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Q: Australian 457 visa - expiration/time to leave the country ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Australian 457 visa - expiration/time to leave the country
Category: Business and Money > Employment
Asked by: goliardoz-ga
List Price: $15.00
Posted: 12 Nov 2005 17:29 PST
Expires: 12 Dec 2005 17:29 PST
Question ID: 592350
I have a working visa for Australia subclass 457. This requires me to
be sponsored by an employer. If I leave/lose my job, my visa isn't
valid anymore. The common wisdom is that I then have 28 days to leave
the country or to find another job and sponsor. I have seen references
to this 28 day grace period all over the net but I can't find an
authoritative source, e.g. Australian government website or relevant
legislation/regulations. Can anyone point me to an authoritative
source for the 28 days?
Answer  
Subject: Re: Australian 457 visa - expiration/time to leave the country
Answered By: hummer-ga on 12 Nov 2005 19:13 PST
Rated:5 out of 5 stars
 
Hi goliardoz,

You'll find everything you need at the Australian Government
Immigration and Multicultural and Indigenous Affairs website. It is
essential to abide by all of the conditions of your visa and don't let
it expire. If it does expire, you will be required to leave Australia
immediately.  The 28 days you asked about is if you remain in
Australia unlawfully for more than 28 days, you will not be granted
another temporary visa for 3 years. The 28 days is hardly a "grace
period", it just means stricter laws come into effect after that time
period. The only way to legally stay in Australia after the expiration
of your old visa, and while awaiting the processing of your new visa
with your new employer, is to have a "bridging visa" which bridges the
gap between the two work visas.

Expired Visas
"Under the Migration Act 1958 (the Act), if your visa expires while
you are still in Australia you become an "unlawful non-citizen" unless
you hold another visa that is in effect. The Act requires that you be
detained and removed from Australia as soon as practical.
If you become aware that you are an "unlawful non-citizen" you should
make immediate arrangements to depart and contact the compliance
section of your nearest regional office with evidence of your
departure booking.
If you are eligible, a departmental officer will grant you a bridging
visa to give you lawful status for a short time. The bridging visa
provides an opportunity to organise your personal affairs before
departure or to lodge an application for a new visa, where applicable.
Bridging visas
Bridging visas are used to provide lawful status to 'non-citizens' who
otherwise would be unlawful, in the following situations.
 * during the processing of an application, made in Australia, for a
substantive visa including merits review of a decision to refuse such
an application;
 * while arrangements are made to depart Australia;
 * at other times when the 'non-citizen' does not have a visa (for
example, when seeking judicial review) and it is not necessary for the
person to be kept in detention."
http://www.immi.gov.au/extend/extend-expired.htm

10. I have a temporary visa and have changed my employer or
occupation. What do I do now?
"The work condition on your visa does not allow you to change employer
or occupation. The prospective employer will be required to be an
approved sponsor and the new position must be skilled.
If you are considering changing, or have already changed employer or
occupation, you should contact the department immediately to discuss
the matter.
11. I have a four-year temporary visa but my employer no longer needs
me. What are my options?
The work condition on your visa does not allow you to change employer
or occupation. If your employment with your original employer has
finished earlier than the validity of your visa, you should make
arrangements to leave Australia without delay.
If you wish to continue to work in Australia, and you have another
employer prepared to sponsor you, you should lodge a new application
immediately. If no offer of employment is forthcoming or the
prospective employer is not approved as a sponsor, your visa may be
cancelled and you may be required to leave Australia immediately.
You may not start work for a new employer until you have your new
visa, or until the department advises you that you may do so."
http://www.immi.gov.au/faq/work/work05.htm#x10

Fact Sheet # 86. Overstayers and People in Breach of Visa Conditions
Consequences of overstaying and people in breach of their visa conditions
"The law requires that people who have overstayed their visa or had
their visa cancelled because they have breached their visa conditions
be detained and removed as soon as practicable.
Bridging visas
Overstayers can be given temporary lawful status through the grant of
a bridging visa.
This allows them to make arrangements for their departure from
Australia, or to seek a further visa, if eligible.
Exclusion from Australia
Persons who overstay their visa by more than 28 days become subject to
an exclusion period that prevents them from being granted a temporary
visa to travel to Australia for three years. This exclusion period
applies whether they leave voluntarily or not.
Even after the exclusion period has finished, the person cannot be
granted a visa unless they repay any debt they owe to the
Commonwealth, including for costs of removal and detention, or they
make satisfactory arrangements to repay their debt."
http://www.immi.gov.au/facts/86overstayers.htm

Bridging Visas
"There are five classes of bridging visas - they are used to make
'non-citizens' lawful who otherwise would be unlawful in the following
situations:
 * during the processing of an application, made in Australia, for a
substantive visa (any visa which is not a bridging visa or criminal
justice visa), including merits review of a decision to refuse such an
application;
 * while arrangements are made to leave Australia;
 * at other times when the 'non-citizen' does not have a visa (for
example, when seeking judicial review) and it is not necessary for the
person to be kept in immigration detention."
http://www.immi.gov.au/allforms/bridging.htm

Bridging Visas Form 1024i
http://www.immi.gov.au/allforms/pdf/1024i.pdf

Additional Links of Interest

AUS 457 VISA extension / transfer
http://britishexpats.com/forum/showthread.php?t=257618

I was glad to find this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.

Thank you,
hummer

Google Search Terms Used: australia work visa expiration change employers 28 days
goliardoz-ga rated this answer:5 out of 5 stars
Superb, detailed and wonderfully referenced answer. Exaclty what I was
looking for. Thank you!!!

Comments  
Subject: Re: Australian 457 visa - expiration/time to leave the country
From: hummer-ga on 13 Nov 2005 08:01 PST
 
You are welcome, goliardoz! Thank you for your nice note and good luck
with your 457. Sincerely, hummer

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