rubbeldiekatz

Hi all,

quick question, I know somebody who might want to apply for the Spouse Visa onshore here in Australia. He is currently here on a 457 awaiting approval of PR (Long story).

What happens if he decides to apply for the spouse visa while still on the 457 ? Will he get a bridging Visa once application is lodged ? Will he have to leave the country at all ?

Thanks all for you help, as always

RDK

roaringmouse

What do you mean by this - has he applied for PR, or is he waiting for approval from a company to apply for PR?

rubbeldiekatz

he is in the process of getting PR through the 457 scheme but MAY have to go for the spouse visa option

roaringmouse

I'm under the impression that the 457 visa in itself doesn't lead to PR, and you can only apply for PR if you're eligible.

What is this "457 scheme"?
Has he applied to DIAC for PR?

rubbeldiekatz

Yes he is eligible, the question is however, what the procedure is if you switch from a 457 PR application to a spouse visa application onshore.

newjersey

all visas are independent and are decided on their own merits. you can have multiple applications in at the same time and the last visa granted supersedes all previous.

There is no "switching".

There is no such thing as 457 PR.

rubbeldiekatz

Ok so his 457 expires in may, if he applies for the spouse visa before then, will he get a bridging visa once the 457 expires ?

Dorothy

Yes.

Bermudashorts

There is no such thing as a 457 PR scheme. Your friend should clarify what other PR route is being investigated, because it could be a better option than a spouse visa (which might have a 2 year temporary stage depending on the length of relationshp. However if your friend thinks that the 457 will turn into PR by magic (as some seem to ) then indeed the partner visa might be a good idea.

And yes if one visa expires whilst another onshore visa is in processing it is possible to ger a bridging visa.

rubbeldiekatz

My only question was what happens if he does apply for the spouse visa, I know all of the above and so does he.

Lets say he applies for the spouse visa and it gets granted, what working conditions will it have ?

Thanks all.

Bermudashorts

He can work on a spouse visa, no conditions.

rubbeldiekatz

Great, thank you. I know the spouse visa very well but I just wasnt sure what happens if you apply for it while on another visa etc....

Thanks all !

newjersey

Until it is granted though, original visa conditions will remain in effect, even when bridging visa is used to gap the validity.

rubbeldiekatz

so he can only work for one particular employer?

Wendy

he's on a 457 - the employer sponsored one