nhs84

Posting on behalf of a friend:

Looking for any advice on options:

I am from England and originally came to Australia in October 2016 on a working holiday visa. Come July 2017 I was given sponsorship on the new 457 visa (after the visa changes). I have the 457 visa for 4 years and as far as I am told, I would need to apply and be granted this visa 3 times (12 years!) to get Permanent Residency. I have been with my Australian partner since March 2017, living together from September 2017.

As far as I'm aware, my only other option to stay is to pay a lot of money (which I dont currently have) to apply for a de facto visa, in which i would be unable to travel throughout the 24 month application process.

My work is exhausting me, im doing 4 roles and feel taken advantage of, which I hear is common for 457 visa holders. Does anyone know any other options I have to become a permanent resident? Or if anyone has any advice of coping mechanisms when work is taking up all your time and energy?

Thank you for reading and I appreciate anyone who can help.

old.sparkles

If your friends occupation is still on the list they could apply for 189 / 190 visa if they meet the other criteria. Otherwise, I think they can be sponsored for a PR visa on the transition stream after 3 years (changes this month from 2 years).

Or de-facto as you already noted. Cost of a de-facto is high, but accumulative costs of a skilled visa can reach similar amounts by the time you add in skills assessment, English tests, etc.

Pollyana

Can't/won't comment on any skilled routes, beyond the fact that there is NO guarantee of PR after 12 years on a 457. Thats total rubbish.

De facto visa - if you can register your relationship in the state you live in then you do not need any time living together. Otherwise you will need to prove 12 months in a de facto, cohabiting relationship.
Once you apply for the subclass 820, you remain on the 457 until it expires ( don't cancel it, it needs to actually expire), then you go onto a Biridging Visa A until your 820 Partner Visa is (hopefully) granted. If you need to travel you just contact Immigration, tell them why you want to travel, and they give you a Bridging Visa B. You aren't a prisoner, you can still travel during the processing

M0zza

You could spend 20 years on a 457 and it still may not mean PR, why your friend thinks that 12 years and three 457 visas leads to PR is a mystery. Any case it is being replaced.

Your friend needs to apply for a skilled migrant or a partner visa, assuming they qualify. There is no cheap permanent visa unfortunately.

I have never heard of a 24 month ban on travel during the application process and cannot see how the Australian government could enforce such a thing.

Pollyana

There is no travel ban, but if one goes onto a Bridging Visa A while waiting for an onshore application to be granted, then one needs a Bridging Visa B in order to travel - leaving Aus is fine, its coming back thats the problem.
If on any other Bridging Visa, then check with DOHA before travelling.

nhs84

So much conflicting information.
She has just spoken to an immigration lawyer and she was advised that even if they go down the de facto / marriage route, she can't can't 'switch' to that visa until her current one expires. Added complication right now is our company has been acquired and so job security is an issue and no guarantee that new company will take on 457 or even if our roles are required.
If she were to apply for defacto now and say in 6 months when the acquisition is complete she is made redundant, would that count as the 457 being cancelled and then be allowed to switch to defacto?

Pollyana

If she applies for the de facto visa now then she will stay on the 457 until it expires.
Once she has applied a Bridging Visa A will sit in the background. If the 457 expires before the de facto is granted, then she would go automatically onto the BVA, and if she wishes to travel would need to apply for a BVB.
If she cancels the 457 then the BVA will also be cancelled meaning she would be here without a legitimate visa.
If she remains on the 457 nd the de facto 820 is granted before the 457 expires, she simply moves automatically to the 820.


I THINK that if the 457 is cancelled just because the job no longer exists as the company has closed, she would go onto the BVA but I'm not sure, she would need to ask the agent that specific question - "If the company no longer exists and thus my 457 is cancelled by them not by me, would I be on a BVA or would that be cancelled too?"