LordLucan Posted July 26, 2014 Share Posted July 26, 2014 I have had a 457 Visa which expired in May 2014 and I left a few days before the Visa expired. I am currently in New Zealand until October 2014. I have a return flight to Australia booked when my New Zealand time runs out. Will there be any issues when I arrive back in Australia? Should I get a Business ETA before I travel back to Australia or will I be allowed in without any specific visa? Would I be able to extend my stay on a Business ETA? Thanks Dave Link to comment Share on other sites More sharing options...
Pumpkin Posted July 26, 2014 Share Posted July 26, 2014 Well yes of course there would be a problem, in that you won't have a visa. You won't be able to board your plane in fact. Why are you thinking of a business ETA - these visas are for people holding business meetings, attending conferences etc? Is that what you are coming back for? It is not possible to comment on what visa might be worth looking into as we don't know the purpose of your visit to Australia. Link to comment Share on other sites More sharing options...
blossom Posted July 26, 2014 Share Posted July 26, 2014 Yes you need a visa of some type. Link to comment Share on other sites More sharing options...
LordLucan Posted July 26, 2014 Author Share Posted July 26, 2014 Yes you need a visa of some type. I would assume that the return trip would be covered by the usual tourist ETA. And yes the return to Australia would be for the purpose of business related activities. Maybe I didnt make it quite clear. Is there any restriction on returning to Australia after a 457 expires, e.g no return within a certain period. No restrictions in my passport. Link to comment Share on other sites More sharing options...
wrussell Posted July 26, 2014 Share Posted July 26, 2014 Is there any restriction on returning to Australia after a 457 expires, e.g no return within a certain period. Not unless it was cancelled. Link to comment Share on other sites More sharing options...
Quinkla Posted July 26, 2014 Share Posted July 26, 2014 There are no restrictions on returning to Australia after expiry of a visa, but the Immigration people will want to be satisfied that you are not going to overstay or work illegally in Australia. Hence, turning up with your life's possessions, a toolkit and a stack of CVs would be unwise. But if you look like a tourist in transit with an onward ticket and a home to go to, you will probably be accepted as a tourist in transit. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 26, 2014 Share Posted July 26, 2014 I would assume that the return trip would be covered by the usual tourist ETA. And yes the return to Australia would be for the purpose of business related activities. Maybe I didnt make it quite clear. Is there any restriction on returning to Australia after a 457 expires, e.g no return within a certain period. No restrictions in my passport. Well no it wasn't at all clear. It sounded like you wanted to come back without a visa but perhaps were wondering if you should think about a Business ETA. You don't need a business ETA and a tourist ETA, work out which is more relevant for you and apply for it. What you mean by "business related activities" will determine if the business ETA is suitable, as I mentioned it is suitable for things like conferences or business meetings, but not for earning any income. Link to comment Share on other sites More sharing options...
LordLucan Posted July 26, 2014 Author Share Posted July 26, 2014 Not unless it was cancelled. Excellent. I left within the Visa time so that is good news. It would be meetings with legal team regarding upcoming court action. Thanks for your quick response everyone. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 27, 2014 Share Posted July 27, 2014 Excellent. I left within the Visa time so that is good news. It would be meetings with legal team regarding upcoming court action. Thanks for your quick response everyone. That doesn't sound like business meetings? Link to comment Share on other sites More sharing options...
LordLucan Posted July 27, 2014 Author Share Posted July 27, 2014 That doesn't sound like business meetings? maybe not but it sure aint tourism!! Link to comment Share on other sites More sharing options...
Killara Posted July 27, 2014 Share Posted July 27, 2014 Excellent. I left within the Visa time so that is good news. It would be meetings with legal team regarding upcoming court action. Thanks for your quick response everyone. That doesn't sound like business meetings? I would consider meeting with legal team to be a business meeting! This comes up quite a lot actually with 457 visas - and I am not saying that this is the case here, but just giving this example which I think @Pumpkin would agree is a business meeting: Person on 457 visa is dismissed by employer and the employee is not paid wages and entitlements due to them at the end of their employment and employee is taking unfair dismissal action against the employer and action to recover the wages and entitlements due to them (of course in these circumstances the employer should also be reported to DIBP, but this could be in addition to civil action against the employer). Unfortunately this does happen, and some employers may even do this knowing that the employee may need to leave the country and may not return. The example is a little OT though. Any meeting with a legal team to obtain legal advice should be considered to be a business meeting. Like @Pumpkin though, from the initial post, I thought the OP was asking could he/she return to Australia without any visa, and the answer to this of course is: all non-citizens of Australia require a valid visa to enter Australia. The eta is a visa. Deciding between tourism and business eta will depend on determining the primary purpose. If going to have a general holiday also and just popping in to see the legal team while in the neighbourhood, then tourist eta is probably the most appropriate. If meeting with the legal team is the primary purpose for the trip, then business eta, even if OP will then do some tourist things before leaving Australia. Link to comment Share on other sites More sharing options...
Pumpkin Posted July 27, 2014 Share Posted July 27, 2014 I would consider meeting with legal team to be a business meeting! This comes up quite a lot actually with 457 visas - and I am not saying that this is the case here, but just giving this example which I think @Pumpkin would agree is a business meeting: Person on 457 visa is dismissed by employer and the employee is not paid wages and entitlements due to them at the end of their employment and employee is taking unfair dismissal action against the employer and action to recover the wages and entitlements due to them (of course in these circumstances the employer should also be reported to DIBP, but this could be in addition to civil action against the employer). Unfortunately this does happen, and some employers may even do this knowing that the employee may need to leave the country and may not return. The example is a little OT though. Any meeting with a legal team to obtain legal advice should be considered to be a business meeting. I didn't say it wasn't, I suggested it might not be, did you see my question mark? I used that to suggest that I was uncertain. So no need for the over aggressive correction, no need for "!" Link to comment Share on other sites More sharing options...
Killara Posted July 27, 2014 Share Posted July 27, 2014 So no need for the over aggressive correction, no need for "!" Sorry if you took offence @Pumpkin. No offence was intended. I don't consider that my response was in any way aggressive. My use of the exclamation mark denotes my own amusement (as a lawyer responding to the suggestion that a meeting with a client didn't qualify as a business meeting, when such meetings are of course very much part of my business and I would have thought viewed the same way by clients. I found it amusing; I can understand that you may not have seen the humour, but I don't think you should have taken it to be aggressive. I hope this clears it up.). Using exclamation marks to denote amusement of the writer is one of the main uses of exclamation marks: http://www.oxforddictionaries.com/words/exclamation-mark (but now we are completely off topic, so let us not derail the thread). Link to comment Share on other sites More sharing options...
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