Cancellation of 457 visa and onto PR??
#17
BE Forum Addict
Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: Cancellation of 457 visa and onto PR??
We are telling you how immigration will see it. You are applying to stay in oz permanently, but when you had already moved your whole life out here you have decided to leave your husband here, and uproot your children. There is no logical reason to do this if you are still with your husband and want to live in Australia.
It would be different if one of you had gone ahead to get everything set up, but you had that, had your children in Aussie schools, had a job etc and have left it. As I said, immigration were investigating a couple who were still in the same country. If you want any chance of getting pr then don't leave.
Also, if you get pr, and then seperate, and immigration believes you were not a couple at the time of the visa grant then pr CAN be cancelled.
It would be different if one of you had gone ahead to get everything set up, but you had that, had your children in Aussie schools, had a job etc and have left it. As I said, immigration were investigating a couple who were still in the same country. If you want any chance of getting pr then don't leave.
Also, if you get pr, and then seperate, and immigration believes you were not a couple at the time of the visa grant then pr CAN be cancelled.
#18
BE Enthusiast
Joined: Mar 2008
Location: Manly, NSW
Posts: 313
Re: Cancellation of 457 visa and onto PR??
i think you can only get a bridging visa if the 457 visa (4 years) expires after you have lodged the PR but before the PR is awarded.
You would have to be careful your employer (hospital) does not inform immigration that you have left once the PR has been lodged. Iwould recommend you stay put until it is awarded. much easier to stay here for your hubby then.
You would have to be careful your employer (hospital) does not inform immigration that you have left once the PR has been lodged. Iwould recommend you stay put until it is awarded. much easier to stay here for your hubby then.
#19
Re: Cancellation of 457 visa and onto PR??
A bridging visa would be placed by immigration on application to move from the 457 to PR; however this visa would be for you as the visa owner of the 457. Your hubby is only entitled to work due to YOUR visa. He would not be entitled to stay here if you went back on either as effectively the visa is cancelled and your employers have to notify immi that you are no longer employed or within the Country.
If your hubby wants to stay, then as said, he will need his own visa whether that's through general skilled or sponsorship......
Defo speak with an agent
Ems
If your hubby wants to stay, then as said, he will need his own visa whether that's through general skilled or sponsorship......
Defo speak with an agent
Ems
#20
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,787
Re: Cancellation of 457 visa and onto PR??
A bridging visa would be placed by immigration on application to move from the 457 to PR; however this visa would be for you as the visa owner of the 457. Your hubby is only entitled to work due to YOUR visa. He would not be entitled to stay here if you went back on either as effectively the visa is cancelled and your employers have to notify immi that you are no longer employed or within the Country.
If your hubby wants to stay, then as said, he will need his own visa whether that's through general skilled or sponsorship......
Defo speak with an agent
Ems
If your hubby wants to stay, then as said, he will need his own visa whether that's through general skilled or sponsorship......
Defo speak with an agent
Ems
#21
Re: Cancellation of 457 visa and onto PR??
Once PR has been granted though the husband has his own right to permanent residency and can stay on his own. I don't think it would be a good idea for anyone to leave until the PR is granted though. He will only get PR if DIAC can see the relationship is still ongoing at the time of granting it. If the couple are in different countries that might be difficult to prove.
Also if employer sponsors to PR then I believe there would be also be an expectancy for the employee to stay in that position for a length of time....
http://www.immi.gov.au/skills/skills.../subclass-489/