From 457 visa to partner Visa – can I work for others?

Given the current economic condition, particularly in WA, we see more and more 457 visa holders made redundant by their sponsors. With only 90 days to find another employer, some of them manage to lodge an onshore partner visa SC820/801.

Although they will a Bridging Visa A (BVA) automatically granted by doing this, but it won’t come into effect until their current 457 visa ceases, which can be another year or two to go. Therefore, they are still limited by 8107 condition – can only work for their sponsor. If they do otherwise, they will breach the visa condition.

One way to solve this problem, is to request a cancellation of 457 visa.

However, there is a downside of doing it:

1. It is a lengthy process, sometimes it takes longer than 6 months for the immigration department to process the request, particularly you are still on shore. They may even don’t bother taking any action.

2. Your BVA will be cancelled as well, you will then move to a Bridging Visa E, which is the last visa you want hold to avoid being unlawful.

There are some possible better options, but it all depends on your situation.

The main point is you need to be aware that 8107 condition still exists as long as you 457 visa is valid.

 

General Advice Warning & Disclaimer

The information provided on this website is general in nature only and does not constitute personal migration advice. The information has been prepared without taking into account your personal objectives, immigration status or needs. Before acting on any information on this website, we strongly encourage you seek advice from MARA Registered Migration Agent or Lawyers.