Canceling a 457 while 801/820 has been submitted - Anyone been through this?
My partner is being sponsored on a 457 visa and we applied for an 801/820 visa in April 2014 (which we haven't heard back yet).
Her boss has just sold the business, and the new owner has said that the work visa will no longer be in effect after 90 days.
Apparently because it will be a new business with a new ABN & owner, they would have to pay the entire 457 fees and apply all over again, which they have decided not to do.
Ergo, my partner has been told she has 90 days and after that it's all over.
Can anyone advise what happens after the 90 days? Would my partner be eligible to move onto a suitable Bridging Visa (one that allows her to work and travel) until the 801/820 decision is made?
It's all so confusing and we're very worried right at the moment, so any advice would be appreciated.
Michael, can you please confirm that the Partner visa was lodged in April 2013? If so, you definitely should have heard back by now. Your partner should look to see if she can find another employer to take over her sponsorship so she can continue working. Otherwise she will either sit on the 457 visa unable to work while the Partner visa processes, or the 457 visa will be cancelled. Cancelling the 457 visa will also cancel the Bridging Visa A that she was automatically granted when the Partner visa application was lodged. This means that your partner would then have to attend the Department of Immigration and obtain a Bridging Visa E (BVE). BVEs do not have work rights (though it is possible to apply for these if you can show financial hardship) and it is not possible to travel overseas at all.
I hope that helps.
All the best to both of you.
My fault, I meant 2014. So it's coming up to nine months now.
I'll try and edit my post, thanks for pointing that out.
And thanks for the advice - I have an emergency meeting with my migration agent tonight to discuss our options regarding bridging visas.
It seems unreal that the visa can be cancelled through no fault of the employee and have them stranded in a kind of limbo where they can't work, can't leave... Not a nice thing to be dropped on us at this time of year :(
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