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.

I often got asked can I lodge the visa application before receiving my skill assessment result.

The answer is we need to read the Time of Application Criteria, some visa categories only require evidence of lodging skill assessment (e.g. 485 Graduate Visa) at the time of application while other visa categories require you must have positive skill assessment result before applying (i.e GSM Visas)

If you don’t get it right, you most likely will receive a negative outcome.

Here is a case study:

Jessica is a hairdresser from UK. Her second working holiday visa is expiring within weeks.

Jessica was excited and thinking she can remain in Australia and apply for the permanent resident.

However, there is one thing that she was not sure, that is skills assessment requirement. She hadn’t done a skill assessment and wonder if this is a requirement for 187 direct entry.

Since not much time left on her current visa, Jessica decided to lodge the application without the skill assessment result. Meanwhile, just to be safe, she started to apply for a skills assessment. She got a positive skills assessment result after 3 months of lodgment.

Jessica attached the skills assessment result to her RSMS application and was confident that she would have the visa granted shortly.

A few months later, her 187 visa was refused because she did not satisfy the Time of Application criteria

Comment: Most 187 occupations do not have skills assessment requirement except when the nominated occupation is a trade occupation and the applicant’s qualification is not from Australia. If this is a case, providing positive skills assessment is a time of application criteria, in other word, Jessica should have the positive skills assessment result before lodging the RSMS application.

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.

Here is a common mistake made by the 457 employer.

When your employer wants to change its business structure from a sole trader to a company or a trust, they need to apply for a new sponsorship and new nomination for their 457 employees, even the owner, premises, employees remain the same.

This is because standard business sponsorship is linked to ABN. One ABN can only have one sponsorship. Their existing sponsorship is approved to the sole trader’s ABN. When they change the business structure to a company or trust, it is a completely different entity. They will have a new ABN. The sponsorship cannot be transferred to this new business.

Fail to do so, the 457 visa holder may beach 8107 condition, which may lead to visa cancellation and negative impact on their future application.

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.