# 457 Visa help



## DFinnie (Jan 27, 2011)

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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## Wanderer (Jun 16, 2007)

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.


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## DFinnie (Jan 27, 2011)

*457 visa*



Wanderer said:


> 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.
> 
> ...


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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## joanne79 (Mar 15, 2011)

*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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## DFinnie (Jan 27, 2011)

joanne79 said:


> 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.
> 
> ...


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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## joanne79 (Mar 15, 2011)

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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## Wanderer (Jun 16, 2007)

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/agents/pdf/subclass-457-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


> 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.


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## joanne79 (Mar 15, 2011)

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?


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## Wanderer (Jun 16, 2007)

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.


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## joanne79 (Mar 15, 2011)

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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## Wanderer (Jun 16, 2007)

Is it a BVA you're on now Joanne?
And if so, leaving is probably what you have to do but other than NZ, it may not have to be all the way back to Dublin for anywhere else in the Pacific or Asia will be OK and so you could probably just go to Fiji, Bali or Singapore etc., there being some pretty cheap flights from various locations in Australia with airasia or tigerairways.

With the CO mentioning you can apply from offshore, it could be that with the employer and nomination already approved it could be a fairly quick decision once the application is relodged from offshore.
They'll probably not be too committal re approval/time but if you can find out that their keeping of the existing employer application open is intended, then a good chance that it'll happen promptly enough.
You can probably sit on a beach in Bali or Malaysia somewhere cheaper than what your return airfares to Dublin will be.


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## joanne79 (Mar 15, 2011)

Nope afraid not, im on a BVC with work permission at the moment so thats a bit of dud visa to get around.

If I was to ditch the idea of a long flight and cold weather for Bali etc...how would i get around booking a return airfare to Australia? 

My company just got their approval for sponsoring me in the post today, is it just a case of ringing up immi and asking if this sponsorship is still valid? 

Cheers
Jo


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## Wanderer (Jun 16, 2007)

Indonesia does not have the same requirements as NZ as far as I know and you may be able to just head to Bali on a one way ticket , apply for the 457 and as soon as it is granted you could just then book a flight back.
Alternately, if you book a return flight, that'll probably not worry the Indonesians and either just give yourself a few weeks for the 457 to be granted or book a flight that dates can be changed with minimal cost.
From what you have already been told about doing an offshore application, I'd expect that the employer sponsorship approval is still valid and actually I think you'll find Immi info that employer approvals are valid for at least six months if not longer but check with Immi.


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## joanne79 (Mar 15, 2011)

that doesnt sound too bad...can i apply for the 457 offshore and include a letter with my application saying that i intend to travel back to Australia, then apply for a tourist visa so i can come back before the decision is made?


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## Wanderer (Jun 16, 2007)

I would not think that is a great idea for you would really be throwing in their face that you were going to do something that is not supposed to be done, ie per the earlier link - http://www.immi.gov.au/gateways/agents/pdf/subclass-457-visitors.pdf
Seeing as you have had contact with a CO, i think they're really trying to help and if you contacted them and said something like " OK, I'm off to Bali and will relodge as soon as I arrive, can you tell me if there is anything else I need to have in the application and do you have any idea just how long I might need to be hanging out there ", [ mentioning that in a low key way ] as long as your application has met all other requirements the CO may be prepared to give you some idea.

You could risk returning on an ETA to see if you get entry but seeing as the records will show you've just been on a BVC, it is likely you could be questioned and quite possible the situation could get a bit messy so I'd be settling on some relaxing sun soaking or hill trekking time.


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## joanne79 (Mar 15, 2011)

yeah that would be great and all but ive been here for a while and as luck would have it i rent a unit here in brisbane by myself and have other commitments that i cant fully wrap up before the deadline...rushing to get things finished and put into storage etc

I read that if you write a letter with the 457 explaining that you are heading to australia for legitimate reasons (wrapping up loose ends and saying goodbye to friends etc) and understand that you will not work etc they will be lenient?? 

i rang my co and she said she could not discuss my 457 application with me as i had to withdraw it and so the case is 'closed' with her...honestly she was not the most helpful person ive ever dealt with.


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## Wanderer (Jun 16, 2007)

I suppose if you've got a lease on the apartment and have financial commitments, you'll want to be doing whatever is cheapest while you're without income and so that probably means playing ball as well as possible with Immi and hoping application time is minimised.
If your sponsor has used an agent, have you asked them if some sort of a deal can be done with the agent so you're not so much out of pocket and see if they can have an application all wrapped up for them to put it in as soon as you have passed through immigration on your way out and though it is not officially so, I'd not mind betting agents have their contacts and ways of getting a quick result when necessary.

With the apartment, even if it was a few weeks you'll be gone have you thought about seeing if anyone is after some temporary accommodation to help with payments if you are looking at keeping it, maybe even a notice down at a couple of backpacker hostels to see if you think there might be a couple of reasonable girls about, maybe even a few Irish about.


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## orange (Jul 19, 2010)

hi sorry to sdietrack form joanne's question.. 

but ive got a question regarding 457 visa...

im on a 457 in perth now.. 
assuming I submit my letter of resignation on 1 June 2011 (4wks notice) and intend for my last day to be on 1 July 2011. (that's 30days)

I understand that I have 28days to exit Australia when employment cease. Which date should I start counting by? 1 June or 1 July?

I am not sure but i think It's quite unreasonable to expect me to exit Australia eg. 28th June...given 4weeks notice for resignation...flying out on my last day of work? and no time for packing and sorting out bank etc issues.

Please enlighten me


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## Wanderer (Jun 16, 2007)

If you submit 4w on 1/6, I'd expect your last day of employment would be 4w on from then, say the 29/6 or even 28/6 if you put it in first thing of the morning and they count the 1/6 as being first day of the 4w and then given that the 1/6 is a Wednesday, it'll be up to what you negotiate whether there is adjustment to the 29 or 28.
Whatever day your employment ends, your 28 days for leaving would start counting on the first day you are not employed and not from when you hand your resignation in.


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