462 To 457 or 820/801? Need some help!

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462 To 457 or 820/801? Need some help!


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Old 06-04-2014, 06:43 AM
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462 To 457 or 820/801? Need some help!

Hi All,

Looking for some advice and hoping you all can help me with some questions based on my current situation!

I am an American in Australia on a 462 Working Holiday Visa. The only restrictions I have is that I can't work for any employer for more then 6 months. It does not say on my visa I can't transfer into another visa class. I arrived in mid March with my girlfriend, who is an Aussie.

We met a few years ago in London but started dating just over a year ago. We live together now in Melbourne after leaving the UK in November. We also lived in the UK together briefly. We then traveled for 4 months and came to AUS.

Starting in a week or so I will be working for an employer on my 462 Working Holiday Visa. I will be contracting through a 3rd party agency of theirs and not be a full time employee of the company. Still working 40 hrs a week though. I am aware and made them aware that I can only work for 6 months with them on my current visa.

The opportunity of 457 sponsorship came up in the conversation and they did say it was a likely possibility as my contract comes to a close.

So here are the questions I have:

Once I apply for 457 am I put on a bridging visa or do I remain on 462?

Assuming they agree to 457 sponsorship do I still have to terminate at the end of 6 months if my visa isn't granted in time and I am not on a bridging visa? Technically I will have 3 months left on my 462.

If the above is true I should get the ball rolling after 3 months, correct?

If true, can I apply for an exception to my 6 month clause assuming a 457 is lodged?

Since my gf and I have been together for over 12 months should I look down the 820/801 route instead? I see the waiting time is over a year though!

With the 820/801 route am I automatically put on Bridging Visa A meaning I can't leave?

I thought about registering our relationship in VIC, but it says I have to be in VIC for 12 months. I obviously haven't even though we've been together for longer. Is it still wise to try and register our relationship? It does say they waive this under certain circumstances.

Anything else I may have missed or should know?

Obviously I still have time to make these choices, but I want to just be ready. I am no stranger to Visa applications as I've had to do 3 when I was living in the UK. I'm currently supporting us as my gf is going back to school, I don't think she would be keen if I got kicked out of the country for screwing up my visa .

Any advice is appreciated!

Thanks!

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Old 06-04-2014, 06:56 AM
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I would pursue the partner visa route if you can qualify. The 457 doesn't lead directly to permanent residency - you have to count on your employer to sponsor you for it down the road, and if something happens to your job, you only have 90 days to leave the country. With the partner visa, you're not tied to your employer. But you ARE tied to the relationship - you won't get PR for two years, and until that point if your relationship ends your visa also ends - so if there's any doubt in your mind that you won't be together permanently you may want to pursue a working visa after all - either the 457 with your employer, or you may want to look into whether you might qualify for a permanent skilled visa on your own.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 06-04-2014, 07:03 AM
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Thanks!

Assuming something happened on the 457, wouldn't I have 90 days to lodge a partner visa then?

So I am looking at it though, it seems a Bridging Visa is only issued AFTER my current 462 visa expires. Meaning I won't be able to work for my new employer from Dec-Mar assuming I go down the Partner route? Or I would have to ask for an exception on my 462?

I am guessing the same would be true for the above if the 457 isn't in place in time?

Don't have doubts on the relationship, just want to make sure I don't screw things up for myself.


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Old 06-04-2014, 07:09 AM
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Your BV A from a partner visa application won't come into effect until your current substantive visa expired naturally.


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Old 06-04-2014, 07:18 AM
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So are you saying if I got a 457 visa for 4 years, yet got fired in a year, the bva wouldnt come into affect for another 3 years? Even if I logged a partner visa in 90 days?

If I go down the partner route am I likely to be granted an exception for my 462 clause?


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Old 06-04-2014, 07:24 AM
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i'm no expert. But i think if you get fired, you lost your 457, which means you won't get a BV A because you are not holding a substantive visa. You probably end up with a BV E.

Not sure about applying for exception.


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Old 06-04-2014, 07:49 AM
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Quote:
Originally Posted by darren870 View Post
So are you saying if I got a 457 visa for 4 years, yet got fired in a year, the bva wouldnt come into affect for another 3 years? Even if I logged a partner visa in 90 days?

If I go down the partner route am I likely to be granted an exception for my 462 clause?
If you get fired and don't find another sponsor in 90 days, your 457 is cancelled, leaving you without a valid visa. As GBP said, you would end up applying for a Bridging Visa E, which doesn't allow work or travel rights. Though you can apply for work rights if you can prove financial hardship, you won't be able to leave the country and be sure you can return, AND any time you spent in the country prior to that will no longer count towards citizenship.

