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We are on 600 & 417, been offered 457 for us both, do I need to be offshore?


Abyss

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Hi

We are both from the UK and due to age (i'm 34) I applied for a e600 year long visa last year to come here with my partner to do the same, due to her age, it was easier and cheaper for her to get a WHV 417 visa. We spent 6 months travelling and she saw a job that was too good to pass and beneficial for her career. I didn't mind not working as we have enough to survive the year anyway and if her job lead to being able to stay then so be it. That time has come and they offering a 457 for her and I.

 

The issue here is I have a 8503 no further stay condition on my visa, so as the partner on the main applicant it looks as if I have to leave for the application to go through. We are exploring ways I don't have to do this, and I have heard visa processing times are taking upto 6 months, we don't think we can be apart for that long. I don't mind hopping over to Bali/NZ if I really need to, but its not feasible for me to wait there 6 months :( Please help! Her company have already submitted the 457 for us, we didn't realise the condition was on my visa, and a BVA has been approved for my partner and nothing for me, hence I went searching as to why and found it's likely this condition! my current visa runs out end of July :err:

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You cannot lodge a valid 457 onshore visa application with condition 8503 imposed on your current visa. If you have a multiple entry visa, you MIGHT be able to go offshore and lodge and return, but you would not be granted a bridging visa. May I suggest that you consult a registered migration agent for advice about strategy?

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You cannot lodge a valid 457 onshore visa application with condition 8503 imposed on your current visa. If you have a multiple entry visa, you MIGHT be able to go offshore and lodge and return

If I go offshore, lodge 457, and return on the SAME visa (I have multiple entry, with 8503 condition) whilst I wait for it to be granted, surely the same 8503 condition that caused me to leave is still in force stopping the actual grant of the 457 to take place, or does that not matter as I was off shore the moment it was submitted?

 

I will follow this strategy up with a MARA registered agent so I can be sure and not gambling on internet hearsay, but thank you for the clarification on these points ;)

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8503 The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

 

Related provisions prevent a valid application being lodged onshore.

 

It is possible to depart Australia, lodge a visa application and return and then depart again for the visa grant.

 

Whether this would be a viable strategy in your case would require a detailed assessment.

 

I will send you a PM.

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