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Does one visa cancel out another?


Guest willdavis

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Guest willdavis

Hi,

 

We are in a quite unique position. It is 2 months since we lodged our 175 visa. Since lodging this, I have had an interview with Teaching Western Australia and having spoken to them if i want the benefits they offer of a guaranteed job in jan 2010, help with settling in and subsidised rent, we have to go on a sponsored 457 visa. Basically, We favour the 457 and have been told by DET WA that as soon as we apply for the 457, the 175 application will be cancelled and become obsolete. My agents have told me this is not the case and that the visa that gets approved second is the one that is valid, which would be a problem if the 175 gets approved second. Can anyone clear this up for me?

 

Many people will think we are mad giving up a 175 with permanent residence, but it is no use to us if i am not working or we won't be able to stay. Primary teaching jobs are not easy to come by in Oz!

 

Any help/advice would be really appreciated!

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Guest Jhonnywalker

Hi Willdavis - Firstly - Congrats on the job offer!. I guess I read about this somewhere - but not sure where. The second visa becomes the effective one. In other words 175 becomes your effective visa when it is approved, in your case. - However, if your 175 gets approved before your 457 then I guess 457 becomes your effective visa, unless you speak to your case officer and inform him about your 175 before hand.

 

PIO Experts - please correct me if I am wrong!.

 

Good Luck

Cheers,

JW

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Guest Gollywobbler

Hi willdavis

 

Your agent is right. Lots of people go to Oz on 457 visas whilst they await the grant of 175 visas.

 

I wouldn't recommend switching a safe 175 application for the uncertainty of a temporary subclass 457 visa though:

 

457 Visa Restrictions : British Expat Wiki

 

This sounds to me like a twit in HR who imagines that they "have to" offer you a 457 visa and then leave it in the lap of the gods about whether or not they ever get round to sponsoring you for an ENS or RSMS visa, frankly.

 

Consider all the things that you will NOT get on the 457 visa, I suggest. First Time Home Owners Grant - now $21,000. Stamp duty relief on the purchase price of a home. Access to the State Benefits system if need be and so forth.

 

And if you find that you detest the job you would have no option but to find another sponsor, leave Australia or put up with the misery.

 

I really would think VERY carefully about abandoning the safety of Permanent Residency on Day One.

 

Best wishes

 

Gill

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You will surely have your permanent visas by Jan 2010. I'd accept the offer and tell them that you will travel out on your permanent visas instead.

 

If you meant Jan 2009 then there is no harm you first travelling out on a 457 and letting your permanent visas "take over" once they are granted. Bear in mind, though, that you will have to depart Australia before the grant is made. So when you are negotiating your contract, see if the employer will also agree to cover the cost of the flights (normally to NZ) for you to depart and re-enter Australia.

 

Not only would it be insane for you to trade in a permanent visa for a 457 (as Gill said in much more subtle terms) but you should also bear in mind that migration law can change at any time and you may find that when you come to apply for a new permanent visa later down track, you may no longer qualify. Of course that is an extreme scenario, but it has happened to people who were caught out by legislative/policy changes in the past.

 

 

Cheers,

Veronika

 

(ps: You should listen to your agent. )

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