saif2456

Hi all,

I am here to seek some clarification regarding offshore application for 457 visa while I am on BV'A' and am subject to s48.

Initially my nomination was refused by Immi...subsequently my 457 visa application got refused too. Both were applied for review at AAT. But due to an administrative error by my lawyer while applying for review of the visa refusal, AAT decided that it has 'No Jurisdiction' over the matter. Hence I am planning to apply to Federal Circuit Court (FCC) to review this.

In the meantime, my Nomination application is under review at AAT and further documents have been requested.

So, if the nomination gets approved before the FCC decision, I will have to go offshore to apply again for 457 (hope I am right). I am currently on BV'A' which was granted after my initial visa application along with the nomination application.

My question is:

(1) To apply 457 offshore, can I (and my family) go outside Australia for few days while the application is lodged....and then come back and wait for the Immi decision?

(1.1) If yes, which visa will I need to apply for to enable us to go out, apply offshore and come back? Is it BV'B'. Also, once we come back, can we go back to BV'A' or will have to apply for another bridging visa?

(2) I have already completed the medical exams for my initial 457 visa application. So, if I have to apply for 457 offshore, would I be required to undertake another medical test?

Looking eagerly forward to your kind reply/ies.

Many thanks in advance.

-Saif

Pollyana

To go offshore you would need a BVB. BVA will continue when you come back onshore. However if the decision goes against you while offshore your BVA would almost certainly be cancelled and you would not be able to return.

Medical might be accepted, might not, up to the case officer.

I would strongly advise professional advice, though I am surprised you are not already working with an agent. Appeals at this level without one are not recommended.

saif2456

Thanks Pollyana. But I have been working with an agent from the very beginning. As I mentioned unfortunately my agent's office made an error which has now resulted in AAT's No Jurisdiction decision. That's why I am seeking a second opinion from the forum which I believe is full of experts like yourself.😁😁😁

Will be appealing at FCC through the agent.

old.sparkles

The members of the forum are not generally experts, just people like yourself who have experience with aspects of the immigration processes. If you are looking for expert advice, then you should be talking to your (or the company's) agent.

saif2456

Hi old.sparkles. I didn't mean that I was expecting expert opinion here. I just wanted to know forum members' experience in my context. And when I say experts, I refer to members with extensive and long experience in the forum...😊😊😊

As I noted I already have an immi lawyer engaged for my visa process.😆😆😆

Pollyana

We are not experts - with the exception of a few agents who post here. Experience on the forum does not give anyone experience in the appeals process.

Every visa application is unique. The chances of finding someone with exactly the same background and aplying for exactly the same visa from the same country is so small its not worth considering, If it comes to a refusal and a submission for an appeal then it becomes even smaller.
Appeals are rarely mentioned on here, people take good professional advice instead of relying on lay-people. And I agree with that path. Not only are appeals something that need to be handled carefully and professionally, but with DIBP known to browse the forum, discussion of the case may actually prejudice the application. You may unwittingly reveal information that could be used against you.

In your shoes, I would be engaging a new agent, and taking their advice and guidance.

saif2456

Thanks Pollyana. Your feedback is much appreciated.