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Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciated!

Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciated!

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Old Sep 8th 2004, 10:53 am
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Default Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciated!

Dear all

Am posting this incase anyone has any experience of this or knows anyone who has gone through this.

Currently applying for skilled independant for PR Oz. Have met all the intial requirements & going through having my skilled checked by ACS.

I have a query though, in the application sheets for the skilled independant PR, it says have you ever had any australian visa cancelled.

In my case I was employed by an IT company in Sydney from sept to dec 2002 on a WHV. I waited until my 457 was being processed & went contacted the company on dec 2002 to find that they had made redundancys & I was one of them. I got a full reference from them & explaining their actions.

However I left australia March 2003, I had not recieved confirmation that my Visa had expired from DIMA. When I called the migration agent who was dealing with my 457 throughout they said that the company had still not informated them of my finishing. Therefore I guess according to DIMA I was still employed by the company. I am unsure of when they actually informed DIMA. (But from evidence I left the country before the visa expired).

My questions are - Whos responsbility is it to cancel 457 Visa?
The sponsor was the company who employed me & went through an Australian Migration agent.
Are you given a timeline by DIMA once they are notified of your 457 visa being cancelled? I would have left the country by then.
Will this affect my application for PR Skilled Independent. I have the visa in my passport still - was to run out 2006.


My application is straight forward apart from this, just would like some advice/help as to whether this would cause a concern for DIMA if I applied.

Just slightly worried as I havent done anything wrong or illegal but want to cover every item before I make my application.

Sorry for long winded questions & any information would be greatfully appreciated.

regards
Marty
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Old Sep 8th 2004, 1:28 pm
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Default Re: Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciated!

Originally Posted by Dmartyos
Dear all

Am posting this incase anyone has any experience of this or knows anyone who has gone through this.

Currently applying for skilled independant for PR Oz. Have met all the intial requirements & going through having my skilled checked by ACS.

I have a query though, in the application sheets for the skilled independant PR, it says have you ever had any australian visa cancelled.

In my case I was employed by an IT company in Sydney from sept to dec 2002 on a WHV. I waited until my 457 was being processed & went contacted the company on dec 2002 to find that they had made redundancys & I was one of them. I got a full reference from them & explaining their actions.

However I left australia March 2003, I had not recieved confirmation that my Visa had expired from DIMA. When I called the migration agent who was dealing with my 457 throughout they said that the company had still not informated them of my finishing. Therefore I guess according to DIMA I was still employed by the company. I am unsure of when they actually informed DIMA. (But from evidence I left the country before the visa expired).

My questions are - Whos responsbility is it to cancel 457 Visa?
The sponsor was the company who employed me & went through an Australian Migration agent.
Are you given a timeline by DIMA once they are notified of your 457 visa being cancelled? I would have left the country by then.
Will this affect my application for PR Skilled Independent. I have the visa in my passport still - was to run out 2006.


My application is straight forward apart from this, just would like some advice/help as to whether this would cause a concern for DIMA if I applied.

Just slightly worried as I havent done anything wrong or illegal but want to cover every item before I make my application.

Sorry for long winded questions & any information would be greatfully appreciated.

regards
Marty
Marty
I am no expert but I was in a similar - but opposite - position.
I was PR and left for personal reasons without advising DIMA and never returned within 5 years thus invalidating my PR visa.
I am now going back on a 457 - despite the fact I have a visa in my passport saying I can remain in the country idefinitely as a PR.
This has not been an issue at all with DIMA.

Andrew
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Old Sep 10th 2004, 11:36 am
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Default Re: Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciat

Originally Posted by andrew63
Marty
I am no expert but I was in a similar - but opposite - position.
I was PR and left for personal reasons without advising DIMA and never returned within 5 years thus invalidating my PR visa.
I am now going back on a 457 - despite the fact I have a visa in my passport saying I can remain in the country idefinitely as a PR.
This has not been an issue at all with DIMA.

Andrew
Leaving Australia does not invalidate your PR visa, it just means that you must apply for a Return Resident visa before you can re-enter Australia.

Migration Agent
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Old Sep 10th 2004, 12:56 pm
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Default Re: Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciat

Originally Posted by PINOYAU
Leaving Australia does not invalidate your PR visa, it just means that you must apply for a Return Resident visa before you can re-enter Australia.

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Pinoyau
I applied for the RRV but was declined as I had no business or family ties.

Andrew
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Old Sep 10th 2004, 11:21 pm
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Default Re: Going from Cancelled 457 (4 Year) to PR Oz - Slighty worried & any help appreciat

Originally Posted by andrew63
I am now going back on a 457 - despite the fact I have a visa in my passport saying I can remain in the country idefinitely as a PR.
It's a completely different situation. Your PR visa ceased to have effect as you were outside the country when the re-entry facility expired.

That's not the same as a cancellation.

Jeremy
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