About Our Client
Peter is a UK citizen who came to Australia on a working holiday visa (417) and fell in love with Australia.
The Problem
After the application had been lodged for 6 months, Peter received some unwelcome news from his sponsoring employer, that Peter’s entire department were to be made redundant. The company had also informed DIBP of this.
Peter immediately began looking for another job, however DIBP were quick to contact him with a Notice of Intention to Cancel his 457 visa, as he was no longer working for his sponsoring employer. Peter could not source another sponsor within the timeframe provided, and his 457 visa was ultimately cancelled on the basis that condition 8107 of his 457 visa was no longer being adhered to (condition 8107 states that the 457 holder can only work for the nominating employer in the occupation which is specified in the nomination).
The Solution
Peter contacted his agent at TSS to inform them of the change to his circumstances. He learned that he had inadvertently become an unlawful non-citizen, and no longer held the right to work in Australia. This was a huge blow to Peter and Emily, who were intently saving for their first property.
TSS Immigration were able to resolve Peter’s immigration status by obtaining a Bridging Visa E on his behalf. Unfortunately, Bridging Visa E’s are not automatically issued with the right to work in Australia, and so Peter was still without an income.
TSS Immigration subsequently made a successful application for the right to work on this bridging visa, by providing detailed submissions to DIBP. Not only did Peter now have the right to work, but his work rights were unlimited, so he could work for any employer in any occupation.
Although there are draw backs to an applicant becoming unlawful after lodgement of a partner visa (such as the citizenship clock resetting – read more on this here), TSS Immigration managed to derive an effective solution and the desired outcome, from a complex situation. Peter was able to find a job on the basis of his unlimited work rights, and happily continued working, and saving for their home. The subclass 801 partner visa was granted just a few months later.