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Spousal Visa Help! - already sponsored by work

Spousal Visa Help! - already sponsored by work

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Old Jul 17th 2013, 1:54 am
  #1  
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Unhappy Spousal Visa Help! - already sponsored by work

Hello all,

My husband has been in Australia for 5 years already and is sponsored by his work. We've been delaying the whole spousal visa thing (im an Australian citizen) because it is a bit tedious, but he now wants to leave his employer.
My understanding is that once we apply, he will go on a bridging Visa - is this correct?
If so, does this override the sponsorhsip of his employer and would be be able to persue work somewhere else?

We are very much trapped by this situation and need any/all advice! would anyone recommend us to get an immigration/visa lawyer? I'm trying to avoid additional costs

I appreciate any help!
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Old Jul 17th 2013, 2:04 am
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Default Re: Spousal Visa Help! - already sponsored by work

From what I have read on here, he will go on a Bridging Visa once his current visa ends rather than once he applies.
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Old Jul 17th 2013, 3:29 am
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Default Re: Spousal Visa Help! - already sponsored by work

Originally Posted by Jogley
Hello all,

My husband has been in Australia for 5 years already and is sponsored by his work. We've been delaying the whole spousal visa thing (im an Australian citizen) because it is a bit tedious, but he now wants to leave his employer.
My understanding is that once we apply, he will go on a bridging Visa - is this correct?
If so, does this override the sponsorhsip of his employer and would be be able to persue work somewhere else?

We are very much trapped by this situation and need any/all advice! would anyone recommend us to get an immigration/visa lawyer? I'm trying to avoid additional costs

I appreciate any help!
If he remains with his employer he'll remain on his current visa. However if his current visa were to be cancelled, after the Spouse Visa is filed. then he would go on to a bridging visa while waiting for the grant.
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Old Jul 17th 2013, 3:34 am
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Default Re: Spousal Visa Help! - already sponsored by work

Thank you stSabre, thank you Pollyana! that is excellent news to hear!
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Old Jul 17th 2013, 8:46 am
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Default Re: Spousal Visa Help! - already sponsored by work

I want to clarify some technicalities here, if he applies for a partner visa whilst on the 457 visa then a bridging visa A is running in the background. However if he leaves his job and the 457 visa is cancelled the bridging visa A is also cancelled.

He would then be on a bridging visa E, which is the emergency bridging visa, it is the bridging visa that for example somebody found to be illegal would be put on as everybody except citizens must have a visa. It has no work rights and there is no right to leave and re-enter Australia, it is not possible to apply of bridging visa B from bridging visa E in order to leave and re-enter the country I mean. So really he needs to avoid the scenario if being on bridging visa E.

Whilst it is too late for you, the best way to manage this situation would have been through a bit of forward planning and getting this sorted out much sooner.

As it is, I would be inclined to say that he needs to stay with the employer until the partner visa is granted. The other option, is that he quits his job, canceled the 457, leaves and re-enters on a tourist visa, then applies for partner visa and then he will get a bridging visa A which would allow him working rights. Tis has risks of course, which is why I recommend he sticks with the employer until he gets the partner visa, but just presenting the options.

Or he does as you and Pollly have discussed and gets the emergency bridging visa, but I personally think this is a bad idea.
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Old Jul 17th 2013, 9:46 am
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Default Re: Spousal Visa Help! - already sponsored by work

Originally Posted by Bermudashorts
I want to clarify some technicalities here, if he applies for a partner visa whilst on the 457 visa then a bridging visa A is running in the background. However if he leaves his job and the 457 visa is cancelled the bridging visa A is also cancelled.

He would then be on a bridging visa E, which is the emergency bridging visa, it is the bridging visa that for example somebody found to be illegal would be put on as everybody except citizens must have a visa. It has no work rights and there is no right to leave and re-enter Australia, it is not possible to apply of bridging visa B from bridging visa E in order to leave and re-enter the country I mean. So really he needs to avoid the scenario if being on bridging visa E.

Whilst it is too late for you, the best way to manage this situation would have been through a bit of forward planning and getting this sorted out much sooner.

As it is, I would be inclined to say that he needs to stay with the employer until the partner visa is granted. The other option, is that he quits his job, canceled the 457, leaves and re-enters on a tourist visa, then applies for partner visa and then he will get a bridging visa A which would allow him working rights. Tis has risks of course, which is why I recommend he sticks with the employer until he gets the partner visa, but just presenting the options.

Or he does as you and Pollly have discussed and gets the emergency bridging visa, but I personally think this is a bad idea.
In his shoes I would be moving asap on the Spouse application and sticking with the job until its granted. Bridging visas can just get too complex one way and snother.
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Old Jul 17th 2013, 11:32 pm
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Default Re: Spousal Visa Help! - already sponsored by work

wow - thats really excellent information thank you bermudashorts! Yeah, we hadn't been too hasty on the spousal visa because is is sponsored. But the working environment is now toxic and we have to get moving on it.
I'm hoping potentially we can find him an employer to take on his sponsorship until the spousal visa is granted.
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