On Bridging A - Apply for 457/600 onshore?

[jakc]

Background

Arrived in Aus 2010 on a Student Visa.

After Uni, obtained a 485 Skilled Graduate.

Currently working for an employer in my skilled nomination.

Applied for a 457.

Unfortunstely, nomination for sponsorship was recently refused due to salary issues (long story, but legal advice has said not worth appealing)

Currently under a Bridging A (class WA) as I still have till the 1st December to appeal against my 457 decision.

I intend on withdrawing my 457 application before the 1st of December.

I believe that upon doing this, I will then be given 28 days on withdrawing, for my Bridging Visa to remain valid.

Option 1 - New 457 Application

I am currently working with my employer to potentially find another role with a simpler contract that meets the needs of a 457.

I would then need to apply for a new 457 application

Q1. Whilst on my current bridging visa, can I apply for a new 457 onshore?

 

Option 2 - Lodge a Tourist Visa (600)

The above might fall through with my employer and therefore I want to find work elsewhere in Australia.

I would then like to apply for a 6mth Tourist Visa so that I can continue to find work.

Q2. Whilst on my current bridging visa, can I apply for a 600 Tourist Visa onshore?

 

Can anyone perhaps offer some answers to my above two questions.

If anyone has any other ideas or useful advice, would really appreciate it.

I would like to avoid getting myself into any high risk categorys with IMMI by having anything refused, so want to do everything right.

Edited November 19, 2014 by jakc

[waterhyacinth666]

Background

Arrived in Aus 2010 on a Student Visa.

After Uni, obtained a 485 Skilled Graduate.

Currently working for an employer in my skilled nomination.

Applied for a 457.

Unfortunstely, nomination for sponsorship was recently refused due to salary issues (long story, but legal advice has said not worth appealing)

Currently under a Bridging A (class WA) as I still have till the 1st December to appeal against my 457 decision.

I intend on withdrawing my 457 application before the 1st of December.

I believe that upon doing this, I will then be given 28 days on withdrawing, for my Bridging Visa to remain valid.

 

If I do not withdraw it and my visa is denied, will having a visa refused make new visa applications more challenging?

 

Any insight into this would be greatly appreciated.

[blossom]

It isn't that simple I'm afraid. There are only a limited number of visas you can apply for from a bridging visa, and neither of those are ones you can. You are likely to have to leave the country and then apply.

[jakc]

 

• My employer applied for a 457.
  
• The nomination for sponsorship was refused on 10th November, with option to appeal within 21 days
  
  • I believe this means my current Bridging Visa A will be set to expire
    
  • Have been advised not to appeal, but working on some other options.
    

   

   

 

 

I am assuming that at the end of this 21 day grace period (1st December), I will be notified that I have 31 days left till my Bridging Visa expires.

Q1 - Do you concur with this?

 

If I were to withdraw my application before the end of the appeal grace period, I believe this entitles me to say that I have not had a visa refused on future applications, as its not the application they refused, but the nomination from the employer.

Q2 - Do you concur with this?

 

So, ideally, to maximise my time in Australia, I should wait till a couple of days before 1st December and then withdraw my application. I should then receive notification that my bridging visa will expire in 31 days. This will buy me valuable negotiation time with my employer/other employers.

Q3 - Do you also concur with this approach?

 

Looking for some advice from anyone out there, would really appreciate any tips or knowledge in this area.

 

:wub:

[jakc]

I didnt realise that. So I would have to apply from offshore for both?

Any ideas on best way to do this to minimise my time offshore?

[MaggieMay24]

It shouldn't given the circumstances, but a withdrawn visa application is probably a lot less explaining to do in future. Is it possible for a new nomination to be submitted (assuming your employer would fix the salary issue) so your application can still run its course?

[blossom]

Or, if you qualified for a partner visa you can apply onshore.

[Raul Senise]

Background

Arrived in Aus 2010 on a Student Visa.

After Uni, obtained a 485 Skilled Graduate.

Currently working for an employer in my skilled nomination.

Applied for a 457.

Unfortunstely, nomination for sponsorship was recently refused due to salary issues (long story, but legal advice has said not worth appealing)

Currently under a Bridging A (class WA) as I still have till the 1st December to appeal against my 457 decision.

I intend on withdrawing my 457 application before the 1st of December.

I believe that upon doing this, I will then be given 28 days on withdrawing, for my Bridging Visa to remain valid.

Option 1 - New 457 Application

I am currently working with my employer to potentially find another role with a simpler contract that meets the needs of a 457.

I would then need to apply for a new 457 application

Q1. Whilst on my current bridging visa, can I apply for a new 457 onshore?

 

Option 2 - Lodge a Tourist Visa (600)

The above might fall through with my employer and therefore I want to find work elsewhere in Australia.

I would then like to apply for a 6mth Tourist Visa so that I can continue to find work.

Q2. Whilst on my current bridging visa, can I apply for a 600 Tourist Visa onshore?

 

Can anyone perhaps offer some answers to my above two questions.

If anyone has any other ideas or useful advice, would really appreciate it.

I would like to avoid getting myself into any high risk categorys with IMMI by having anything refused, so want to do everything right.

 

Your questions are not simple ones as they will depend on the circumstances. For example, a subclass 457 visa may be possible if your have not had a visa refused and are able to satisfy Schedule 3 criteria.

 

Even with the basic information you have provided, your pathway forward will be difficult. If the same employer simply lodges a new nomination for you in a different role, it will look suspicious considering the already refused nomination. They may be better off lodging a new nomination for the same role and addressing the salary issue which caused the refusal.

 

Not a straight forward situation and one you are unlikely to find answers to on a public forum.

[Raul Senise]

Is this not the same question?

