British Expats

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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   820 applied, job(&457) ending, can I return to UK and await decision from there? (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/820-applied-job-457-ending-can-i-return-uk-await-decision-there-889494/)

chemcat Jan 2nd 2017 9:24 pm

820 applied, job(&457) ending, can I return to UK and await decision from there?
 
Have hunted through the threads and not come across this topic, so sorry if I've missed it and it's in there already.

I'm on a temporary skilled workers 457 visa and my job with my current employer ends soon. I haven't found another employer to sponsor my 457 yet.

Have been with my partner for 18 months, and am currently applying for an 820 visa (want to get this process moving asap - would rather not wait to see what the job situation is like in another 6 months - and am pretty confident there shouldn't be a problem with eligibility). Assuming I can't find another sponsor, I have two options:
1) move onto a bridging visa B in the meantime (being able to visit the UK over the next year is necessary),
or
2) return to UK and await the decision from there.

I've read a bridging visa has no work rights unless you can demonstrate financial hardship. That's not a route I want to go down, and I cannot afford to take a career-break when the processing times are so vague.

If I return to the UK for a few months (9-12 I guess), will the 820 application still be ok? I can fly back to validate as soon as it's ready for granting if that's allowed? Does anyone know of couples who've been through a similar situation? Do you get notified when it's 'ready for granting'?

Many thanks in advance.

old.sparkles Jan 3rd 2017 5:35 am

Re: 820 applied, job(&457) ending, can I return to UK and await decision from there?
 
Hi there and welcome :)

Hopefully someone with a bit more knowledge of partner visas sill be along shortly, but I think if you are on the bridging visa for a partner visa you do get work rights if that helps.

ETA - did a quick search to confirm this and found http://britishexpats.com/forum/immig.../#post11909899

Pollyana Jan 3rd 2017 8:13 am

Re: 820 applied, job(&457) ending, can I return to UK and await decision from there?
 

Originally Posted by chemcat (Post 12141258)
Have hunted through the threads and not come across this topic, so sorry if I've missed it and it's in there already.

I'm on a temporary skilled workers 457 visa and my job with my current employer ends soon. I haven't found another employer to sponsor my 457 yet.

Have been with my partner for 18 months, and am currently applying for an 820 visa (want to get this process moving asap - would rather not wait to see what the job situation is like in another 6 months - and am pretty confident there shouldn't be a problem with eligibility). Assuming I can't find another sponsor, I have two options:
1) move onto a bridging visa B in the meantime (being able to visit the UK over the next year is necessary),
or
2) return to UK and await the decision from there.

I've read a bridging visa has no work rights unless you can demonstrate financial hardship. That's not a route I want to go down, and I cannot afford to take a career-break when the processing times are so vague.

If I return to the UK for a few months (9-12 I guess), will the 820 application still be ok? I can fly back to validate as soon as it's ready for granting if that's allowed? Does anyone know of couples who've been through a similar situation? Do you get notified when it's 'ready for granting'?

Many thanks in advance.

As Sparkles has said, as it is a Partner Visa you have applied for, once you are on th Bridgi g Visa you have full working rights.

chemcat Jan 4th 2017 3:07 am

Re: 820 applied, job(&457) ending, can I return to UK and await decision from there?
 
Thanks for the feedback both. If the 457 "expired naturally", i.e. 4 years after granting, I'd move onto a Bridging Visa A with work rights, but I've read that this is not the case if it is cancelled early.

As my 457 is coming to an end early (it was only ever a 19 month contract), then after my 90 days are up I would need to apply for a Bridging Visa E (and be in Australia 'illegally' for the couple of days until this is granted). If I applied for a BVA while on the 457, this would get cancelled if my 457 is cancelled, so same situation: have to apply for a BVE. BVE has no work rights, resets citizenship clock, and you can't get a BVB (which allows travel).

Does anyone know whether an 820 application would get cancelled if I went back to the UK? I'm thinking of coming back on a tourist or working holiday visa so I'm in Australia when it's (hopefully) granted.


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