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Discussion Starter · #1 ·
Hello,

My partner and I are in Australia on a 400 visa for 3 months.
We applied for a 457 offshore a few months ago.

Let's assume the 457 is granted before the 3 months are up on our 400 visa, do we need to be offshore for that decision/grant?

We are getting conflicting information, like there are differences in certain jurisdictions and that the 400 will be cancelled when the 457 is granted etc.

As far as I understand, the 457 will basically "come into effect" at the end of the 400, so we won't be here unlawfully and won't have to leave the country for the grant.

If anyone can shed some light on this, it would be greatly appreciated :)
 

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As long as you have valid visa without “ no further stay” condition, the 457 visa can be granted while you are in Australia. If granted, it will replace any other visa you may be holding at the time.
 

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Discussion Starter · #4 ·
Once the new visa is granted it makes your previous visa disappear* (it's not cancelled) it just ceases to exist - you will then be blind by the conditions of the visa.

*note this is only relevant for substansative visas.

I wasn't aware 457's were still being granted.
Thanks for the information. Yeah, because we applied in 2017, the visa will still be granted even though no new applications are allowed.
 

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Discussion Starter · #5 ·
As long as you have valid visa without " no further stay" condition, the 457 visa can be granted while you are in Australia. If granted, it will replace any other visa you may be holding at the time.
Ah okay awesome! Thanks for the information. Yeah someone said the 400 must be cancelled for them to grant the 457, which just sounds strange. If that happened apparently we'd be subject to Schedule 3. This makes more sense.
 

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Ah okay awesome! Thanks for the information. Yeah someone said the 400 must be cancelled for them to grant the 457, which just sounds strange. If that happened apparently we'd be subject to Schedule 3. This makes more sense.
Someone must have gotten things mixed up somewhere.

If the applicant was outside Australia at the time of making their application, but inside Australia at the time of the decision on the application and if the applicant does not hold a substantive visa at the time of the decision the applicant satisfies Schedule 3 criteria 3003, 3004 and 3005.

People on bridging visa get often caught out by this.

I have no idea why "someone" has told you that the 400 visa must be cancelled first. I would really like to see this in writing. Maybe I am missing something? Although it is not really the intent, the 400 to 457 transfer is quite common, unless prevented by condition 8503 (no further stay).

However, if the sc. 400 expires before the sc. 457 visa is granted, you may have to wait offshore.
 
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