457 Visa help

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457 Visa help


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  #1 (permalink)  
Old 01-27-2011, 12:05 AM
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457 Visa help

Hi all,

Looking for some advice and help please. I am at the final stage of my 457 visa and I have been asked to supply a statement as per below


I note that you lodged the 457 visa application while holding a bridging visa. You will therefore need to address schedule 3 as per below.


Evidence of factors beyond your control and compelling reasons to grant
the visa
Please provide evidence that you are not the holder of a substantive
visa (a visa other than a bridging visa) because of factors beyond your
control and that there are compelling reasons for granting the visa.
Compelling reasons may stem from compassionate factors, or may arise,
for example, from your circumstances or the circumstances of another
person. If a serious accident or illness had rendered you incapable of
making an application for example, you should provide evidence such as
medical records of that accident or illness.


We had applied for a 442 occupational trainee visa, which was refused to which we then applied for the 457 visa.
Any advice on how to proceed with this would be greatly appreciated.

Many thanks
David


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Old 01-27-2011, 12:15 AM
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You were on a visa prior to the 442 I expect and hence a bridging visa being issued while your 442 application was considered.

What they are looking for is quite clearly stated and about all you could use if there was nothing else is that you were awaiting the 442 application, an application you expected to be successful and the outcome of that was outside of your control to the extent it was decided by Immi.

You may find your application gets rejected and the best approach may be to get a BVB if you can and take a trip over to NZ or to Fiji/Asia if no BVB possible and apply for an ETA if you're eligible and return to re-apply for the 457 or alternately apply for it from outside of Australia and then return on a tourist visa.
You could see if you can get the work restriction lifted whilst awaiting the 457 to be processed.





  #3 (permalink)  
Old 01-27-2011, 02:04 AM
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457 visa

Quote:
Originally Posted by Wanderer View Post
You were on a visa prior to the 442 I expect and hence a bridging visa being issued while your 442 application was considered.

What they are looking for is quite clearly stated and about all you could use if there was nothing else is that you were awaiting the 442 application, an application you expected to be successful and the outcome of that was outside of your control to the extent it was decided by Immi.

You may find your application gets rejected and the best approach may be to get a BVB if you can and take a trip over to NZ or to Fiji/Asia if no BVB possible and apply for an ETA if you're eligible and return to re-apply for the 457 or alternately apply for it from outside of Australia and then return on a tourist visa.
You could see if you can get the work restriction lifted whilst awaiting the 457 to be processed.
Thanks for the response wanderer
I had applied for the 442 visa which was then refused and within the appeal period I was advised to re apply for the 457 visa. It appears that I have been advised wrong as I was unaware of any restrictions with reapplying while on bridging visa C.
Once again, thanks for the advice.
David


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  #4 (permalink)  
Old 03-15-2011, 01:33 AM
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457 - Schedule 3 criteria nightmare!

Hi David

Im in a very similar situation as you were - misinformation from DIAC led to not meeting schedule 3 criteria and i wrote them a letter explaining why and how i applied with names and timelines and on Friday i got a call from my case officer saying she would refuse me on the basis of not meeting schedule 3 (regardless of the reasons) and that if i withdrew i could re-apply offshore.

How did you go about doing this? I have tried get some advice from DIAC again but feel like im being stonewalled. She wont even tell me if i apply for my 457 first or the tourist visa first and if so which tourist visa! I thought it was wrong to apply for a tourist visa under false pretences...im baffled and my immigration solicitor is telling me one course of action and it contradicts with what i was told on the phone. I rang DIAC today to get the decision in writing and was told this was not possible.

If you could let me know how you got around this i would be grateful! Have a trip to NZ all ready to be booked, just need to know if im on the right track

Thanks
Joanne


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Old 03-15-2011, 09:58 AM
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Quote:
Originally Posted by joanne79 View Post
Hi David

Im in a very similar situation as you were - misinformation from DIAC led to not meeting schedule 3 criteria and i wrote them a letter explaining why and how i applied with names and timelines and on Friday i got a call from my case officer saying she would refuse me on the basis of not meeting schedule 3 (regardless of the reasons) and that if i withdrew i could re-apply offshore.

How did you go about doing this? I have tried get some advice from DIAC again but feel like im being stonewalled. She wont even tell me if i apply for my 457 first or the tourist visa first and if so which tourist visa! I thought it was wrong to apply for a tourist visa under false pretences...im baffled and my immigration solicitor is telling me one course of action and it contradicts with what i was told on the phone. I rang DIAC today to get the decision in writing and was told this was not possible.

