chnge from visitor to business visa 457

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chnge from visitor to business visa 457


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Old 12-03-2009, 01:10 AM
 
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chnge from visitor to business visa 457

Hi
I'm new to the forum so don't know how to start new thread, (just Figured it out) however I have a similar prob. I came over on an e- visa and applied for a visitor visa. While the application was being processed ( i was on a bridging visa, it took nearly 2 months for my application to be successful) I was offered a job teaching in Western Australia desert. I went to visit and filled in with my employer a 457 application. When I arrived back home my visa was granted with a 8503 restriction but allowing multiple travel. The visa lasts until 2nd of Jan 2010. My question is do I leave the country now and re-apply offshore and come back on an e-visa. Or wait until I hear from Perth where the 457 is lodged or wait until my visitor visa runs out then apply offshore. I think I got the restriction because I made the mistake of ringing my case officer for advise when applying for the visitor visa.
I hope someone can help.


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Old 12-03-2009, 02:56 AM
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Hi Lynn,
Welcome to the forum and I do not now need to describe where the New Thread button is.

There is nothing to stop people applying for another visa whilst on existing visas other than the 8503 "no further stay" condition and yes it is quite possible that you got it on the tourist visa as a DIAC officer may have been suspicious you did propose to do some work.

Unfortunately, I'd suspect that when the 457 application goes in, it'll likely be refused because of the 8503 condition.
You could as I've [wrongly - different condition]suggested to Trekker Tony head into DIAC and see if you could get it lifted but I'd not like your chances somehow.

You'll probably need to leave Oz and apply for the 457 once out or come back in on an ETA and apply for the 457 then.

Some messing around but the regs are designed for the masses situations rather than coping too well with the individual cicumstances where all people want to do is the right thing.
As they say "The law is an Ass"





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Old 12-03-2009, 11:35 PM
 
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Thanks for your reply
This seems to be the most informative site Ive been on. I agree with what you say but should I leave now or wait for immigration to refuse my vsa?
Many thanks
Lynn


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Old 12-04-2009, 07:04 AM
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If the 457 visa is in already, I'd first contact your proposed employer and see if you or they can get hold of someone at DIAC to specifically discuss the application and how you've received the tourist extension with 8503 condition since you did put in the 457 and realise you shouldn't have and are making arrangements to go abroad so as you can apply and whether you can have your current application extracted.

The employers application and position nomination may still be OK and as soon as it is approved, you could then leave Oz to apply or come back and apply.

DIAC aren't known for performing the best of miracles anytime but you haven't really got anything to lose in explaining tio them what you know is likely required and seeing as you're prepared to work in a remote area, some kind soul may even be able to arrange a waiver.

Meanwhile, with teaching, whether or not it is a regular teaching position requiring teacher registration, have you looked into the requirement re police and health checks for working with children, there being DIAC requirements re health and possibly a state governement requirement re character check for working with children.

If it comes to a departure [and it's a likely yes, though a letter from the remote school would not do your chances of a waiver any harm either] from Orange, it's going to be Auckland in NZ via Sydney which will likely be quickest/cheapest and that'll also require a little manipulation for in flying to NZ an Airline will not take you unless you have an onward flight to a country for which you have a right of entry.
This situation comes up all the time with WHV people wanting to spend some in Australia after the end of the WHV and if they leave it to the last days, what they can find themselves doing is having to buy a refundable ticket from Auckland to Fiji [no visa required] so that can comply with the onward ticket requirement. When they get to NZ they go online to get an ETA and then can cancel the Fiji ticket and fly back.

To save you that rigamarole, if you give yourself at least a few days prior to when the tourist visa ends and get a return ticket to Auckland with a return date before the tourist visa ends, an airline should still take you over and then you just apply for the ETA on arrival, they usually being more or less instantaneous though I'd allow a couple of days and hopefully the 8503 will not impact on you getting the ETA.
You could even resubmit the 457 at the same time for it can still be processed while you return on the ETA.





Last edited by Wanderer; 12-04-2009 at 07:23 AM.

