wedgie19

Hi, I am currently sponsored on a 457 visa and have this week submitted an application for defacto PR through boyfriend. I have been told the processing time for defacto is 9 months. I do not want to stay in my current job for another 9 months, actually I want to give notice as soon as I return from a trip home in August. received an acknowledgement letter from immigration today which states:

You were granted a bridging visa A upon lodgement of this application with visa condition 8107 WORK LIMITATION.

My migration agent tells me I can hand my notice in and then apply for permission to work whilst I am waiting for the defacto visa, and will have the same working rights as my last visa - i.e. my 457.

Has anyone else had the same situation? Have you left your sponsored job whilst waiting for defacto and been granted permission to work?

Any help appreciated!

Laights

Not sure on your working rights but my sons partner is on a bridging visa waiting for her defacto visa, she submitted hers in November lst year and was recently told that she will be lucky if they get to look at it by November this year. Also if you want to leave the country you will have to get your bridging visa changed to a bridging visa B. You wont get back in on a Bridging Visa A

Bermudashorts

Do you know what that condition means?

wedgie19

I've googled what it means and found this:

The work restriction comes into effect once a nomination by an employer is approved. Once this happens, the 457 holder can only work for the nominating employer in the occupation which is specified in the nomination.

There are only a few exceptions to this rule:

•If the employee is employed as a general manager or medical practitioner; or
•The employee needs to serve out a notice period with the previous employer; or
•The employer is an "associated entity" of the sponsor - this would include subsidiaries, parents and sibling companies
The new condition 8107 also makes it clear that if the person ceases employment, this can only be for a maximum of 28 days before the 457 holder is considered to be in breach of their visa conditions and subject to visa cancellation.

Which reads to me that I must stay with my current employer unless I get another sponsor?

Thanks for the info Laights - that's annoying it's taking so long, I hope your son's partners goes through quicker that that!

Bermudashorts

Agree, you need to stay with your employer until you get your partner visa ... unless you get a new sponsor.