# Partner 820/801 - 457 and Briding Visas



## DylanW (Jan 26, 2011)

Hi All,

on the 7th of April 2011 I finally submitted my Partner 820/801 visa for processing. I am currently on a 457 (still employed with sponsor)

The main reason for my post is I have had misleading information from my immigration lawyer verse what immigrations included on my letter of acknowledgment.

I want to travel to NZ in October to watch some of the Rugby world cup games and I am concerned that I may loose my job prior.

My lawyer has said that if I loose my job and they cancel my 457 visa it will also cancel the BVA (bridging visa A) which was issued on submission of my application to immigrations and then I would be required to apply in person for a BVE. 

However the letter from Immigrations states the following:

YOUR IMMIGRATION STATUS
Bridging visas allow you to remain lawfully in Australia while your application is being processed. Bridging visas take effect when any other visa you hold ceases. In the event that your current substantive visa ceases before a decision is made on this application, your bridging visa will allow you to remain lawfully in Australia while your application is being processed. (A substantive visa is any visa other than a bridging visa, criminal justice visa, or an enforcement visa.)
You were granted a bridging visa A upon lodgement of this application with visa condition 8107 work limitation.

My understanding is that on a BVA you cant travel but it is the only bridging visa that you can apply for travel rights by sending in a form applying for a BVB. I cant do this on a E.

The the questions is.. who is right? according to the above Immigrations statement it does not seem to exclude 457's and from what I read above it appears if I lost my job and my 457 was canceled my BVA would then take effect...

Comments please


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## DylanW (Jan 26, 2011)

Wanderer said:


> There does seem to be some confusion, even from Immi for a person can only hold one visa at a time and do for Immi to say
> would seem to not be accurate if you already hold a 457.
> 
> What your lawyer may be concerned about is if you do something that sees you lose your 457 for if that happens and the 457 is cancelled, that could be viewed differently to when a visa expires as with a time limit.
> ...


Thanks Wanderer. The feedback I have received from my lawyer is the following:

Bridging Visas and the associated regulations are extremely complicated. One can apply for a BVB if on a BVA. Your BVA will ONLY come into play in 2014 when your 457 expires not when if your 457 gets cancelled. The scenario that you sketched would be the it the case if the 457 visa expires in the normal course of events and the partner visa has not been granted yet.. It DOES NOT apply if the 457 is cancelled! My previous emails are correct; that with "cancellation" of your current 457 visa the BVA will also get cancelled too. All a bridging visa does is really extend your current visa (457), same conditions etc until a decision is reached on your new application. If you lose your 457 you lose the BVA as there is no visa to extend. You would then be required to apply, in person, for a Bridging Visa E (BVE) to remain lawfully in Australia.

There is some chance of result before October but I cannot give assurances.


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## Andyuk2sydney (Jan 19, 2012)

*Similar, but different*

Hi - interesting read. I'd be grateful if anyone had thoughts on my situation.....

I was on a 457. I submitted for my 801/820 at the end of Sep 2011, and my 457 expired about 10 days later - hence I am now on the BVA with the same work limitations as my 457 (can only work for that employer).

Does anyone know what would happen if I was to lose my job? Would I be able to then go and find a job with a new employer, or would I be left unable to work?

Any help most appreciated.


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## SelinaPixie (Mar 20, 2012)

Hi Winikd - 

was there anything further on your 457 did you lose your job and have to take the BVE route, did anyone say i this would affect your 801 application, if your 457 was cancelled?

We are going to lodge our application shortly, as come July there will be some massive shifts in the industry I work in, so if I don't leave before this, it is likely come July I will be unemployed anyway.

Thanks in advance for any advice you may have


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## Andyuk2sydney (Jan 19, 2012)

Hi Winikd,

Thankfully my employment situation hasn't changed as yet. I'm still waiting for my visa - subbed at the end of Sep 11. A friend of mine got hers in 8 days, but I have been told to wait 9-12 months. My friend has been with her partner for about 2 years, and I with mine for just under 7 years. We are both Brits with Aussie partners. No rhyme nor reason!

Best of luck with your situation - hope the job situation holds up for you.


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