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    Thread: Cancellation of 457 visa, was I supposed to cancel it after leaving Oz?! HELP!


    1. #1

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      Cancellation of 457 visa, was I supposed to cancel it after leaving Oz?! HELP!

      Hi everyone,

      I returned to the UK a couple of months ago. I was previously in Australia on the employer sponsorship visa 457. The Clause within this visa is that it is only valid while I currently work for the company that sponsored me.
      Upon my leaving the company, my employer explained that he is legally bound to advise the department of immigration about my choice to cease employment with them, and I have 28 days to leave the country ( i have confirmed they acted on this)
      I had thought that this process would in effect cancel the 457 visa.

      Recently I came to find that my visa had not been cancelled, ( which I needed it to be to claim my super fund) so I have followed the process in order to get the visa cancelled.
      Since the I have received my cancellation letter from the department of immigration and they have stated that due to the 28 day clause, I have breached the regulations and that if I were to try and enter Australia that I would be refused! Even thought I did leave the country within that time period.

      I need to know has anyone been in situation? If so, do you know if I should have cancelled the visa myself in this time period or whether leaving the country alone was enough? And that the wording they use in visa cancellations is just standard policy and doesn't literally mean that?

      Any advice would be greatly received!


      Thanks


    2. #2

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      Hi. I was on a 457 visa for 2/12 months and returned to the UK. I never cancelled the visa, not sure if my employer did, however a number of years on and having disclosed this I have successfully gained another 457 visa without any issues. I disclosed it on my application and on the part where you state whether you have ever had a visa cancelled I put this one and that I wasn't sure whether it had been. I think that they just mean if you try to enter on that visa again you will be refused because you no longer work for them.
      Flake likes this.
      APHRA 05/01/12,'in principle'16/02/12, IELTS 18/02/12 R 8, W 9, S 9, L 9,Overall 9.0,ANMC 29/02/12,CO 18/03/12,approved 21/05/12,175 applied 21/5/12, meds 9/6/12, (457 visa approved 30/6/12), pcc submitted 19/7/12, meds finalised 20/7/12,CO 13/8/12

    3. #3

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      Thanks very much for your help! I managed to get through to the Australian immigration department in London ( after a seriously long wait time! ) who clarified things, I was seriously worried at one stage because my OH is an Aussie. So you returned to OZ? How long did you stay in the UK before heading back? Thanks again for your advice :o)

    4. #4

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      Hi Flake
      Came back from Oz in 2005, we fly out again on 10th August! Start work on 27th Aug so hope to find somewhere to live before then! Good luck with your move, glad you got things sorted.
      APHRA 05/01/12,'in principle'16/02/12, IELTS 18/02/12 R 8, W 9, S 9, L 9,Overall 9.0,ANMC 29/02/12,CO 18/03/12,approved 21/05/12,175 applied 21/5/12, meds 9/6/12, (457 visa approved 30/6/12), pcc submitted 19/7/12, meds finalised 20/7/12,CO 13/8/12

    5. #5

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      Hi Flake,

      Would you be able to answer couple of my questions? How long will it take to cancel the 457 visa? and secondly can we submit the application to IMMI before departing from OZ?

    6. #6

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      I'm closing this thread as it is an old one. I have moved your question from another thread into a thread of its own in the migration section. If you click your user name and then 'find recent threads' you will find it.
      If I have bumped your post it is to push it back to the top of the front page so someone might see it and be able to help.

     

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