[Schnitzer]

Hi everyone,

I'm currently on a 573 student visa. I had a question regarding the 485 and 457 visa. Please consider the following scenario...

I apply for the 485 visa and 457 visa at the same time. I will get a bridging visa due to either of these applications, however the 457 generally will be granted in 6-12 weeks, and 485 takes over a year to be granted.

Now if:

1. I get a 457 visa for 6 months while 485 is still under processing. I quit my job after 2 months. Will I go on bridging again as I already have a 485 filed in?

2. I get a 457 visa for 6 months and I complete the 6 months. Then will I go on bridging because of my 485 application or what?

Anyone have any ideas from experience?

Many Thanks in advance.

 

[Jayceee]

I don't think you can have two visas at once, the first would be cancelled by the issuing of the second I imagine.

 

[Schnitzer]

Hi Jaycee,

You're right when you say that, but I mean to say that I only have 457, while 485 is still being processed. So practically i'll only be having 1 visa, and 1 application still under processing.

What do you think?

 

[Jayceee]

I was talking about your bridging visa expiring when your granted a 457, if you loose your 457 because you quit your job you would need to apply for another bridging visa.

 

[Schnitzer]

So do you mean to say that the bridging visa I get when I apply for 457 and 485, will be expired once im granted a 457?

That does sound logical, but then if I quit / resign from my job won't that bridging visa be automatically restored?

If it wont be restored then as you mentioned to 'apply for another bridging visa', can that be done while staying here in Australia.

I hope you understand my scenario and what I'm trying to ask.

 

[Maz25]

Personally, I think you need to confirm this with an agent. If a 457 visa is cancelled, you effectively have 28 days to find a new sponsor or leave the country.

Your case is slightly different to most, so it would be a good idea to go over your options with a registered migration agent or alternatively, speak to immigration.

Also, bear in mind that it is always better to be on your own visa, so maybe the 485 visa would be a better option in this case, considering that whilst you are on a bridging visa, you retain all rights from your previous visa, including your right to work.

 

[Jayceee]

Get advise as Maz25 suggests, but I do know you cannot "park" a visa and then pick it up again later.

 

[Schnitzer]

Personally, I think you need to confirm this with an agent. If a 457 visa is cancelled, you effectively have 28 days to find a new sponsor or leave the country.

Your case is slightly different to most, so it would be a good idea to go over your options with a registered migration agent or alternatively, speak to immigration.

Also, bear in mind that it is always better to be on your own visa, so maybe the 485 visa would be a better option in this case, considering that whilst you are on a bridging visa, you retain all rights from your previous visa, including your right to work.

Thanks for your reply Maz.

You're right this is a bit unique case. The reason why I'm applying for 457 is that it allows my wife to come here, where as I can't add my wife on my 485 now as she's not on my 573.

Now I'm just working out a few contingencies, and need to be well aware of the consequences if I resign from my job. I'm pretty sure my wife won't be allowed to stay. I just need to make sure I can restore my bridging visa since principally I do have a 485 application still being processed!

Any thoughts?

 

[Schnitzer]

Get advise as Maz25 suggests, but I do know you cannot "park" a visa and then pick it up again later.

"park" a visa... hah thats nice.

Well I was confused on this by DIAC themselves. I called them a couple of weeks ago and they said if I resign from job and want to restore my bridging visa, I would have to walk in to their office to get this done.

Where as today, I asked them the same question (to a different call center guy) and he said no its not possible.

I'm looking for alternatives now in case its not possible. Alternatives to allow myself to stay here in case I resign.

 

[Maz25]

To put it quite bluntly, if your visa is cancelled and then the visa of your dependents also gets cancelled at the same time.

Speak to an agent - they advise people of visas for a living and will be able to offer you advice. The first consultation is normally free so you've got absolutely nothing to lose by asking for advice.

I'm also confused as to why you want to apply for 2 visas that effectively allows you to work? If you think that you cannot add your wife yo your 485 visa, then what do you do when that is granted?

 

[Maz25]

"park" a visa... hah thats nice.

Well I was confused on this by DIAC themselves. I called them a couple of weeks ago and they said if I resign from job and want to restore my bridging visa, I would have to walk in to their office to get this done.

Where as today, I asked them the same question (to a different call center guy) and he said no its not possible.

I'm looking for alternatives now in case its not possible. Alternatives to allow myself to stay here in case I resign.

As I have already told you (I used to be on a 457 visa), if you resign, you have 28 days to leave or find a new sponsor. It's as simple as.

 

[Schnitzer]

To put it quite bluntly, if your visa is cancelled and then the visa of your dependents also gets cancelled at the same time.

Speak to an agent - they advise people of visas for a living and will be able to offer you advice. The first consultation is normally free so you've got absolutely nothing to lose by asking for advice.

I'm also confused as to why you want to apply for 2 visas that effectively allows you to work? If you think that you cannot add your wife yo your 485 visa, then what do you do when that is granted?

Yea I think I'll ask a migration agent. That'll be best.

Regarding adding my wife on 485, I cannot add her when im filing the application for my 485 because she is out of australia and doesn't hold any visa. I can only add her once I am granted a 485 but that'll take more than a year. So thats why I want to call her on 457 which my company is offering me, so at least she can stay with me for 3,4,5,..10 months, whatever time I stay with my company. But after that she goes back, and I want to confirm whether I can stay or not?

 

[Schnitzer]

As I have already told you (I used to be on a 457 visa), if you resign, you have 28 days to leave or find a new sponsor. It's as simple as.

You're right Maz but that the case for standard scenario. I would also be having a 485 application in place... shouldn't I be getting a bridging visa again?