457 Visa Cancellation Question

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Old Oct 21st 2014, 2:10 am
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Default 457 Visa Cancellation Question

Hi all

I have read quite a few threads regarding this subject, although none exactly match my circumstance, so hopefully it won't be another repeat question and get some useful info for myself and others in this situation. Ok, a bit of background info.

I have been on a 457 visa for just under 3 years as an electrician and been working for my sponsored employer in Australia for over 2 years. I submitted my Subclass 189 PR Visa on 06/06/2014, and although Immigration say they have emailed a Clarification Request on 26/08/2014 (something regarding my ex who was on 457 but never came to Australia) which my migration agent claim they did not receive, I have heard nothing since.

My employer has been going through bad times and redundancies are looming, so....

If I was to be made redundant, what would happen to me? Bearing in mind I am waiting for a PR grant. For example, would I have to leave after 90 days, be allowed to stay until a decision is made on my visa, can I work, bridging visas etc (my orignal 457 expires in Dec 15).

Thanks in Advance guys

Adam

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Old Oct 21st 2014, 2:45 am
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Default Re: 457 Visa Cancellation Question

You really should chase up the 189, processing isn't taking that long at the moment and I think you should be very concerned that you haven't heard anything since June. If they do not receive information requested they may decide to close your case by declining your visa. So get onto this.

To your question you would not be in a good situation if you are made redundant. Although there is some time before the 457 would be cancelled, at least 90 days and possibly more, when it is cancelled you would only be on bridging visa E. This is the emergency bridging visa that does not allow travel or work. Best avoided..
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Old Oct 21st 2014, 3:12 am
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Default Re: 457 Visa Cancellation Question

Hi Bermudashorts

Thanks for your reply. I am getting very concerned, as all my agent tells me is she has had no correspondance from Immigration. I am currently on hold to Immigration now..... Hopefully they can tell me the status of my visa
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Old Oct 21st 2014, 3:37 am
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Default Re: 457 Visa Cancellation Question

Originally Posted by adam.markey2011
Hi Bermudashorts

Thanks for your reply. I am getting very concerned, as all my agent tells me is she has had no correspondance from Immigration. I am currently on hold to Immigration now..... Hopefully they can tell me the status of my visa
Who did immigration send the clarification request to and how do you know about it then? Your agent should have followed up on missing requests and certainly should be keeping on top of this, she must know 189s are being processed very quickly right now.
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Old Oct 21st 2014, 4:10 am
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Default Re: 457 Visa Cancellation Question

I rang up my agent at the end of September and asked them to ring Immigration to find out the status of my visa/how it was processing, have I got a C/O etc..... It was after that call she told me they had sent the request in August, to my agents email address, and although they couldn't tell her the exact contents of the email, the information was regarding my ex partner. That was when they said they will resend the email and could take upto 5 working days - nearly 3 weeks ago.

Just seems to be taking too long - 20 weeks since lodgement this Friday.

Thanks

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Old Oct 21st 2014, 4:37 am
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Default Re: 457 Visa Cancellation Question

Originally Posted by adam.markey2011
I rang up my agent at the end of September and asked them to ring Immigration to find out the status of my visa/how it was processing, have I got a C/O etc..... It was after that call she told me they had sent the request in August, to my agents email address, and although they couldn't tell her the exact contents of the email, the information was regarding my ex partner. That was when they said they will resend the email and could take upto 5 working days - nearly 3 weeks ago.

Just seems to be taking too long - 20 weeks since lodgement this Friday.

Thanks
Who is your agent and are they MARA registered?
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Old Oct 21st 2014, 4:43 am
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Default Re: 457 Visa Cancellation Question

Hi Dorothy

Yes she is MARA. Would prefer not to name though, afterall, it may be Immigration causing the hold up.

Thanks
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Old Oct 21st 2014, 6:16 am
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Default Re: 457 Visa Cancellation Question

Originally Posted by adam.markey2011
Hi Dorothy

Yes she is MARA. Would prefer not to name though, afterall, it may be Immigration causing the hold up.

Thanks
It is taking far too long assuming you are not from a high risk country that is. I don't believe this about missing emails either, why would an email go missing? It is not like an agent would not have sorted out the spam filter to recognise emails from immigration.
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Old Oct 21st 2014, 6:27 am
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Default Re: 457 Visa Cancellation Question

No, I dont think England is regarded as high risk lol (I hope).

But after over an hour of waiting on hold, I finally got through to a human being at Immigration. She told me that the process was slowed down as my Case Officer had asked for clarification. She didn't answer me when I asked why has it been three weeks and still hadn't received another email stating the clarification details though, just that this was the reason why it was taking so long. I do agree that this "missing email" is very fishy..... Although the Immigration lady did say my application was still being processed and had not been declined. Another interesting thing she said was that my migration agent had been enquiring again this morning and had spoken to them. I'm glad she is following it up, but i had no idea - after 5 months I wouldn't say no to being kept in the loop.

Maybe it is just a waiting game, although not everything seems to be right.

Thanks guys!
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Old Oct 21st 2014, 6:46 am
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Default Re: 457 Visa Cancellation Question

Keep pushing...I did our PR without an agent, after we heard nothing for a long time, I phoned Immi and after going round in circles was eventually told that the PR had been granted over a month before and 'Oh, hadn't I received a letter?' !!!!
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Old Oct 21st 2014, 6:54 am
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Default Re: 457 Visa Cancellation Question

I will thanks Roger! That's crazy!!! Yeah, just need a decision really..... Things aren't looking good on the work front and there aren't many sponsorships at the moment.

Thanks!
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Old Oct 21st 2014, 10:20 pm
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Default Re: 457 Visa Cancellation Question

Your agent should also be happy to clarify what would happen under the different circumstances you mention.

If you are ever concerned about your current status you can also check
Visa Entitlement Verification Online
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