Loosing or expiring Visa

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Loosing or expiring Visa

Closed Thread
LinkBack Thread Tools
  #1 (permalink)  
Old 12-03-2010, 02:40 AM
Junior Member
Join Date: Dec 2010
Posts: 1
Please update your flag here .

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.


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

  #2 (permalink)  
Old 12-05-2010, 01:11 AM
Wanderer's Avatar
Senior Member
Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
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.

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
485 visa rejected, bridging visa expiring in 28 days! 41s Visas and immigration 0 09-20-2011 05:25 AM
business visa expiring mrjack Visas and immigration 0 07-20-2011 01:40 PM
Help please! Visa expiring soon + Health problem + no appointments available nbanskota Visas and immigration 5 02-19-2011 12:17 PM
Passport Expiring coolee00 Visas and immigration 4 01-27-2011 05:21 AM
RRV expiring, wife pregnant without PR GoDoggies Visas and immigration 1 06-11-2010 12:22 AM

By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.

All times are GMT. The time now is 01:22 AM.

Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.