hi my partner and i are on a 457 visa .and i lost my job last week long story ..but my big prom is my partner sandra is due our first child next week .as i am looking for another sponsor .i know i have 28 days to get one or leave country ..even when my 28 days are up i can not fly home or will not leave my partner here with new child ..does any one have any answer please we are at breaking point just now any advice would be so helpful

Is your partner Australian?
She might be able to sponsor you

I thought of that, but he does say "we" are on a 457, and there's no way an Aussie can hold a 457. Time to talk to an agent fast I think - before speaking to DIAC

Yes, like the others, I don't really get you. Either you and your OH will be on the 457, in which case you would not be leaving her as she would be bound by the same conditions as you. Or she is an Australian PR, in which case you lodge for a partner visa. Easy, no ....? If it is not as easy as that, more info required here.

Sorry to cut across you guys but I think the the situation is bigbaz and sandra are a couple living in Australia on bigbaz's 457 and bigbaz junior is making an appearance at an akward moment in its parent's lives as kids do. Does anyone know what is the best move for bigbaz as a 24 hour flight back home with a newbrn and a possibly sick(or at least unwell) mum is not a good option.

p.s. bigbaz if I have got this wrong just say so BTW good luck on the impending arrival, probably a boy judging by the timing

The best move as I already said is to speak to a good agent.
A cancelled 457 gives 28 days to leave, so talking to an agent quickly wll be the best answer - they can come up with options that we can't, because they know what is possile. It may be that DIAC will make concessions because of the pregnancy, but I don't know, and approaching DIAC through an agent is the best way to get a positive answer

hi no my partner is irish like me .the departament of immigration have said that can give me a holiday visa maybe for a month at a price of course 1000 dollars .. it is crazy i can get work off loads of people with out this 457 visa and since i done 16 months already on this visa and 6 months of this ws up north ..i pay my tax i pay my medicare .each week ,and am not entitled to medicare ..there must be some ley way serious ....thanks for replay ..

SO you are both on your 457. You keep saying YOU have to leave within 28 days, you do know that you BOTH have to leave within 28 days. As above you should really speak to an agent.

It doesn’t matter that you paid tax etc here, at the end of the day you were on a temporary visa and this is the unfortunate risk.

Contact an agent and good luck.

One of the 'joys' of coming on a temp visa. Members of a public forum can not give you the help you require. You have to speak to a registered migration agent who will know the best way forward. Yes DIAC may be lenient but they are under no requirement to do so as the rules of the 457 are very clear up front.

If you can't find another sponsor and if DIAC won't be lenient then you and your wife and baby will have to leave within the 28 days.

hi money penny u are full of joy .thanks but i could go 2 immgrant office to heard that ...i not asking you for a way out of this .. i asking for some help and advice so cheers but ???

The advice you need has been given to you already ... speak with a competent migration advisor.

Soon.

Best regards.

As Alan has said, you need to speak to a migration agent. Not DIAC, not a public frorum, but a MARA registered migration agent. First thing tomorrow morning.

Your problem is not able to be fixed by people on an internet forum. You need the help and advice of an advocate who can present the best possible case to DIAC on your behalf. As has been said a number of times in this thread...CONTACT A GOOD MIGRATION AGENT AT 9:00 MONDAY MORNING.

I would imagine he's saying HE has to leave and doesn't want to leave his partner, because no airline will take her this far pregnant, and nobody would want to take a newborn baby on a plane, even if they were allowed.

Sorry about your predicament, bigbaz, but as the others say you need professional advice as soon as you can get through to somebody. Hopefully you can get an extension on medical/compassionate grounds but if you have to pay $1000, so be it. What price the health of your partner and baby?

I have never heard A$1000 for a tourist visa, and if there is no employer sponsorship option that may be the best option on offer. Which gives time to have baby born, get birth certificate and (foreign) travel documents for child, and leave Australia.

But do get professional assistance to make sure nothing has been missed.

This is often the 457 reality.

A few days ago, someone on another thread was talking about giving wine, etc, to a 457-sponsoring employer (out of gratitude for being sponsored and so on). And there was a lot of criticism for the suggestion that the time to feel grateful to employer is after permanent residence is granted, not before.

WHich makes it clear the other issue that needs to be sorted out by an agent - if the partner is a dependent on the same 457 then the partner also will become unlawfully here after 28 days, as the visa wil have run out. They will both need visas in order to stay. Plus there is the issue of what the baby's status would be once its born? If the 457 no longer exists what status would the baby have? I'd never thought of this one before but if a baby is born inside Australia to parents on a tourist visa/evisitor then what status would the baby have, or is he/she unlawfully here from the moment of borth? Thats definitely a JAJ/agent question!