LilSmiler Posted September 3, 2014 Share Posted September 3, 2014 Hey everyone, I'm currently on my second student visa studying Business Management. Whilst working part time my company have decided to sponsor me. I am going through a lawyer and the company have just been approved to sponsor people. My lawyer is just about to submit my personal nomination but i'm just quite concerned (to the point it's making me a bit sick with worry ) Basically, I have failed this semester (haven't handed assessments in). Is this going to impact on me getting my 457 or is it seperate? Please someone give me some positive news because I'm driving myself crazy! Thanks Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 3, 2014 Share Posted September 3, 2014 It's quite possible your student visa will be cancelled, but there's no telling how long the school will take to get around to doing that. Keep your fingers crossed that your 457 is approved before that happens. If your student visa is cancelled AFTER your 457 application goes in but BEFORE it is approved, you'll have to go to Immi and get a Bridging Visa E to keep you in the country until your 457 is approved. This has no work rights, no study rights and no travel rights (and no ability to apply for travel rights. You can apply to be able to work if you can demonstrate serious financial hardship, but it's not a guarantee). Once your 457 is approved, it will override whichever visa you are on - student visa or BVE - and you'll be able to work for your employer. The student visa being cancelled may not keep you from getting your 457, but you will want to talk to your migration agent/lawyer if your student visa is cancelled before your 457 is approved, as you may need to submit something additional to Immi. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 Thank you! I'm basically worried immigration will see I have failed/my school will report me and they will deny my 457. I'm not overly worried my student visa will get cancelled because there has always been the option to retake in the past (at an additional fee of course). Not sure if I'm making sense lol. I'm just being paranoid because i'm so stressed out with it all! My lawyer will be launching my nomination on Friday this week, do you know roughly how long it takes? This semester is up at the end of next week, with a four week break, term commencing again around the third week in october. Thanks again for your help Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 3, 2014 Share Posted September 3, 2014 No, I don't personally know how long 457s are taking these days. I don't believe schools report your grades to Immi, they just cancel your visa if you quit/flunk out (as far as I know!) Partner visas are more my thing, so hopefully other people will come along and confirm. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 I hope they wouldn't be that harsh to cancel my visa after failing a term ahh this is such a horrible feeling! Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 They have to report if your attendance goes below 80%. Then you go for an interview with immigration. Just for failing a bit of your course no, as you say, they let you retake it. I'm guessing you don't need this qualification for the 457? Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 Thanks Blossom. My attendance has always been about 75% but never got in trouble.. had warning letters from school but when it came to meetings and things nothing happened. Well I completed most of the subjects in Cert 2, completed all of cert 3, most of cert 4, and this is the first semester of the diploma but i have sent my lawyer what i've done so far and he hasn't mentioned anything else. I'm just freaking out as i didn't submit one assessment this term so basically have done nothing for 8 weeks. If worse came to absolute worse and i did lose my student visa before my 457, could i leave the country and come back? everyone I've asked says i'm over thinking it and being paranoid because i'm so stressed but i don't know Thanks again for your post. Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 3, 2014 Share Posted September 3, 2014 If you lose your student visa and had already applied for a 457, like I said, you'd go apply for a BVE. Do NOT leave the country if that happens - if you did, you'd likely incur a three-year ban on applying for temporary visas, which would include the 457. Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 So you don't need your qualification you are doing for the 457? Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 What if my student vids gets cancelled before my 457 gets lodged? no blossom, my 457 is based on experience not qualifications. It just so happens I picked that course 2 years ago Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 My course doesn't finish until jan anyway so I wouldn't complete it Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 If your student visa gets cancelled before the 457 is applied for then you must leave the country. It isn't a quick process though. You go for interviews etc. Why not save yourself the stress and just do some more of the work? Your 457 is not guaranteed, best to keep your options open. Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 Ps, that's coming from someone who came on a student visa, was told sponsorship wouldn't be a problem, and then when we tried to apply for the visa (with an agent who had been confident) all of a sudden it couldn't be done. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 It's too late now. I'm at the end of the semester. Sorry what do you mean by go for interviews? thanks so much for your help Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 If I don't get the 457 I will go home, not continue on the student visa it's a waste of time Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 Hopefully it just won't get cancelled and if anything gets said I can just say I will retake Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 I mean immigration don't just cancel a student visa. They call you into their office to discuss why you are not meeting the requirements etc. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 Ah I see, well that's slightly more reassuring I guess Link to comment Share on other sites More sharing options...
CollegeGirl Posted September 3, 2014 Share Posted September 3, 2014 They'd give you 28 days to leave or apply for another type of visa. I'm not sure whether you'd incur a ban on applying for temporary visas for three years if you left in that case or not. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 So say I lost my student visa before the 457 was lodged, I'd have 28 days to apply for the 457, is that right? sorry I'm so dumb on this. Thank you Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 You wouldn't be able to get bridging visa a if that happened. Best apply for your 457 ASAP. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 So I wouldn't have 28 days to apply for 457 if my student visa got cancelled? this is so confusing lol. my boss is paying the final fees on Friday so the lawyer can submit it all early next week I guess. Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 You could apply whenever you like. It's if you end up needing to leave the country which is the issue. Link to comment Share on other sites More sharing options...
LilSmiler Posted September 3, 2014 Author Share Posted September 3, 2014 But I thought college girl said if your student visa gets cancelled you have 28 days to leave or apply for another visa? Link to comment Share on other sites More sharing options...
blossom Posted September 3, 2014 Share Posted September 3, 2014 But I thought college girl said if your student visa gets cancelled you have 28 days to leave or apply for another visa? You would only get bridging visa E. You really don't want to be on that visa. You can't work, leave the country etc. Link to comment Share on other sites More sharing options...
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