mlbonner

Hi

Just been out for dinner with a friend, I've said I'd help her put together her de facto visa but we're stuck on one thing. She's English and currently here on a 457. What are the implications of her applying for a De Facto visa while on a 457?
She's engaged to the guy, has the minimum 12 months etc so that shouldn't be a problem, we just weren't sure about the 'limbo' period between having a 457 and applying for a de facto. Also, "if" for any reason she didnt get the defacto would she lose her 457 or does this only go if replaced by another visa.

Thanks

George Lombard

Hi Michelle,

I hope you're not giving migration advice there, petal :-)

No worries about applying for an 820 while the holder of a 457 as a principal. Quite a common occurrence. When the 820 is granted the 457 will "cease", not before, and if the 820 is refused it won't affect her 457 unless she does something so bad as to justify cancellation. Now if she were the holder of a 457 as the partner of someone else and had racked up 12 months de facto relationship with a new partner, that would be interesting :-)

Cheers,

George Lombard

www.austimmigration.com.au

mlbonner

Of course not..... She's actually going to speak to their company lawyer/immigration person, just can't do that until the New Year now.

She has the 457 in her own name, not as interesting as the other alternative, but a lot easier I would say!

Thanks for your reply.

JAJ

If the employer is keen to sponsor for permanent residence, this may be a better alternative.

If the employer won't sponsor, then go for the 820 - and once this is granted and you're no longer tied to the employer, you can still go for employer nominated migration or permanent residence if that employer or an alternative one is prepared to sponsor you and the requirements are met. This would get you PR quicker than waiting the normal 2 years, and an unwilling employer may change his mind once you have your 820 and the right to work elsewhere.

Get professional advice if contemplating this option.

Jeremy

mlbonner

Thanks Jeremy, I'll pass that on.
She's going to see her companys lawyer who handled her 457 in the New Year to see what her options are through the company - sounds too complicated for me!

asprilla

Ok, so applying for a de-facto whilst being on a 457 seems to be ok....

However, lets say that I apply for a defacto visa at the end of July, & then 2 or 3 weeks later, I lose my job. Would I have 28 days to leave Australia ?:
http://britishexpats.com/forum/showthread.php?t=266447

I'm guessing the answer is "no - you would be on a bridging visa".

However, what happens if my defacto application is unsuccessful, and in the meantime, 28 days has passed ? Does this mean that my visa would revert to the cancelled 457, meaning I would be required to leave Australia immediately ?! (I hope not....)

Kind regards,
Mark

JAJ

Mark
You're touching on a range of complex issues here, including whether your 457 visa gets cancelled or not. This touches on issues of automatic Bridging Visa A cancellation and section 48 of the Migration Act - you need to get some professional advice specific to your circumstances from an agent up to speed on the matter.

Jeremy

asprilla

Thanks Jeremy. In your opinion, what would be the worst case scenario here ?

Also, any agent recommendations around Brisbane would be appreciated from anyone.

thanks
Mark

mlbonner

(guessing) worst case, would be to be kicked out of Australia!!

There's a Four Corners in Milton I think, I believe George L also may have a Brisbane office.

I got your PM's, but I'm guessing you can see from the above, this is pretty much what I know