457 - transfer from secondary to primary holder!

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457 - transfer from secondary to primary holder!

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Old 03-11-2011, 05:17 PM
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457 - transfer from secondary to primary holder!

In a bit of a dilemma here, would appreciate any feedback!

My partner had been added onto my 457 visa as a secondary applicant, from her original holiday working visa, whilst we were working out in Australia. On my permanent return to the UK last month however, we duly took note that she would only have 28 days remaining from my termination of contract to get hold of a new visa (though my 457 would technically not expire till Aug 2013).

Her workplace have agreed to sponsor her and as far as we are aware, have submitted her application for primary 457 visa. She is of the understanding that as long as an application has been submitted, she is free to continue to work in Australia as no 'bridging visa' is required to go from one 457 visa to another. She has not however received any paperwork / email from the immigration office.

The dilemma is that there has been a very recent family bereavement for which she needs to urgently come home to the UK for a week or two. Unsure of her exact visa situation, she is wary to leave Australia and have to return without her 457 being formally granted.

Unfortunately, there are no emergency or out of hours immigration numbers to contact to clarify the situation (late Fri night / early Saturday morning).

Technically, my 457 for which she was a secondary applicant has not yet been cancelled, nor have my work place contacted immigration as I found out whilst trying to apply for transfer of my super. However, I had already emailed immigration to cancel this last week, and with the approx three week delay, she would not want to run the risk of being refused entry!

1) Is there any emergency number she could contact to clarify her situation over the weekend as she needs to fly out asap?

2) If a new 457 has been applied for, as for example, she is clearly able to currently work there, would she be able to leave Australia and return before the formal granting of her 457 as a primary holder?

3) Transferring from a secondary to primary applicant on a 457, presumably that is the granting of a completely new 457 .. is she on a bridging visa of sorts? Or is one not required?!

Unfortunate that all this had to happen on a weekend! Any help on the matter would be much appreciated.

Many thanks in advance!

Last edited by Reza; 03-11-2011 at 05:20 PM.

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Old 03-12-2011, 12:47 AM
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There're a few assumptions you have made which may cause her some problems.
1. Your 457, irrespective of its nominated termination date will be invalid as soon as you are not employed by a sponsor, you then having nominally 28 days to find a new sponsor, apply for a different visa or leave Australia.

2. Your partner was in the same boat and effectively is now in Australia without a visa.
Her going from one 457 to another without a bridging visa is not applicable as that is just the situation for the primary applicant.

So with the unfortunate situation in the UK, she also has a real dilemma on her hands re having no current visa and working illegally.
You can check the Contact list on the Immi site but I am unaware of an after hours number for visa enquiries whilst in Australia and I doubt if there was that it would handle such matters other than to advise her of the need to see Immi first thing Monday morning.

That is what she should do as well as clarifying with the potential sponsor exactly what they have done.

Immi may be able to issue a bridging visa to allow her new application to take place but if it is not a Bridging Visa A she will not be able to apply for the Bridging Visa B which allows travel but her best situation could be to get her 457 application in and plan on spending some extra time in the UK awaiting the new 457 grant.

Hopefully her new application will not be affected by her current situation and the best will be made of that with not delaying her presenting herself to the nearest Immi office to clarify the mess.

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