If you could let me know how you got around this i would be grateful! Have a trip to NZ all ready to be booked, just need to know if im on the right track

Thanks
Joanne
Hi Joanne,

I ended up in this situation due to my lawyers bad advice. I ended up having to bin them and write a statutory declaration myself explaining the sequence of events to get past the schedule 3. It also comes down to how sympathetic your case officer is. The problem is it has now been refused and i don't know if you can appeal it. i would certainly try and speak to another immigration lawyer as it looks like you may be having the same issues as I did!! I would maybe get your employer to email your case officer detailing how important you are to the company and mention the contradicting information given by your lawyer. Good luck in getting your visa sorted

David


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Old 03-15-2011, 10:06 PM
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Thanks David

They have given me the option of withdrawing so that i can apply on a substantive visa, so i guess thats as sympathetic as she wanted to be. She said if she denied the application I could not re-apply so that's some saving grace.

I'm just wondering how to set about doing things differently so this doesnt happen again. I will go to NZ, apply for a tourist visa, come back and apply before the 28 day timeframe is up. My company have already written a great ref and i have everything else sorted so this is the only issue i reckon!

Was your C/O sympathetic to your case?

Thanks
Joanne


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Old 03-16-2011, 12:15 AM
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The things you need to be aware of Joanne are:
. to go to NZ you need a return/outward flight to a country you have a right of entry to so you need a visa for Australia already if you want to return.
. coming back on a tourist visa could see it have a No Further Stay condition unless you apply for an ETA and then there's the question of re-entry, Immi having a policy of visitor visas not inteneded to be for people awaiting a 457 and you can read a reference to that @ http://www.immi.gov.au/gateways/agen...7-visitors.pdf so it can be a bit dicey and up to what questioning that may or may not occur if you're lucky for the latter more so than CO sympathy.
There is a definite meaning to
Quote:
that if i withdrew i could re-apply offshore.
and you need to note offshore

And just on a general note:
. I see you mention solicitor and unless they are also well practised in immigration issues and MARA registered which legally they should be for immigration advice practice in Australia, you are far better off to see a MARA registered immigration agent.
. Immi can provide some information re the processing of visa applications but in most cases it'll be more re-iteration or clarification of what is on the web site but they are not there as advisors as such to say do this and that will happen, particularly as there are never any guarantees on results and the onus is on an applicant to comply with application requirements.
Hence any verbal discussions can only be taken as exactly that, a discussion.





Last edited by Wanderer; 03-16-2011 at 12:18 AM.

  #8 (permalink)  
Old 03-16-2011, 12:41 AM
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Thanks for that. The agent is a MARA one but never mentioned this - im emailing her now about it.

If i go to NZ on a one way flight and apply for an ETA then book a return flight and then apply for the 457 in Australia will that work? Or can i apply for a bv B to safely ensure my re-entry to australia?


  #9 (permalink)  
Old 03-16-2011, 03:33 AM
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If you're on a BVA now, you do need to get a BVB for travelling out of and returning to Australia in normal circumstances and the Kiwis may allow that though it is the usually the airline you need to convince re them taking you on board.

Then on return your BVB would I expect revert to the BVA and I'm not sure if you can apply for a visa from a BVA for they are usually only granted to bridge from an previous acceptable visa expiring to when a decision is made on a new visa that was applied for when you were on the previous visa.

That is why the CO has referred to you applying for the 457 offshore.
If you do that and then return with the BVB becoming a BVA I'm not too sure on how that will worjk for bridging visas are only for where onshore applications have been made.

Though 457s can be applied for onshore when you hold an eligible visa, I'm not too sure if/how Immi differentiate between an onshore one as against an offshore one and whether because you are in Australia on a BVA, you will be required to leave whilst awaiting the 457 grant or the BVA can be extended or they will give you a BVC, but either of the latter would fly in the face of that policy I linked.

Sort of detail you can sort out with your agent or see how you go again with Immi.





  #10 (permalink)  
Old 03-17-2011, 12:30 AM
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Thanks Wanderer for all of your help. I've spoken to my migration lawyer who thinks i should just risk booking a one way flight and hope i dont get 8503 attached to my visa! As much use as a chocolate tea pot she is

I think my best course of action is to head back to Dublin and apply for my 457, attach a letter saying i plan to come back over to Australia to wrap up a few things and visit boyfriend/friends. Then apply for tourist visa. It cuts out all the extra flights, worrying about NZ immi and Oz immi and if im going to get busted. Seems a more honest way around all of this.

Lets hope this works this time around.

Thanks again
Joanne


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