable but something you obviously need to have employer agreement with.
If there was no agreement and you just left, that could put a 457 visa in jeopardy if the employment relationship was severed.
The 856 as an onshore visa will likely require you to be onshore to have it granted and once granted it is a PR visa, one dependent on your employer being eligible and offering ongoing employment though any employment agreement is an agreement between you and your employer and there is no Immi regulation to say you have to stay with the employer X ammount of time.
However if someone was granted an ENS PR and then just decided to leave the employer it is something that Immi may review if contacted by the employer and so it would be better if you were able to work for a few months at least and have agreement with your employer to take an extended leave period.
Client Service Charter has information on indications of visa processing times but there can be significant variations for various reasons mentioned there.





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