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Subclass 457 457 notice period, visa termination

die norden

Wanderer
Messages
6
Points
1
MSA
2019-12-12
SC
189
EOI
2020-01-11
App.
2020-02-27
Our workplace has been really low on work in the last several months and I have recevied a tip-off from a senior colleague that head office is considering to get rid of people on work visas. Decision is unlikely to be made official until the annual meeting which usually takes place in the last week of August.

Here is the problem - I am on 457 visa, applied for PR under 189 category and received provisional visa which is due to become active once the 457 ends in early October.

My current contract says that company is required to provide 4 weeks notice if they want to make me redundant. I am in the process of discussing this with my line manager to see if I can take an unpaid leave, but this is above their level and will need to be escalated to the said head office.

My understanding is that if company makes me redundant, bridging visa will never come to effect and my family will need to leave the country. This is further complicated by the fact that my oldest is already enrolled in a local school, husband is employed and we are generally unprepared to leave on such a short notice.

Question: if company makes me redundant when it is less than 4 weeks until my visa expiry date, will it cancel 457 on the date such notice is received or it will be "active" until the end date as I will be still technically employed (likely paid in lieu, not attending the office).

Danke!
 

littlejohn

Regular
Messages
393
Points
18
MSA
2019-07-09
Skill
233512
SC
RS 187DS
App.
2019-11-14
CO
2020-01-30
PCC
2019-11-25
HC
2020-02-13
Grant
2020-03-02
Our workplace has been really low on work in the last several months and I have recevied a tip-off from a senior colleague that head office is considering to get rid of people on work visas. Decision is unlikely to be made official until the annual meeting which usually takes place in the last week of August.

Here is the problem - I am on 457 visa, applied for PR under 189 category and received provisional visa which is due to become active once the 457 ends in early October.

My current contract says that company is required to provide 4 weeks notice if they want to make me redundant. I am in the process of discussing this with my line manager to see if I can take an unpaid leave, but this is above their level and will need to be escalated to the said head office.

My understanding is that if company makes me redundant, bridging visa will never come to effect and my family will need to leave the country. This is further complicated by the fact that my oldest is already enrolled in a local school, husband is employed and we are generally unprepared to leave on such a short notice.

Question: if company makes me redundant when it is less than 4 weeks until my visa expiry date, will it cancel 457 on the date such notice is received or it will be "active" until the end date as I will be still technically employed (likely paid in lieu, not attending the office).

Danke!

Danke as far as I know your company does not have any right to cancel your Visa, They can only withdraw their sponsorship and once they do that you will get another 60 days of time to find a new sponsor. So im guessing this period will help you cover the 4 weeks time.

Its better to get in touch with some professional where you have very tight circumstances!
 
MSA
2019-07-09
Skill
233512
SC
RS 187DS
App.
2019-11-14
CO
2020-01-30
PCC
2019-11-25
HC
2020-02-13
Grant
2020-03-02

Itsavi76

Commoner
Messages
78
Points
6
MSA
2019-09-16
Skill
261111
SC
190 NSW
Point
75 and 80
EOI
2019-09-20
Nom.
2019-11-08
Inv.
2019-10-24
App.
2019-12-24
PCC
2019-11-20
HC
2020-01-15
Grant
2020-11-25
I am also working under similar conditions in Australia. What I know is : The company can withdraw sponsorship and send notice to the Au government, You have to find another sponsor within 60 days , else will have to leave Australia. Company can’t cancel your visa . The PR visa will be processed on its own merits and you won’t have issues as you have not violated any previous visa conditions. If your sponsorship is withdrawn at a closer date to your 457 visa expiry ( within 60 days ) , then your bridge visa A will become active. Once bridge visa A becomes active , then you are protected by it and need not leave Australia . You are also not bound by the 60 day limit for sponsorship search ( check the work conditions in BVA) . You will only be eligible for Medicare and also won’t require any sponsorship . In such cases it’s also good to consult a lawyer
 
Last edited:
MSA
2019-09-16
Skill
261111
SC
190 NSW
Point
75 and 80
EOI
2019-09-20
Nom.
2019-11-08
Inv.
2019-10-24
App.
2019-12-24
PCC
2019-11-20
HC
2020-01-15
Grant
2020-11-25

die norden

Wanderer
Messages
6
Points
1
MSA
2019-12-12
SC
189
EOI
2020-01-11
App.
2020-02-27
Its better to get in touch with some professional where you have very tight circumstances!

Sure, but I think that every reply is important. People are sharing their unique experiences which help to collate a comprehensive picture. I was also hoping to get a bit of attention from the forum moderators or maybe even Administrator himself (I believe it is "MysticRiver").

If your sponsorship is withdrawn at a closer date to your 457 visa expiry ( within 60 days ) , then your bridge visa A will become active

You've made my day! This is great as 60 days should cover the gap from the end of August to the end of October... And while I have no doubt in what you are saying, is there an "official" confirmation on this?
 

Itsavi76

Commoner
Messages
78
Points
6
MSA
2019-09-16
Skill
261111
SC
190 NSW
Point
75 and 80
EOI
2019-09-20
Nom.
2019-11-08
Inv.
2019-10-24
App.
2019-12-24
PCC
2019-11-20
HC
2020-01-15
Grant
2020-11-25
Sure, but I think that every reply is important. People are sharing their unique experiences which help to collate a comprehensive picture. I was also hoping to get a bit of attention from the forum moderators or maybe even Administrator himself (I believe it is "MysticRiver").



You've made my day! This is great as 60 days should cover the gap from the end of August to the end of October... And while I have no doubt in what you are saying, is there an "official" confirmation on this?
Official confirmation No! But I had called up DHA in Australia to enquire how this works in the unfortunate event that my current company withdraws the sponsorship. They did corroborate this ! You can call up DHA at the call centre to confirm to be absolutely safe. Once you are in BVA it’s confirmed that you can work without requirement of any sponsorship and can stay in Australia till you get your PR.
 
MSA
2019-09-16
Skill
261111
SC
190 NSW
Point
75 and 80
EOI
2019-09-20
Nom.
2019-11-08
Inv.
2019-10-24
App.
2019-12-24
PCC
2019-11-20
HC
2020-01-15
Grant
2020-11-25

MysticRiver

Administrator
Staff member
Messages
15,377
Points
113
If anyone wants the official statement

DHA on 457 said:
You are considered to have ceased employment when either you or your employer notifies us of the date you stopped work.

If you stop working for your sponsor, you must do one of the following within 60 days:
  • find another employer to sponsor you and have them lodge a new nomination, which must be approved before you can start working for them
  • be granted a different visa
  • depart Australia.
 
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