elice_in_oz

Hello wise BErs

Things have changed so much in the land of immigration since we were on a 457 and we did our PR then citizenship that I need a refresher course

A friend of a friend is on a 457 but has just been made redundant and his redundancy comes into effect at the end of Feb. According to my friend (Friend A), her friend (Friend B) has looked into getting PR. Apparently B qualifies for points and so could put in an EOI for a PR visa (is it the 885 nowadays?). That would obviously be an independent offshore application unless he finds a new job pronto with someone who can sponsor him for PR. B thinks he can get a bridging visa if he puts in his EOI before the 28 days are up. Am I right in thinking that there is no way you can get a bridging visa between an about-to-expire 457 and an offshore PR visa? Offshore being the operative word there.

According to A, B had a look at immi.gov and that's where he came up with that idea. Methinks he misinterpreted the literature. I had a look myself and got all confused by the extensive use of the word substantive all over the bridging visas page. Hard to find the exact meaning of substantive according to immi. Anybody au fait with the legalese?

Thanks muchly

mrsgreenstar76

The 885 doesn't exist anymore. If they want a PR visa that isn't sponsored by an employer, then there is the 189 (independent PR) or the 190 (state or territory sponsored PR). The advantage with these new visas is that they can be inside or outside of Australia at the time of application & grant. The problem they would have is that they'd need to submit an EoI and obtain an invitation to apply. They wouldn't be able to bridge to an EoI - they would have had to have lodged the actual application in order to obtain a bridging visa. If there's no application lodged, there's nothing to bridge to.

Before they submit an EoI, they would need to obtain a positive skills assessment (and IELTS if they need it). Unless they already have them, then there's little chance they'd have time to get it all done before their 457 runs out (assuming that it expires at the end of March).

Hope that helps.

commonwealth

an EoI is not considered a visa application.

elice_in_oz

That's what I thought. And if (big huge massive if) they get the application in after the redundancy but before the 28 days, are they still considered to be on the 457? Or is it expired.

Bermudashorts

Bridging to an offshore visa is no longer the issue, although what you said would have been true until July 2012.

No the issue is you cannot get a bridging visa A from a cancelled visa ... and I assume that the 457 will be cancelled rather than will expire.

They can at best hope for bridging visa E, which is the emergency bridging visa (it is what they also put people on when they have been found to be illegal). This visa has no working rights and it is not possible to apply for the bridging visa B if say they wanted to leave the country for a quick trip overseas.

elice_in_oz

Thanks BS. That's what I thought. And yes, I assume the visa will be cancelled since they were told they had a 4-year visa (obviously subject to having the job for 4 years).