Can we lodge a new 457 visa application

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Can we lodge a new 457 visa application


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Old 05-31-2016, 06:59 AM
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Can we lodge a new 457 visa application

Our company sponsored a 457 applicant.

The nomintaiton was refused at the first time and 457 visa was refused later on.

We lodged a new nomination and then applied for AAT review for the visa application.

The new nomination was approved last week.

The applicant currently onshore.

Can we lodge a new 457 visa for him offshore, which means the applicant will have two outstanding 457 visa application at the same time for the same nomiantion?


Last edited by wizeinternational; 05-31-2016 at 07:03 AM.

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Old 05-31-2016, 07:34 AM
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I don't see any reason why you cant lodge any visa for him offshore. However, you can wait until the AAT deals with the case. They should remit the application to DIBP for further processing, assuming that it was refused earlier because there wasn't a current nomination in place.

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Old 05-31-2016, 07:48 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
I don't see any reason why you cant lodge any visa for him offshore. However, you can wait until the AAT deals with the case. They should remit the application to DIBP for further processing, assuming that it was refused earlier because there wasn't a current nomination in place.
Hi Jeremy,

Thank you for your reply.

Yes, the previous refusual because there wasn't a current nomination in place.

We plan to request the applicant to go offshore on a BVB.

The applicant will lodge a new 457 offshore and back to Australia.

The applicant will remain in Australian and work for us until the decision of the new 457 visa application. (The current BVA has no work limitation).

However, we asked one agent over the phone, but he advised that,

1. He can not lodge the new 457 offshore as he is barred from s48(3). Therefore, the application will be invalid if he goes back to Australia.

2. DIBP may request him to withdraw the AAT or new 457 visa application as he can not have two outstanding 457 applications at the same time.

We do not want to wait unitil the AAT hearing as the waiting time is too long and We afraid that the nomination will be expired at that time as the it is only valid for 12 months.

Thank you for your suggestion in advance.

Will


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Old 05-31-2016, 09:28 AM
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My understanding of S 48(3) is that a person who is Section 48 barred from lodging an application while onshore can't go offshore and come back and lodge onshore. Way the legislation was worded in the past was that a person who was S48 barred could go offshore on a BVB and then come back onshore and lodge an application and beat S48 as they had been offshore and returned. S 48(3) was designed to stop that. As far as I know it doesn't stop people going offshore and lodging a new application and then returning to wait for grant as long as they have a visa that enables them to do that.

At the moment, if this person has work rights on his BVA, why not just wait for the tribunal to hear the case. Now that there is a nomination is place that is connected to his visa application, the AAT will likely remit the first visa application to DIBP for continued processing. I am not sure why you need the offshore visa application.

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