If you get fired and immediately lodge a partner visa before your 457 is cancelled, you'll be issued a Bridging Visa A - but once your 457 is cancelled, you'd lose the Bridging Visa A as well (it's tied to your current visa). You'd once again end up with a Bridging Visa E and the same problem.

If you're on a 457, you don't want to quit your job/be fired until your partner visa is granted, or it can be really problematic.

HOWEVER, if you apply for a partner visa while you're still on your 462, you will be giving a Bridging Visa A, which lies dormant and "kicks in" once your 462 expires. Yes, this usually means you're stuck with the six-month limitation for an employer until your 462 expires naturally on its own - BUT, according to migration agents on the forum here, DIBP will sometimes WAIVE that six-month limitation if they can see that you've already applied for a Partner Visa and been given a Bridging Visa A that's just lying there not doing anything yet. It's not a guarantee, but it does happen. You can ask migration agent Mark Northam on his thread at the top of the forum what his experience is with getting the six-month employer limitation of the 462 waived when a partner visa has already been lodged if you want to be more certain of what the chances are - I think they're probably pretty good.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 06-04-2014, 09:32 AM
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Thanks!

So assuming I went down the 457 route. Does any of that time actually count towards residency/citizenship? Or do I need the company still for that?

Eg, lets say in 3 years I get married and such, then the company fires me. I would still be in the same situation you described above with the bridging visa E?

Is there a way to cancel my 462 visa in the country and have my bridging visa take effect before I get the partner visa? EG to get around my 6 month limitation. I am guessing not based on the name

Honestly it seems like you are suggesting I go down the partner route EVEN if I get the 457 visa.


Side note:
Does anyone have any experience with registering a relationship in VIC? I looked and it says we need to have been in VIC for 12 months? Well we were of course in London so wondering how to go about that? I've been told by two others I should register my relationship.


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Old 06-04-2014, 09:46 AM
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if you cancel your substantive visa while waiting for a decision on your partner visa application, you will lose your BV A too.

For relationship registration in Vic, both of you need to be living in Vic for 12 months. So, you have to wait until you qualified. It is helpful to register your relationship if you are planning to apply for partner visa on de facto ground.


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Old 06-04-2014, 10:12 AM
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Quote:
Originally Posted by darren870 View Post
Thanks!

So assuming I went down the 457 route. Does any of that time actually count towards residency/citizenship? Or do I need the company still for that?

Eg, lets say in 3 years I get married and such, then the company fires me. I would still be in the same situation you described above with the bridging visa E?
Yes, on a 457 your time will count towards citizenship, though you will eventually have to get a PR visa of some type and be on it for a year before you can apply for citizenship.

I'm not sure quite what you're talking about in your scenario above with getting married in three years. If you applied for a partner visa now (or whenever you're eligible due to registering your relationship or having lived together for 12 months) you would be eligible for PR two years from when you applied for the partner visa. So in three years, assuming you apply for a partner visa in the next year, you'd already have PR. If you're on a partner visa, it doesn't matter if your employer fires you. It's not tied to that at all.

Are you asking if, if you do go the 457 route, you're on a 457 and you get married, and you get fired (but you haven't yet applied for a partner visa) if you'd face the same problems? Yes. It doesn't matter how long you're here or if you're married or not.

Quote:
Is there a way to cancel my 462 visa in the country and have my bridging visa take effect before I get the partner visa? EG to get around my 6 month limitation. I am guessing not based on the name
Absolutely not. You cancel your 462, you're immediately illegally in the country, and you'll end up on the BVE with the same issues.

Quote:

Honestly it seems like you are suggesting I go down the partner route EVEN if I get the 457 visa.
Not really suggesting either way, just trying to help lay out your options. It all comes down to which way YOU want to go. There are people successfully sponsored for PR every day by their company after two years on a 457. My husband was one such person. So it is definitely something that DOES happen. I've just seen enough people post here and elsewhere after being let go by their companies, or seeing their companies go bankrupt, or having companies yank them around concerning sponsoring them for PR, that I feel it's necessary to at least warn people about the risks. I think the case that stood out most to me was a UK family who pulled their kids out of school, sold their house at a significant loss, left their families behind and paid thousands in moving costs to move to Australia... only to have the company lay off the guy a week after he arrived in the country. And the only thing he was entitled to was airfare back for him and the rest of his family. Just awful. BUT, like I said, it doesn't always happen that way.

I guess I just see 457s as a gamble. Better odds than the lotto, I'm sure, but a gamble nonetheless. PR visas, or visas that lead directly to PR (like Partner Visas) just seem like less of a gamble to me.

Unfortunately I don't think registration of your relationship will be possible until you've been in Vic 12 months, which won't really help you. You'll need to wait until you've been living together for 12 months to apply. Make sure you keep lots of evidence.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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