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Old Feb 20th 2014 | 6:36 pm
  #1  
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Default 457 extension

Hopefully someone out there can help me with my dilemma please….
My 457 visa is due to expire this coming September and I have been exploring my options to continue working in Australia with the same sponsor had for the last 3.5years, but
1. My existing 457 ANZSCO occupation does not reflect my role and it never has !! …as the immigration company my sponsor used applied for the wrong ANZSCO occupation category and I only found out once the visa was formally issued and my company said best to remain silent !
2. I am not looking to spend all my days here in OZ, just another 12 months, so happy to simply renew my 457 rather than go for PR.
3. If I go for a new 457 then I really should make sure the ANZSCO occupation is correct this time
…… So my questions are:

· If I go for a renewal or new 457 with the same employer will IMMI.GOV want to check that I have been fulfilling the duties of the ‘wrong’ occupation resulting in the cat being let out of the bag so to speak !
· Can I apply for a new visa under a different ANZSCO occupation i.e. the right one for my experience ??
· Can I apply for a new 457 before my existing one run out, or would my new 457 only be issued on expiry of my existing one ?
· Really want to take a new 457 now and make myself legitimate, plus was looking at getting a car loan and need a 4 year visa for that ?
· If I go for PR I will not be able to use my wrong occupation as defined on my 457, as I will need to be assessed ?

Really would appreciate any advice ************************************************** ***********
 
Old Feb 20th 2014 | 8:08 pm
  #2  
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Default Re: 457 extension

Advice? Well as you only want to stay for another year, I seriously would consider forgoing that and wrapping up your Australian adventure before September.

Unless you want to make another fraudulent application, I would think it very difficult to change occupation code now.

You are not likely to get a loan with a longer duration than your visa, presumably you do not need explanation as to why that is so.

Out of interest, what is your correct occupation code versus the one your current visa is under.
 
Old Feb 22nd 2014 | 11:17 am
  #3  
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heldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really nice
Default Re: 457 extension

Ok
Thanks for your kind advice...
 
Old Feb 22nd 2014 | 11:20 am
  #4  
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Default Re: 457 visa extension / renewal

Hopefully someone out there can help me with my dilemma please….
My 457 visa is due to expire this coming September and I have been exploring my options to continue working in Australia with the same sponsor had for the last 3.5years, but
1. My existing 457 ANZSCO occupation does not reflect my role and it never has !! …as the immigration company my sponsor used applied for the wrong ANZSCO occupation category and I only found out once the visa was formally issued and my company said best to remain silent !
2. I am not looking to spend all my days here in OZ, just another 12 months, so happy to simply renew my 457 rather than go for PR.
3. If I go for a new 457 then I really should make sure the ANZSCO occupation is correct this time
…… So my questions are:

· If I go for a renewal or new 457 with the same employer will IMMI.GOV want to check that I have been fulfilling the duties of the ‘wrong’ occupation resulting in the cat being let out of the bag so to speak !
· Can I apply for a new visa under a different ANZSCO occupation i.e. the right one for my experience ??
· Can I apply for a new 457 before my existing one run out, or would my new 457 only be issued on expiry of my existing one ?
· Really want to take a new 457 now and make myself legitimate, plus was looking at getting a car loan and need a 4 year visa for that ?
· If I go for PR I will not be able to use my wrong occupation as defined on my 457, as I will need to be assessed ?

Really would appreciate any advice ************************************************** ***********[/QUOTE]
 
Old Feb 22nd 2014 | 11:28 am
  #5  
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Default Re: 457 visa extension / renewal

Originally Posted by heldownunder
Hopefully someone out there can help me with my dilemma please….
My 457 visa is due to expire this coming September and I have been exploring my options to continue working in Australia with the same sponsor had for the last 3.5years, but
1. My existing 457 ANZSCO occupation does not reflect my role and it never has !! …as the immigration company my sponsor used applied for the wrong ANZSCO occupation category and I only found out once the visa was formally issued and my company said best to remain silent !
2. I am not looking to spend all my days here in OZ, just another 12 months, so happy to simply renew my 457 rather than go for PR.
3. If I go for a new 457 then I really should make sure the ANZSCO occupation is correct this time
…… So my questions are:

