Question of the Week



What is the risk of canceling my sc 457 visa when considering a sc 186 visa with another employer?

Category: Visa for Australia

Question asked

I am currently on 457 visa sponsored by my employer. I have stopped working for my employer and have applied as a dependent on my husband’s 186 visa.

I wanted to check if I voluntarily cancel my sc 457 visa and apply for a bridging visa c with work rights to work for another employer, will cancelling of 457 effect our current 186 visa which is under process or are there any negative impacts of voluntarily cancelling 457 visa.

I am unable to start working with my new employer due to my previous 457 still being active.

Answer provided by Migration Agent

Hi,

If you cease your employment with your sponsor, you will have 60 days (or 90 days if your 457 has been granted before 19/11/2016) to find another employer, apply for another visa or leave Australia.

After 60 days (or 90 days) (although now it seems that the Department is not very strict on these time frames), the Department will contact you with a Notice Of Intention to Consider Cancellation (NOICC) of your 457.

You will have the opportunity to comment and kindly ask not to cancel your visa because you have already applied for another visa. If the Department agrees and does not cancel your visa, once your 457 visa ceases, the Bridging visa A linked to your 186 visa application will activate, if your 186 is not granted yet. The BVA will not have work limitations.

If the Department, instead, decides to cancel your 457 visa or you ask to cancel your 457 visa, you will become unlawful as soon as the Department proceeds with the cancellation.

You will then have to apply for a Bridging visa E, which will come with no work rights. You could ask for permission to work but there is no guarantee that the Department will grant it. The unlawfulness and BVE will reset your time in Australia for the counting towards your Australian citizenship.

Thank you for using Ask-An-Agent. If you need further services from myself, you can always message me using the Ask-An-Agent messenger or chat. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

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