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Can I apply for 457 after onshore visa refusal


Jen135

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Hi,

 

I'm hoping somebody on here can help me, I've spoken to migration agents and Immi and I'm still so confused! I am now on a Bridging visa A after getting my 801 partner visa refused. I have appealed the decision and am waiting to hear back but currently the wait is 2 years so I would like to apply for a 457 as my company wants to sponsor me. I'm wondering if I have to apply outside of the country for the 457? And if so, how does immi know as it is an online application? I just want to do things the correct way but I've been told so many different things; hope someone has the answer!

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Hi,

 

I'm hoping somebody on here can help me, I've spoken to migration agents and Immi and I'm still so confused! I am now on a Bridging visa A after getting my 801 partner visa refused. I have appealed the decision and am waiting to hear back but currently the wait is 2 years so I would like to apply for a 457 as my company wants to sponsor me. I'm wondering if I have to apply outside of the country for the 457? And if so, how does immi know as it is an online application? I just want to do things the correct way but I've been told so many different things; hope someone has the answer!

 

How could you be on a BVA if your partner visa was refused?

 

I don't know if you are restricted on applying inside or outside the country, but they certainly will know where you are ... they are immigration ... they have the records.

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Welcome to PIO

 

DIAC know if you are in or out of the country as they hold all movement records.

 

As you have had an onshore refusal, you will likely have a Section 48 bar on applying for any further application onshore. Therefore you would need to go offshore to lodge an application and wait for a decision.

 

If you do go offshore to do this, it would be worth trying to get BVB in case your visa is not approved.

 

The only poition that this leaves you is, if your 457 does not work out, I dont think you can go back on to BVA?

 

You need to speak to a good agent, with regards to what you should do.

 

But I dont know if I would go offshore to lodge another TR visa application.

 

DO you think you will be successful at the MRT?

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