# Conditions once applying for De-facto Visa while on 457 visa



## dam (Jun 22, 2013)

Hi All,

I have been lurking around the forums for quite some time and I want to take this opportunity to thank all of you guys for the great advice and support you giver others in need  I found myself in a bit of a pickle and I couldn't find any threads discussing a similar issue, so I thought I should ask and see if anyone has a bit more info regarding the topic.

I am currently on a 457 visa with over 2 years left until it expires. I intend to apply for a de-facto partner visa with my girlfriend (she is an Australian Citizen).

1. Once we apply for de-facto visa, do the 457 conditions still apply whilst I await DIAC notification of determination?

2. While we wait , do I have to remain working for the same employer?

3. From what I've seen in other cases, some have received medicare benefits and permanent resident privileges while they await DIAC's determination, would that apply in my case?

4. If not, would I have to revoke my current visa or do something with it in order to the described in Q.3 apply to my case?

5. We intend to apply with immigration lawyers, which are quite renown and fairly pricey too, and from my understanding and their guarantee, the application lead time is cut in half by going with them, does that sound correct?


It's all so confusing how bridging visas and all the 'in-between' process works... I really hope someone would have some good professional insights because I am sure this scenario wouldn't be one of a kind.

Thanks again for all your help!
Dam


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## Whitney (Jan 4, 2013)

dam said:


> Hi All,
> 
> I have been lurking around the forums for quite some time and I want to take this opportunity to thank all of you guys for the great advice and support you giver others in need  I found myself in a bit of a pickle and I couldn't find any threads discussing a similar issue, so I thought I should ask and see if anyone has a bit more info regarding the topic.
> 
> ...


Hi Dam,

Welcome to the forum!

When you apply for your 820/801 you will be issued a Bridging Visa A. A bridging visa is designed to 'bridge' the period of time between when one visa ends and the grant of your next visa. The BVA will not come into effect until your 457 ends so you will be bound by the conditions of your current visa until it expires or your 820 is granted.

I have not been able to find a concrete answer about this but I believe you may create some complications for yourself by trying to cancel your 457 once you apply. I think this may also cancel the BVA which would mean that you would be in Aus without a valid visa. And if you have to leave and can't come back before your 820/801 is processed it will be made invalid as soon it comes because you must be on shore when it's granted. You should check with the DIAC (or your pricey immi lawyers) before you do this. (Or maybe someone who knows for sure can chime in with the answer?)

Once you apply for your 820/801 you will be eligible for medicare.

As for hiring an immigration professional- it's different case by case. If you have proof of the requirements for a de facto relationship, read and write fluently in English, and don't mind a bit of paperwork then I think you can put the application together yourself. That's what may of us here on the forum have done. I believe the only way a migration agent might speed up the processing of your application is that there should be no need for a CO to request additional documents from you. I am certain that it will not cut the processing time in half. I am also certain that there is no certain way to speed up the process. If it's not based on luck of the draw it's a force that's just as difficult to predict.

I hope that helps! And if you do find a definite answer on the cancelling a 457 thing please come back and let us know.


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## Whitney (Jan 4, 2013)

This is a thread from another forum that addresses what I am talking about. One of the users says "If you quit your job then your 457 visa is cancelled. The bridging visa is then also cancelled as you don't have a substantive visa to bridge from." I am not a MARA agent and have never held a 457 so I cannot verify this but you should before you have your 457 cancelled.


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## jp1985 (Apr 1, 2014)

dam said:


> Hi All,
> 
> I have been lurking around the forums for quite some time and I want to take this opportunity to thank all of you guys for the great advice and support you giver others in need  I found myself in a bit of a pickle and I couldn't find any threads discussing a similar issue, so I thought I should ask and see if anyone has a bit more info regarding the topic.
> 
> ...


Hi Dam,

How was your plan with the changing from 457 to BVA? Please share with us if you have succesfully got the BVA only without 457 anymore. I asked a migration agent in Sydney CBD about this because I am on 457 visa and has an Australian partner. He told me that I can cancel my 457 once I have applied for the partner visa. I havent checked his answer with DIBP or other migration agents. In my case, it is the business that sponsored me doesn't have a good activity atm so I really need to get a back-up plan to stay here with my partner.


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