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Old 12-04-2009, 11:25 PM
 
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Hi Thanks for that have contacted the school to see if we have a contact number for DIAC. Will take your advice and let you know what happens
Cheers


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Old 12-07-2009, 02:56 AM
 
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Hi wanderer
Have had a reply from diac. Granted a bridging visa class c. No work allowed which is fine. Allowed to stay in Australia. Need to prove schedual 3 requirement???? I think that means 457.211, 3003, 3004,3005. We have to leave. Because I don't understand. But will ring them.
Lynn


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Old 12-07-2009, 03:33 AM
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Their granting a BV C is beyound my knowledge of the way they manage things Lynn for it doesn't say much about the 8503 condition unless that's what the Schedule 3 is all about.

On BVs in general, http://www.immi.gov.au/allforms/booklets/1024i.pdf
it appears C is usually for replacing an existing BV.
And then on http://www.immi.gov.au/allforms/pdf/1005.pdf you have
Quote:
Generally, if you are seeking unlimited permission to work, you
should demonstrate a compelling need to work, either because
of financial hardship, or because you have been sponsored or
nominated for employment in an ‘approved appointment’ as
part of a substantive visa application.
So have they been told your tourist visa has an 8503 on it.

Or perhaps they have withdrawn your tourist visa for you but then for you to stay legal they have gone through the processes of issuing a bridging visa until the 457 gets approved and in meantime have done the BV C to allow you to work!

But then there's
Quote:
No work allowed which is fine. Allowed to stay in Australia. Need to prove schedual 3 requirement???? I think that means 457.211, 3003, 3004,3005. We have to leave. Because I don't understand. But will ring them.
And does it actually say you have to leave?

Worth a call I reckon.




  #8 (permalink)  
Old 12-09-2009, 10:59 PM
 
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Hi Wanderer
Have a case worker who e-mailed me. The class c bridging visa is dormant 'due to the grant of your substantive TR 676 visa on 26th Nov. However please be advised that' I have to meet schedule 3 because we held the bridging visa A at the time of lodgement. I have to demonstrate to my case worker that there are compelling reasons for the granting of the visa and the factors beyond my control why I applied for a visa while on a bridging visa. I need to e-mail these to the case worker who will decide whether I meet sch 3. The only factor I can think of is that I thought the substantive visa would be granted by the time I returned home It took from the 1st oct to the 23th Nov to be granted. Perhaps compelling resons for the granting of the visa could be the fact that we are working in a remote community etc.
I also need to find out if the visa is refused can we re-apply out side the country.
I have been in conntact with te principal who will help in ay way she can.
cheers Lynn


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Old 12-17-2009, 11:03 PM
 
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refused visa so going offshore to re-apply. Should I apply for an e visa before applying for the 457 as they may refuse it on the grounds that I am not a genuine tourest? Does anyone know how long DIAC are closed for during christmas?
Lynn


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Old 12-19-2009, 02:24 PM
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Hi Lynn,

I cannot fathom why they would have issued a BVC just to turn around and say it's dormant but that bit seems irrelevant now and I suppose Schedule 3 is their terminology for meeting the waiver conditions for which they've not accepted your submission.

I'm not an immigration agent nor are aware of how they apply legislation but on the face of it, having not approved the waiver nor 457 because of the 8503 should not I think be a blocker to re-applying either from abroad or after getting an ETA to return and I'd get the ETA as I explained earlier rather than an eVisa which may have more risk of getting another 8503.

As I say, that's how things may be but I do not want to misdirect you either and is it possible, seeing you have a CO that you could email her that exact scenario questions.

As to opening times over Xmas, I'd expect that some DIAC departments will be scaling down this coming week as they possibly work rostered holidays to keep some staff about other than the public holidays when it'll be a closed shop though their online services may still remain functional.

The other thing that you may want to check on is whether the employer has still progressed their side of the 457 approval and position nomination for you being refused should not have a ffested that and it would be good to know if they have been successful just to help you have some peace of mind in deciding your next steps.





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