# Issue with 457/457 dependent visa



## borntobeaussie (Nov 30, 2011)

Hi

I have had to face some complex issues regarding my work (employer sponsored 457) and wish to seek help.

I was initially chosen to work in Australia on an employee nominated visa (457) in Sep 2011. Things were moving fine till Dec and till that stage I had got my visa stamped as well. However, on 23rd Dec 2011 my employer told me that my role no longer exists and as per DIAC guidelines they sent an email to Immigration Dept the same day asking them to cancel my visa.
(note: Incidentally, my spouse also works in the same company and is travelling to Australia on another assignment under an independent 457)

A few weeks back, my employer asked me about another opportunity in Australia. However, they informed me that since they had dropped an email in Dec for cancelling my 457 visa, I was discouraged to apply again (on the grounds that it may take a lot of time to process) and was asked to apply for a spouse or a dependent 457. At this stage I have two questions:

a. On the DIAC website: there is a VEVO service to check the status of an existing visa. I queried for my earlier 457 visa and its status mentions that it is still in effect. Am not sure why my employer asked me to apply for a spouse visa if my independent visa is still not being shown as cancelled.

b. I have also applied for a dependent visa in the meantime (on 3rd Feb) and was wondering how much time does it generally takes to process a spouse visa. My independent visa processing took about 3 weeks.


----------



## Guest (Feb 8, 2012)

It could be DIAC haven't actually updated their systems yet or even read the email to cancel your visa, but as soon as they do your visa will be cancelled!

But any reason your employer doesn't want to offer you your own visa. Not that you need it if you can be dependent on your spouse BUT to me it rings alaram bells! In that they might want to not pay you market rate? Don't want to help with medical or repatriation? 

How long it takes to get added to your spouse 457 varies. They still have to do all the regular checks and your spouse employer has to agree and meet the criteria themselves. It could be a week or 2 months!


----------



## borntobeaussie (Nov 30, 2011)

_shel said:


> It could be DIAC haven't actually updated their systems yet or even read the email to cancel your visa, but as soon as they do your visa will be cancelled!
> 
> But any reason your employer doesn't want to offer you your own visa. Not that you need it if you can be dependent on your spouse BUT to me it rings alaram bells! In that they might want to not pay you market rate? Don't want to help with medical or repatriation?
> 
> How long it takes to get added to your spouse 457 varies. They still have to do all the regular checks and your spouse employer has to agree and meet the criteria themselves. It could be a week or 2 months!


Thanks for our reply. I too had your concerns about the benefits that I might/might not get under spouse visa. However, to my employer's credit, they have given an assurance that my pay and other benefits would remain the same as they were in my earlier assignment

Coming to your reply regarding DIAC probably not updating their system..i was just curious about it because its been more than a month (26 Dec 2011) since my employer sent a mail to Immigration Dept regdg my visa cancellation and I checked my visa status today itself...could it really take that much time for the change to be incorporated in their system?

As far as my spouse visa application is concerned, my employer has already provided me the supporting document and I have lodged the appllication with all the paperwork from my side ...so am hoping that it gets processed faster than the last time


----------



## Maz25 (Jul 6, 2008)

I would personally advise you to get in contact with immigration to sort this out asap. From the time that your employer notified DIAC that you were no longer in their employment, you actually had 28 days to find a new sponsor or leave the country.

If your employer did indeed send the email, then you are already in breach of your visa conditions and may be subject to a 3-year exclusion.

Speak to immigration as this could potentially impact on all future visas that you apply for.


----------



## borntobeaussie (Nov 30, 2011)

Maz25 said:


> I would personally advise you to get in contact with immigration to sort this out asap. From the time that your employer notified DIAC that you were no longer in their employment, you actually had 28 days to find a new sponsor or leave the country.
> 
> If your employer did indeed send the email, then you are already in breach of your visa conditions and may be subject to a 3-year exclusion.
> 
> Speak to immigration as this could potentially impact on all future visas that you apply for.


Hi Maz25

am really sorry i couldnt get back and reply to your post earlier. i guess it was a mistake on my part that i omitted to mention that i am not in Australia at the moment. Am also glad to inform that my spouse visa application got approved within 3 days ! i was busy making travel arrangements and planning to reach Adelaide on 26th Feb


----------



## Maz25 (Jul 6, 2008)

borntobeaussie said:


> Hi Maz25
> 
> am really sorry i couldnt get back and reply to your post earlier. i guess it was a mistake on my part that i omitted to mention that i am not in Australia at the moment. Am also glad to inform that my spouse visa application got approved within 3 days ! i was busy making travel arrangements and planning to reach Adelaide on 26th Feb


Good to hear that it worked out for you. Safe travels


----------

