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FAQs

  • Resident Return Visa - What Are My Options?
    You would need to apply for an RRV, which is a Resident Return Visa if your permanent visa is about to expire and you intend to depart Australia. If you have been living in Australia for at least two years (can be accumulative) in the last 5 years prior to lodging your visa you will automatically be granted a new 5 year block of time so you can continue with your Permanent Residence Visa.

    If you have spent less than 2 years in Australia in the last 5 years on the date of your RRV application, then you may be eligible for a one year RRV. You would need to present ties you have to Australia such as employment, family or business ties if you have spent less than two years in Australia.

    If you are living in Australia and your permanent residence visa expires your permanent visa status will automatically carry over and you will continue to have permanent resident visa status. If you wish to travel outside Australia then you would need to apply for a RRV which will enable you to return with your PR visa.
  • Can I Apply for Bridging Visa?
    No - a bridging visa is granted automatically if an applicant has applied for a visa from a substantive visa and the visa which they have applied from expires but the new one they have applied for has not yet been granted.

    In order to keep them lawfully in Australia while the new visa application is being assessed they automatically go onto a Bridging Visa A. If they want to travel outside of Australia while their visa is being assessed then they need to apply for a Bridging Visa B.

    At all times a visa holder must avoid being in Australia without a valid visa or a Bridging Visa.

    People who are unlawfully in Australia are placed on a Bridging Visa E which requires them to depart Australia immediately and usually there is a 3 year restriction for any temporary visa on them re-entering Australia
  • Can I Extend My Subclass 457?
    Before the expiry of your current visa, a visa holder can apply to the Department of Immigration and Border Protection (DIBP) for another subclass 457. DIBP must approve the sponsor, nomination and visa applicant. If the sponsor is already approved then there is no need to apply for a new Sponsorship (SBS).
  • Can My Spouse Work on a Subclass 457?
    Yes, a 457 visa holder’s spouse has unrestricted work rights as long as they are included in the application or are subsequently added into the application.
  • What if I have a Subclass 457 Visa and I Want to Change Companies?
    It is a condition of the 457 that the visa holder has to work for the company that sponsors them.

    A visa holder may not change employers unless another Australian company is prepared to sponsor them and a new application will have to be lodged to the DIBP. In each case the sponsor, nomination and visa applicant will need to be approved.
  • If I am in Australia, what are The Best Pathways to Get a Permanent Visa?
    An applicant would need to commence on a subclass 457 visa and then use this visa as a stepping stone for an Employer Nominated Sponsorship (permanent residence).

    DIBP encourage this process as this would have given the applicant and sponsor an opportunity to get to know each other and the applicant would have proved that they are able to perform in a skilled position. An applicant does not have to wait until their subclass 457 is about to expire before applying for an Employer Nominated Sponsorship.

    Generally a 457 visa holder would need to spend 2 years on a 457 visa before being eligible to apply for an Employer Sponsored Nomination Visa or have a skills assessment and be able to demonstrate that they have at least 3 years of relevant experience post qualification, which could have been obtained anywhere in the world.

    Alternatively, an applicant can apply independently under EOI, the point system, which does not involve a business sponsorship.
  • I want to Sponsor my Partner
    This is another pathway to get a Permanent Visa based on a genuine relationship with an Australian, Permanent Resident or eligible NZ citizen.

    Many Australians find overseas partners who they wish to spend the rest of their lives with. Most partner visas can be lodged in or out of Australia, except for Prospective Partner Visas, which have to be lodged when the overseas partner is offshore.

    In order to lodge a partner visa the applicant has to show that the relationship is genuine and mutually exclusive. A partner visa can be based on a marriage, de-facto relationship of living together for 12 months under the same roof or de-facto of less than 12 months of living together by registering their relationship with the Registry Office of their State in Australia (not all States/Territories have a facility for relationship registration) .

    A Partner Visa is a two stage application. In the first stage a Provisional visa is granted and after two years from lodgement of the Provisional Visa, the Provisional Visa Holder can apply for a Permanent Visa.

    In order to lodge a Partner Visa in Australia it is important to check if the overseas person has an 8503 condition on their visa. This condition would prevent them from lodging another visa onshore.
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