ohsofancy

Hi there,
I am currently here on a 457 visa with my husband and kids. I am a nurse and I have been sponsored by the hospital.

The thing is I have not settled here in Oz and want to go home with children. i have personal things going on at home that i must sort out. My husband has been offered a great job here ( without sponsorship) which means that he will stay on a while. If I leave my 457 sponsor, return to UK and lodge permanent residency visa (I have invitation from skills select) can my husband get some sort of bridging visa that will keep him legal here??? What are our options. Will my broken 457 contract impair any decisions? I really need to sort this ASAP
Thanks

Dorothy

If your husband is here on your 457 he will have to go when you go. He would either need to get his own sponsor or leave with you, as his visa is dependant on your working for your sponsor. When your 457 is cancelled, so is his.

And just as an aside, if you have not settled and want to go home, what's the point in lodging a PR application?

ohsofancy

Thanks for reply. Getting PR so my hubby can work

ohsofancy

If PR visa was lodged before I left would he have to leave?

Dorothy

So, you're going to be applying for a visa but not intending to use it? You're adding your spouse as a dependant on your visa, but not planning on staying married to him - only getting the visa so he can stay. Am I reading your post correctly?

commonwealth

i think its best to avoid asking some personal questions, it's their business. instead why can't we answer the questions as it is.

paddyo

I think there are some issues here that you need to address and it may be that they are too personal for this forum, however, your husband can NOT stay when you go, can NOT stay while you lodge a PR and in fact if you do so with no intent to stay here then are are lodging a false application.
If you have not settled here then you are sending the wrong signals about wanting a Visa for your husband.

commonwealth

your hisband will have to apply for his own 457 to be able to work here when you leave. no need for a bridging visa for him if he gets a 457. i'm not sure the bridging visas can allow him to work as such.

ohsofancy

Thanks Daffyd Duck & Co btw I'm not splitting with my husband!! I have spoken to immigration and they said we can get a bridging visa B so no worries! We can come and go on this visa while waiting for PR.....

StSabre

Really? From what I have read if your 457 is cancelled because you leave, your husband won't be able to stay on a bridging visa. Bridging visas only become live if the old substantive visa expires (not gets cancelled).

Dorothy

I would take what you hear from DIAC's call centre with a grain of salt. Speak to a MARA registered agent if you want advice.

Dorothy

In order to answer the OP's question, it is necessary to get all the information. She said she had not settled and was going home with the kids. It's important in order to answer her question to find out what her intentions are. If, as I had read (maybe incorrectly) she was intending to apply for PR simply so her husband could stay in Australia while she and her children moved home, that could be seen as not on the up and up. If you take a look at the site rules, you'll see that BE does not condone illegal activity and giving advice to someone as to how they can obtain a visa illegally is against forum rules.

And if you're going to hang around the immigration forum, C it might be a good idea to actually offer advice now and then.

commonwealth

lol

pumpkin blossom

No, he can't get a bridging visa as these can only be got when the last visa expires, not when one is cancelled. Bridging visa b only lasts for three months and is issued to people who are on other bridging visas but need to leave the country.
As has been said, immigration are well known for giving out incorrect answers.

If you did apply for pr then immigration would be asking why you are living in seperate countries rather than as a family in the one which you ultimately want to move to. I'm sorry, but to us it sounds like you have split from your husband but are trying to find a way for him to stay without you. If it sounds that way to us it will to immigration too.

Do you think you would somehow settle later? I don't think so.
Your husband is going to need to find his own visa to stay on. On another forum a few weeks ago someone was being investigated by immigration as they believed they had separated, and they were living in the same country!

ohsofancy

heehee!! I haven't split with my husband.
Thanks for advice