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Help! 457 Visa rejected

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Old Mar 4th 2014 | 12:56 pm
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Exclamation Help! 457 Visa rejected

Hi Guys,

I cant remember the name of the visa that my friend was originally over here on (it was the one where you can stay for 2 years if you do rural work etc), but during this time he applied for a 457 as the company he worked for wants to sponsor him.

He has now worked there for over a year. He has been on a bridging visa since October 13, and heard a month ago that his visa would likely be rejected as the company pretty much stuffed up the application.

He went to see an immigration lawyer but heard he'd left it too late to go to a tribunal or apply for a temporary partners visa (which were his only options). He now has to be out of the country before 1st April but wants to come back.

Can he reapply for a 457 with the same company from overseas? What other options are there for coming back here? What is the time frame for all of this? Any help would be appreciated!
 
Old Mar 4th 2014 | 1:02 pm
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Default Re: Help! 457 Visa rejected

Originally Posted by elleinadeldraw
Hi Guys,

I cant remember the name of the visa that my friend was originally over here on (it was the one where you can stay for 2 years if you do rural work etc), but during this time he applied for a 457 as the company he worked for wants to sponsor him.

He has now worked there for over a year. He has been on a bridging visa since October 13, and heard a month ago that his visa would likely be rejected as the company pretty much stuffed up the application.

He went to see an immigration lawyer but heard he'd left it too late to go to a tribunal or apply for a temporary partners visa (which were his only options). He now has to be out of the country before 1st April but wants to come back.

Can he reapply for a 457 with the same company from overseas? What other options are there for coming back here? What is the time frame for all of this? Any help would be appreciated!
Assuming your friend hasn't received any sort of ban than there is nothing to stop him applying off shore for another visa but for the best advice he would be better asking a MARA agent
 
Old Mar 4th 2014 | 1:14 pm
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Default Re: Help! 457 Visa rejected

Originally Posted by old.sparkles
Assuming your friend hasn't received any sort of ban than there is nothing to stop him applying off shore for another visa but for the best advice he would be better asking a MARA agent
He's already been to see an immigration lawyer (see post #1) so not clear what value this adds. Unless the suggestion really means to see an agent/lawyer who has experience of this kind of situation. Picking one out of the phone book is unlikely to be a good strategy.
 
Old Mar 4th 2014 | 1:18 pm
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Default Re: Help! 457 Visa rejected

Originally Posted by JAJ
He's already been to see an immigration lawyer (see post #1) so not clear what value this adds. Unless the suggestion really means to see an agent/lawyer who has experience of this kind of situation. Picking one out of the phone book is unlikely to be a good strategy.
I assumed that he went to see the agent about the current refusal not future options, but if he has already asked an opinion on future options then you are right, it would likely not add any value.
 
Old Mar 4th 2014 | 1:55 pm
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Default Re: Help! 457 Visa rejected

Originally Posted by elleinadeldraw
Hi Guys,

I cant remember the name of the visa that my friend was originally over here on (it was the one where you can stay for 2 years if you do rural work etc), but during this time he applied for a 457 as the company he worked for wants to sponsor him.

He has now worked there for over a year. He has been on a bridging visa since October 13, and heard a month ago that his visa would likely be rejected as the company pretty much stuffed up the application.

He went to see an immigration lawyer but heard he'd left it too late to go to a tribunal or apply for a temporary partners visa (which were his only options). He now has to be out of the country before 1st April but wants to come back.

Can he reapply for a 457 with the same company from overseas? What other options are there for coming back here? What is the time frame for all of this? Any help would be appreciated!
Yes the company can apply for a new sponsorship from offshore and he can then apply for a 457 again, no bar to that, but get the company to sort out what ever they stuffed up!!!
No one can predict a timeline. Especially as its not known what the stuff up was and whether they have to go back to square one and get the company side re-evaluated by DIBP first.

He could also go home and then apply for a Spouse Visa offshore - if its an option now, its almost still an option from offshore. that leads to PR (unlike a 457 which still requires him to qualify for PR separately) and would not need any involvement by ay eomployer. More expensive now but easier and cheaper in the great scheme of things.

Last edited by Pollyana; Mar 4th 2014 at 1:57 pm.
 

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