Skilled migration: 457 to Bridging visa BVA to PR 189

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  • 1 Post By Jeremy Hooper
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Skilled migration: 457 to Bridging visa BVA to PR 189


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Old 11-12-2014, 04:30 AM
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Skilled migration: 457 to Bridging visa BVA to PR 189

Below is my scenario and question:

I am currently in 457 visa, employed with Employer ABC, living and working in Australia.

Dec 19, 2014 - Will do application lodgement with DIAC for PR 189 visa. Assuming I will get automatic grant of BVA on same day.

Case 1: From Dec 19, can I start applying for jobs? In other words, with the active BVA visa, prospective employers will look at me as PR 189 visa guy? or will I still be seen as 457 guy until the decision is made on my PR 189 application ?

Case 2: Dec 26, 2014 - last day with current employer ABC. When I start applying for jobs after Dec 26, prospective employers will look at me as PR 189 visa guy? or will I still be seen as 457 guy until the decision is made on my PR 189 application ?

The question arises because for my job profile (IT - SAP consultant), chances of getting job is high as PR 189 visa holder. Whereas, chances are very low as 457 visa holder.


Last edited by lingam; 11-12-2014 at 04:32 AM. Reason: additional information

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Old 11-12-2014, 04:52 AM
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You will not be regarded as "PR Guy" until your permanent residence visa is granted. You may apply for jobs once you are unemployed. However, your BVA will have the same conditions as your 457. Condition 8107 restricts your employment.

Once your 457 has expired then you are free to work within any restrictions on your BVA. You can find out what conditions you have on your BVA at that time on VEVO.

Regards

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Old 11-12-2014, 05:03 AM
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Quote:
Originally Posted by Jeremy Hooper View Post

Once your 457 has expired then you are free to work within any restrictions on your BVA.

Regards
Hi Jerry,

Normally my 457 is valid till Nov 2016. If Dec 26, 2014 will be the last day with current employer ABC. And 90 days it takes for 457 to expire. i.e. approximately on March 26, 2015 my 457 expires. So my BVA will me full work rights after March 26. Is my understanding correct ?

Thanks in advance for your time


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Old 11-12-2014, 07:00 AM
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Your 457 will not expire until Nov. 2016, after which your BVA will take effect. If you leave your employer in Dec. 2014, you must either find a new employer to take up your 457 sponsorship or leave the country (unless you get another visa before then). If you don't have a new sponsor before 90 days, DIBP could take steps to cancel your 457 and you'd need to leave Australia.

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Old 11-12-2014, 09:31 AM
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Hi Jerry, Maggie,

Thanks for your expert comments. Yes, just now checked immi.gov website and it is pretty much in line with what you folks have been saying.

It says "If you still hold a current substantive visa when your BVA is granted, you must continue to comply with any conditions that are on that substantive visa. When your substantive visa ends, the conditions of your BVA will apply."

My interpretation: I hold a current substantive visa 457, so I must comply with any conditions on 457. When my 457 visa validity ends (in Nov 2016), then the conditions of BVA will apply. Again, conditions of BVA will be known only when BVA is granted.

Thanks again
Lingam

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