sikku Posted September 18, 2014 Share Posted September 18, 2014 Hi. I have applied for 457 which was rejected February 2014. Now I m on MRT. Is it possible to to apply for 187 visa? If yes then it can be onshore or offshore. ? Could you please explain. Thanks Quote Link to comment Share on other sites More sharing options...
blossom Posted September 18, 2014 Share Posted September 18, 2014 You can't apply onshore. There are only a certain number of visas you can apply for while on the bridging visa. The 187 isn't one of them. Have you cleared up the issues for the refusal? Quote Link to comment Share on other sites More sharing options...
sikku Posted September 18, 2014 Author Share Posted September 18, 2014 No my mrt file hasn't open yet. But I have to leave country and can I come back? Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted September 18, 2014 Share Posted September 18, 2014 No my mrt file hasn't open yet. But I have to leave country and can I come back? You can come back if you have a visa? What visa are you on now? Why are you appealing the 457 decision? Are you appealing because you think proper process was not followed, or are you just appealing because you want a visa and didn't get it? Quote Link to comment Share on other sites More sharing options...
sikku Posted September 18, 2014 Author Share Posted September 18, 2014 I just want tge visa but I didn't get it. Now I m in bridging visa A. But if I applied for 187 I have to leave the country and is it possible to come back? Thanks Quote Link to comment Share on other sites More sharing options...
Visa Law Posted September 18, 2014 Share Posted September 18, 2014 (edited) You can make an onshore application for a 187 while holding a bridging visa A, B or C, provided that you are not prevented from making an application by section 48 of the Migration Act. The reason you cannot make an onshore application in these specific circumstances is the combined effect of a) not holding a "substantive visa" (a visa other than a bridging visa) and b) the refusal of the 457. You are what is commonly referred to as "section 48 barred" from making a further onshore application for any visa other than a partner visa or protection visa. This distinction is important, particularly if parts of this thread are read out of context by other users - if you held a bridging visa A (BVA) but had not had a refusal or cancellation then an onshore application would be possible. It is possible to leave and make an offshore application for a 187 and then come back onshore - provided you are able to obtain a bridging visa B (BVB). However, you should carefully consider the reasons for the refusal of the 457 in the first place. If they relate to the suitability of your training and/or experience, these issues will inevitably arise again with a 187 application and you may be wasting the (at least) $3520 application fee. If you leave without a BVB, you will have no visa to come back on. Unfortunately, there is no guarantee of being granted a BVB. You need to have "substantial reasons" for travel. This provision may be interpreted more strictly if you are awaiting merits review (i.e. the MRT) than if you are waiting for a Departmental level decision. Wanting to make an offshore application for another visa in order to get around section 48 is unlikely to be seen as "substantial" by itself. Edited September 18, 2014 by Visa Law Quote Link to comment Share on other sites More sharing options...
Visa Law Posted September 18, 2014 Share Posted September 18, 2014 There is further information on BVBs and how to apply on the DIBP website: http://www.immi.gov.au/visas/Pages/020.aspx Quote Link to comment Share on other sites More sharing options...
blossom Posted September 18, 2014 Share Posted September 18, 2014 I just want tge visa but I didn't get it. Now I m in bridging visa A. But if I applied for 187 I have to leave the country and is it possible to come back? Thanks For what reasons did you not get the visa? Quote Link to comment Share on other sites More sharing options...
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