British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   No Further Stay (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/no-further-stay-576713/)

stot Dec 4th 2008 4:46 am

No Further Stay
 
Hello

Can anyone help. I am currently in Australia on a 12 month tourist visa which has a no further stay condition imposed on it. Does anyone know if I would be able to apply for a 457 visa if offered a sponsership by an employer whilst I am on this visa?

Thanks

Stot

mvt550 Dec 4th 2008 5:26 am

Re: No Further Stay
 
My understanding is that no further stay means exactly that and you will need to leave Australia before you apply for any other visa.

Happy to be corrected if I am wrong though!



Originally Posted by stot (Post 7035534)
Hello

Can anyone help. I am currently in Australia on a 12 month tourist visa which has a no further stay condition imposed on it. Does anyone know if I would be able to apply for a 457 visa if offered a sponsership by an employer whilst I am on this visa?

Thanks

Stot


mark213 Dec 4th 2008 5:41 am

Re: No Further Stay
 
No further stay means (as a rule) no onshore application can be made and that includes 457's.

mi5agent Dec 4th 2008 8:41 am

Re: No Further Stay
 

Originally Posted by stot (Post 7035534)
Hello

Can anyone help. I am currently in Australia on a 12 month tourist visa which has a no further stay condition imposed on it. Does anyone know if I would be able to apply for a 457 visa if offered a sponsership by an employer whilst I am on this visa?

Thanks

Stot

All the replies are correct...no further stay means that.....you leave teh mainland. If you overstay, you could get a 3 year "ban" on being allowed back into Aus.

You can contact immigration about your concerns and ask advice, but dont hold out much hope.

Maybe you could try to get a student visa!!!!!! 3 year course at about AUD$10k per year!!

Most advice would say exit and make an offshore application and apply for a new tourist visa...but you will not get a 12 month stay again, ( they call it immigration by stealth) so better ask for 6 or 9 months. A good agent MAY be able to offer better advice.

Safin Dec 5th 2008 12:22 am

Re: No Further Stay
 
would the op be able to make the 457 application as an offshore application (assuming the tourist visa is still valid at that point) and then go offshore when it is ready for grant? That way he reamins here til the 457 is ready (or the tourist visa runs out) but it is an offshore grant which is what is required due to the restriction

Thats what happens if an onshore person makes a 175 (offshore visa) application.

mvt550 Dec 5th 2008 1:05 am

Re: No Further Stay
 

Originally Posted by Safin (Post 7038548)
would the op be able to make the 457 application as an offshore application (assuming the tourist visa is still valid at that point) and then go offshore when it is ready for grant? That way he reamins here til the 457 is ready (or the tourist visa runs out) but it is an offshore grant which is what is required due to the restriction

Thats what happens if an onshore person makes a 175 (offshore visa) application.

But you cannot apply for a 175 while onshore if you have a no further stay condition imposed (even though it is an offshore visa anyway).
I assume this is true for the 457 too.

Safin Dec 5th 2008 1:30 am

Re: No Further Stay
 

Originally Posted by mvt550 (Post 7038635)
But you cannot apply for a 175 while onshore if you have a no further stay condition imposed (even though it is an offshore visa anyway).
I assume this is true for the 457 too.

sorry I thought it meant you couldn't be GRANTED another visa without leaving first - not couldn't APPLY.

JAJ Dec 5th 2008 2:12 am

Re: No Further Stay
 

Originally Posted by Safin (Post 7038548)
would the op be able to make the 457 application as an offshore application (assuming the tourist visa is still valid at that point) and then go offshore when it is ready for grant? That way he reamins here til the 457 is ready (or the tourist visa runs out) but it is an offshore grant which is what is required due to the restriction

Thats what happens if an onshore person makes a 175 (offshore visa) application.

No it isn't. The best you can do is leave, lodge application and then re-enter if the visa allows that.

If a tourist visa, admission is always based on Immigration believing you're a "genuine visitor."


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