[Raul Senise]

You seem to have asked the same question three times (here and here) with different names.

 

You may have a better chance of people helping with a single post.

[wrussell]

At least one centre of excellence is currently playing silly buggers, for which they face no consequences.

[jakc]

You seem to have asked the same question three times (here and here) with different names.

 

You may have a better chance of people helping with a single post.

 

Hey Raul - thanks for your response on other question.

 

I am not the applicant (jakc), but a partner of the applicant (waterhyacinth666), and I recommended to her to use PIO, due to how much help I have had here in the past with my application.

From my experience, it was best to try to put some background into the post and then separate out questions as opposed to putting them all into one post, as easier for people to answer discrete questions as opposed to trying to find answers to a huge list of questions.

 

We tried raising questions under one account, but logging in from two laptops gave us problems, so I logged in as myself.

 

So whilst they may look like similar, I believe that each post does have differing questions about the applicants current situation.

This post we are trying to focus on understanding if we should withdraw application at the end of the appeal grace period, to maximise time in Australia to seek further negotiations with current employer or another employer. It seems like a very short timeframe already.

[jakc]

Hi Raul

 

I am not the applicant (jakc), but a partner of the applicant (waterhyacinth666), and I recommended to her to use PIO, due to how much help I have had here in the past with my application.

From my experience, it was best to try to put some background into the post and then separate out questions as opposed to putting them all into one post, as easier for people to answer discrete questions as opposed to trying to find answers to a huge list of questions.

 

We tried raising questions under one account, but logging in from two laptops gave us problems, so I logged in as myself to ask some mor ediscrete questions around her situation.

So whilst they may look similar, I believe that each post does have differing questions about the applicants current situation.

 

This post, we just want some advice/experience on the impact a refusal might have, and if it can be avoided by withdrawing application.

As it stands, the employer nomination has been refused, but the application is still open. We can appeal, but unlikely to win appeal.

 

We have already had a bit of conflicting advice from some lawyers, so wanted to see if we could get some more clarity/info from PIO.

As the refusal was to the employer nomination, we hear that this means the applicant themself has not been refused, but in order to maximise time in Australia, we would like to delay requesting for an appeal to nearer the end of the 21 day grace period.

This will give us more time for negotiations with current employer.

 

So, if a nomination has been refused, but the application has not, does this put the applicant into some sort of risk category for any future applications?

[jakc]

It shouldn't given the circumstances, but a withdrawn visa application is probably a lot less explaining to do in future.

Thanks Maggie, I agree. For future applications, I wonder if we would need to tick YES to the question about prior visa refusals, as how I understand it, the employer nomination was refused on this 457 and the applicant was not refused.

Essentially, the employer's HR department did not seek out legal assistance, along with the contract of employment being fairly complex, and resulted in a refusal that would be unlikely to appeal against.

 

Is it possible for a new nomination to be submitted (assuming your employer would fix the salary issue) so your application can still run its course?

This is another area I am having trouble understanding. Surely a new nomination would mean a new application needing to be lodged? An appeal can not provide a brand new job contract for a different position, right? Currently in negotiations with employer to find a different role with a simpler contract at the company and lodge a new application.

[Raul Senise]

Hi Raul

 

This post, we just want some advice/experience on the impact a refusal might have, and if it can be avoided by withdrawing application.

As it stands, the employer nomination has been refused, but the application is still open. We can appeal, but unlikely to win appeal.

 

We have already had a bit of conflicting advice from some lawyers, so wanted to see if we could get some more clarity/info from PIO.

As the refusal was to the employer nomination, we hear that this means the applicant themself has not been refused, but in order to maximise time in Australia, we would like to delay requesting for an appeal to nearer the end of the 21 day grace period.

This will give us more time for negotiations with current employer.

 

So, if a nomination has been refused, but the application has not, does this put the applicant into some sort of risk category for any future applications?

 

If you are on a bridging visa and the 457 visa application is refused, then you are blocked by Section 48 of the Migration Act from lodging another visa application while in Australia.

 

If the nomination has been refused but not the visa yet, you do have a window of opportunity of lodging a new nomination application and associating it with your not yet finalised 457 visa application.

 

The issue will be why the nomination was refused and if there is any way of rectifying the shortcomings of the nomination with a new application.

 

Not a simple situation but possibly rectifiable.

[jakc]

Or, if you qualified for a partner visa you can apply onshore.

 

I am actually the partner of the applicant (just posting on her behalf, as I had a lot of help from PIO in the past for my residency application).

However, we do not meet the requirements of a defacto relationship, so we do not qualify unfortunately.

[MaggieMay24]

I've heard it is possible to lodge a new nomination, and to submit a request to DIBP to "link" the already submitted visa application to the new nomination. I think this would benefit from assistance of a migration agent (e.g. Raul Senise or Westly Russell above, both who know their stuff)

[jakc]

Thats really useful info Raul.

I think this might make sense, as another lawyer (not a migration lawyer) was mentioning something similar.

 

Do you think these are wise next steps:

- Confirm with current employer that they can find me a new role (in my nominated occupation) that has a more clear cut contract that meets all the requirements of a 457 (previously failed on salary, this can be adjusted).

- Contact the IMMI agent who refused the current 457 nomination and ask if we can:

1. Lodge a new 457 application, (associating it with prior one) whilst on the BVA, whilst onshore.

2. Let them know that new nomination is a new role at same company in a similar position, but with a different contract

3. Explain that once new 457 nomination has been recieved, we would like the prior refused nomination to be closed off or made dormant and we will await processing of the new nomination.

 

Leaving the country is not the end of the world, but would prefer to make this as seamless as possible and continue working with current employer without the expenditure of leaving for an unknown amount of time.