· If I go for a renewal or new 457 with the same employer will IMMI.GOV want to check that I have been fulfilling the duties of the ‘wrong’ occupation resulting in the cat being let out of the bag so to speak !
· Can I apply for a new visa under a different ANZSCO occupation i.e. the right one for my experience ??
· Can I apply for a new 457 before my existing one run out, or would my new 457 only be issued on expiry of my existing one ?
· Really want to take a new 457 now and make myself legitimate, plus was looking at getting a car loan and need a 4 year visa for that ?
· If I go for PR I will not be able to use my wrong occupation as defined on my 457, as I will need to be assessed ?

Really would appreciate any advice ************************************************** ***********
[/QUOTE]
Really, the advice doesn't change because you repost the same info.

You need to decide whether you are comfortable submitting another application with the wrong code (lying) or trying to do it right. As BS said, you're not going to get a loan for longer than your visa length.
 
Old Feb 22nd 2014 | 11:37 am
  #6  
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Default Re: 457 extension

Do you understand how serious your situation is? You have been in breach of your visa for years, you should have corrected it at the time. it was definitely not better to stay silent.

So to work through your options in a very logical manner.

Option 1. You could apply for another 457 and pretend you are employed in a different occupation to the one you are actually doing again (i.e. a fraudulent application).

Option 2. You apply for the next 457 visa in the correct occupation code. But immigration are going to put two and two together and will wonder why you are being sponsored in an occupation that you have no recent experience in. Or they realise you were in breach of your visa previously.

Neither are particularly appealing to me. Although I did ask what the two occupations are, because I wanted to judge how similar they are and whether you could wing it. But you have not answered me, have implied I am not trying to help and just repeated your whole situation again, presumably because you can't cope with some straight talking.

So as I say, option 1 & 2 would not be particular appealing to me and as you want to leave shortly anyway, my genuine, not my flippant, but my genuine advice would be that as you are potentially in a bit of a mess, I would think about wrapping things up early and sneaking off before you get into any trouble.

Sticking your head in the sand and ignoring the facts won't help you.

Or is this the kind of answer you want:

"Heldownunder, don't worry, just apply for the new 457, it'll be right mate."
 
Old Feb 22nd 2014 | 11:50 am
  #7  
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heldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really niceheldownunder is just really nice
Default Re: 457 extension

Just to clarify the original misconception/confusion was caused by the company/immigration agent not me...
As When applying for a 457 we do not see the company's application and only receive the final granted visa by which time notices etc had been handed in in the uk. If I choose to give you the exact details, it was an understandable confusion as the two occupations are similar.

I was just hoping to find out if I was best to get the company to submit a whole new 457 visa with the correct occupation or whether immigov will turn around and say bugger off home. We have a family and although we want to eventually return home we also need to plan financially educationally etc. If we will have trouble renewing, fair enough, we will prefer just to stick out to the end of our visa (later this year) and head home.

We are after technical visa advice not emotional, after all we have spent four years working hard, contributing to communities, paying taxes etc you are making us sound like criminals for a misconception not created by us.
 
Old Feb 22nd 2014 | 11:55 am
  #8  
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Default Re: 457 extension

Originally Posted by heldownunder
Just to clarify the original misconception/confusion was caused by the company/immigration agent not me...
As When applying for a 457 we do not see the company's application and only receive the final granted visa by which time notices etc had been handed in in the uk. If I choose to give you the exact details, it was an understandable confusion as the two occupations are similar.

I was just hoping to find out if I was best to get the company to submit a whole new 457 visa with the correct occupation or whether immigov will turn around and say bugger off home. We have a family and although we want to eventually return home we also need to plan financially educationally etc. If we will have trouble renewing, fair enough, we will prefer just to stick out to the end of our visa (later this year) and head home.

We are after technical visa advice not emotional, after all we have spent four years working hard, contributing to communities, paying taxes etc you are making us sound like criminals for a misconception not created by us.
Perhaps you would be better to seek advice from an experienced MARA agent. Some occupation codes have an overlap of duties with another code in the same group - have you looked up the duties of the code your current visa is issued under, and the one you think you should have to see how much overlap there is?
 

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