paulthejock88

I arrived as a de facto spouse of an Australian citizen, it looks like its over (no kids) and want to remain here in Oz. I have been here over a year and had only 3 months till my 2 years (since my visa was granted), and don't know what visa to go for.

my work thinks that the 457 is the way to go. i work in marketing and have a permanent job here in SA.
any tips?
anyone else been in this mess of changing visa types?

i have an aunt in NSW- anyone been thru a 176 visa?

thanks

Pollyana

Have a ,look at recent posts by rubbeldiekatz .....

http://britishexpats.com/forum/member.php?u=33584

paulthejock88

i am not sure whioch one specifically to look at. good to know she watches the football (setanta is the channel for her!)

can you please point me to the topic?

thanks

Pollyana

Try THESE

niki23

Hi paulthejock88,

It seems to me you are currently on a temporary spouse visa and will be assessed against the permanent visa in about 2 years which is 3 months away, am I correct? If that's the case and your relationship is over, you are obliged to notify DIAC as obviously you no longer has a sponsoring spouse which is one of the requirements for the grant of a permanent spouse visa (subclass 100 or subclass 801). You could also choose to withdraw your visa application in which you would have 28 days to depart Australia.

IMHO,457 is the best way to go since you want to remain in Australia and you have an employer wiling to sponsor you. Although spouse visa is a substantive visa, you can't apply for 457 whilst you're in Australia if you are a holder of one. Hence, get your paperwork ready, get your company to arrange for Standard Business Sponsorship now if they don't have one in place as it takes approx 2-4 weeks (it's probably quicker with the New Centres of Excellence being implemented by DIAC), and by the time you depart, a nomination and visa application could be lodged together and that take about 6-8 weeks. Once again, the processing time varies. There's a thread on 457 in this forum.

As 176 is a longer process, you could apply for it when you return to Australia (if your 457 is granted) if you meet the prescribed criteria set out under this visa. It's best to seek advice of an experienced migration agent to assist you. Good luck. Cheers!

rubbeldiekatz

I have been in exactly the same situation.

I was a week away from getting PR.....very long story.

Anyway, my company agreed to sponsor me on a 457 which, unfortunately, due to my GREAT lawyer, took ages (8 months).

If your employer is willing to sponsor you and can be sponsored in the first place, go for it....

Its a long way to the top...

rubbeldiekatz

SHE is a he...

paulthejock88

thanks for this folks- i am a little worried about the timescales. i read on immi documents that the sponsorship and nomination should be done before i apply. i was also told i would have to leave the country temporarily, return on an eta, and then apply for the visa application. is this true? could i get some sort of bridging visa that lets me work while waiting for the 457?

thanks as always! lesson learned by this ex-de facto

niki23

Hi paulthejock88,

It is imperative to have sponsorship in place first. The visa nomination could be lodged together with the sponsorship or with your visa application.

You can choose to apply for the visa application while you're outside Australia and you can return to Australia under ETA whilst waiting for the grant (fingers crossed!) of your visa or apply for your visa application after you return to Australia with ETA but regardless, a no work condition (8101) will be imposed on ETA therefore you cannot work until your 457 is approved. Lastly, it's not only timescales you have to be worried about - you also have to tread very carefully with the change of circumstances in your defacto relationship if you have not notified DIAC yet. Good luck.

saraliz

Hi Paul,

The sponsorship application must be lodged first, then the nomination application must be lodged before the visa application. These applications can also be lodged simultaneously (DIAC will take them to have been lodged in the correct order). There is no need for any of the applications to have been decided before the next is lodged, however they will only be approved in the same order (sponsorship, nomination and then visa).

It is usually not necessary to leave Australia before applying for the subclass 457 visa - this will depend on your exact circumstances.

If you are inside Australia while applying for the subclass 457 visa, you will be granted a bridging visa which carries the same conditions as the visa you currently hold (eg. if you apply while holding a tourist visa, the bridging visa will carry a 'no work' condition). The bridging visa will not become active until the visa you held at the time of applying expires.

Cheers

Sara Brownell