What if a 457 is granted after the 175?

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What if a 457 is granted after the 175?


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Old 05-06-2009, 05:31 PM
 
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Post What if a 457 is granted after the 175?

Hi,

I have applied for the 175 visa in March 2008 and I'm still waiting for a case officer to be assigned. Even though my skills are listed on the CSL. This week I have gotten a good job offer from an Australian company who wants to help me move over quickly. I have become really impatient now

The thing is, I don't want to change my 175 application to a 457 so late in the process (at least that's what I think). My feeling is that the 175 visa can be granted any day, but it could also take another couple of months.

So I am looking in applying for a 457 visa parallel to the running 175 application so that I can start working in Australia while waiting for my permanent residence visa. I have been reading quite a lot on the forums but I still have a couple of questions about this.

From what I've read:

- you can issue multiple visa applications
- you can receive a 175 when you are already working on a 457 although you have to leave the country as a family to effect/validate this (as written nicely in this post:Applying for Temporary Visa during PR Application-Australia : British Expat Wiki)

I have read a forum post similiar to mine but I couldn't get enough information about the reply:
Can a 457 visa grant really override a 175 PR grant?? : British Expat Discussion Forum

With the current processing times and the period I've already waited it could well be that my 457 request may be granted after the 175!

So the final question would be: can I cancel my 457 application when the 175 one is granted first?

Many thanks in advance, it's complicated stuff

Regards,
Roelant


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Old 05-08-2009, 01:41 AM
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Welcome to the forum Roelant and in first instance it is not good perfotmance by immigration for you to have applied in March 2008 and still no CO appointed.
They were doing a bit of departmental restructuring that could have affected your application but if you applied online, have you followed up with their tracking system.

Or even with a manual application I'd be emailing and also ringing to attempt to get an answer for that does seem too long.

You've found out some good things and yes you can have more than one application in and you would probably not be the first person to have been on a 457 visa and then apply for a PR visa though it will create the complications you mention of needing to leave Australia to be granted.
Actually, there is no obligation for immigration to notify you - a section in the immi Booklet on skilled visas just stating you could have a 175/176 rejected if you were in Australia at time when final consideration was made.

In practice however they may fortunately be extending themselves for a recent poster on the forum was in a similar situation and had received advice that a decision on their visa was imminent and they should advise within a month on their intended departure and then let immigration know in the week beforehand, hopefully they receiving the visa approval not long into a short overseas hoilday and then they could return - we're waiting to hear back on how it all went.

Re
Quote:
I have read a forum post similiar to mine but I couldn't get enough information about the reply:
Can a 457 visa grant really override a 175 PR grant??
I doubt that very much for a 175 visa gives you Permanent Residency status, not something conferred too readily and I do not think it can be undone just by applying for a 457. [Possible that the Brit expat people have applications mixed with approvals, eg. you could get the 457 before the 175 was approved.]

If you receive notification of your 175 being approved, it is likely you will have had a CO consigned and I would advise them that you had a 457 in the pipeline or approved and they ought to be able to advise on application/issue cancellation - probably just an email being sent or the 457 application may just get an auto rejection for immigration will not issue two visas to be concurrent.

One other thing you may want to consider is that new priority processing applies to all visas, older ones as well as new and if you have a definite job offer, you could look into a 176 visa with state nomination as that would take you to the head of the priority tree.
As I understand it [and look at FAQ in sticky thread 2], if you have a state nomination you can send that in to make your 175 over to a 176.

But do try and get some advice on where the 175 is in the processing chain.





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Old 05-08-2009, 09:31 AM
 
Join Date: May 2009
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Hi,

Thank you for you reply and of course the welcome to this forum I have to admit I've been in the 'waiting mode' for some time but right now I am going to take some action. My application was logded through an Agent and I'm not sure if that was via paper or online. But that's easy to find out.

The idea of contacting the CO when he/she is assigned is a good one, thanks! And also good that you pointed out the statement of the immigration booklet. I guess there always is a small risk, which can only be countered by communicating often to the CO.

It's no problem to leave and re-enter Australia for the 175 visum, if that's what it takes

I am going to call and e-mail the immigration department for the 175 status first. My agent has kept contact with DIAC up untill now but they say the so-called status requests only indiciate if a CO has been assigned or not.

Of course I am extremely interested how the case you mentioned turned out and will let everyone here know what happens to us


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