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ashmo

Transition from 457 to Partner Visa Whilst Changing Employers

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My partner has a 457 visa expiring July 2019. 

His boss is moving the team to a different organisation in November 2018. As 457's have been abolished, the new employer cannot become his new sponsor and they are reluctant to apply for a 482. 

We meet the criteria for a partner visa, but as we have not yet applied this is unlikely to be granted by November when he needs to start with the new employer. Even if we applied now, a bridging visa granted on the basis of him holding a 457 would not come into effect until the 457 expired in July 2019. 

Is there a way to apply for the partner visa and receive a bridging visa with work rights that are not limited to remaining with his 457 sponsor? Eg. Leaving the country, requesting cancellation of the 457, returning on a tourist visa, then making the partner application once back onshore?

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The issue is if he can even get a tourist visa immediately after having been in Oz so long on a 457, will he even be allowed back in on a tourist visa? You have to be a genuine tourist or they can refuse either the visa or entry at the border. So in my opinion, it would be a risk trying to get back in that way as there's no guarantee he'll be able to. Not just having spent so much time in Oz but also canceling the 457 then trying to reenter as a "tourist" immediately after.

Even if it worked, he'd have no work rights until the BVA kicked in at the end of whatever stay period the tourist visa comes with.

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On 6/3/2018 at 7:59 AM, skyblue said:

The issue is if he can even get a tourist visa immediately after having been in Oz so long on a 457, will he even be allowed back in on a tourist visa? You have to be a genuine tourist or they can refuse either the visa or entry at the border. So in my opinion, it would be a risk trying to get back in that way as there's no guarantee he'll be able to. Not just having spent so much time in Oz but also canceling the 457 then trying to reenter as a "tourist" immediately after.

Even if it worked, he'd have no work rights until the BVA kicked in at the end of whatever stay period the tourist visa comes with.

Hello skyblue, 

I was advised by an immigration lawyer that I could try this exact same method, or perhaps reenter on a Subclass 400 Short Stay Specialist visa. 

 

Could you elaborate on why you believe the tourist visa may not be granted? 

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