457 Appeal issue

[jakc]

My employer lodged a nomination which recently got refused.

My employer has lodged an appeal for this with MRT.

As the applicant, my current 457 is pending, but have just been informed:

 

The 457 visa application cannot be successful if there is not an approved nomination for the visa applicant.

Taking the nomination refusal to the MRT does not create a mechanism for keeping the applicants 457 visa application active and continuing her bridging visa.

The only time that MRT causes this situation is when a visa applicant has taken their visa refusal to the MRT for review.

 

 

Was not expecting this. Was under the assumption that the nomination appeal would cascade down to my 457 visa application and I would be able to stay until this appeal had run its course.

 

The following options that I have been given :

 

1) provide comment and evidence that they have a new nomination under consideration;

2) provide a written request to withdraw the visa application;

3) or provide any other comment or information in relation to the adverse information.

 

With it being the Xmas break, my HR department are on leave, so 1) is unlikely.

2) is fairly straightforward.

3) I am not entirely sure what this entails or what to respond with?

 

Not the best pre-xmas news, would really appreciate any tips or help.

[wrussell]

It is possible that you will have a reviewable decision if your visa is refused, it is also possible that you will not. May I suggest that you consult a registered migration agent?

[jakc]

Are not all applicants able to appeal to the MRT after a refusal?

If I am refused and cannot appeal, would this jeopardise future visa applications that I may take out?

[wrussell]

Are not all applicants able to appeal to the MRT after a refusal?

 

Far from it.

 

For valid applications lodged in Australia and for nominated/sponsored applications (and in some other cases) the applicant and the nominator/sponsor, respectively, usually have merits review rights after a refusal or cancellation. In some cases the whereabouts of the applicant is important and 457 cases there are other possible complications.

 

Judicial reviews are possible, but only on points of law, not the merits of a decision.

 

You might want to search MIGRATION ACT 1958 - SECT 338 for further particulars about merits reviews.

 

There is much more to it than this and just because a review rights exists, it does not follow that seeking a review is a good strategy.

 

If I am refused and cannot appeal, would this jeopardise future visa applications that I may take out?

 

If you were not refused on health or character grounds, there would probably be no issue.

 

Best of luck with whatever you decide to do.

[Parley]

It has been alleged that 90% of 457s are fraudulent, so I think the departments are starting to crack down on these visa applications.

[VERYSTORMY]

I would suggest you speak to a good agent such as wrussel who has posted.

[jakc]

Thanks everyone for the advice.

After some thinking this weekend, assuming my employer cannot submit a new nomination early next week, I am going to withdraw my application.

From here, I am then going to apply for a subclass 600 tourist visa - I believe this can be done onshore and I do not need to leave to apply (looking into this) on my current bridging visa.

This then gives me time to start selling my stuff, saying bye to friends and perhaps get some travel in before leaving.

I am 5mths into a relationship with a resident, so might start looking at that as an option for the future.

[wrussell]

After some thinking this weekend, assuming my employer cannot submit a new nomination early next week

 

Have you confirmed your eligibility to lodge another 457 application?

[jakc]

Have you confirmed your eligibility to lodge another 457 application?

 

The prior 457 was refused based on the employer nomination.

This was due to an issue with the contract not meeting the required annual salary and the fact the contract was draft (complex, was a work contract for an entire workforce and not finalised)

If I were to somehow find the right people next week (unlikely, HR are not around), then a new nomination could be lodged with the finalised contract which also has a higher salary attached to it.

[blossom]

Thanks everyone for the advice.

After some thinking this weekend, assuming my employer cannot submit a new nomination early next week, I am going to withdraw my application.

From here, I am then going to apply for a subclass 600 tourist visa - I believe this can be done onshore and I do not need to leave to apply (looking into this) on my current bridging visa.

This then gives me time to start selling my stuff, saying bye to friends and perhaps get some travel in before leaving.

I am 5mths into a relationship with a resident, so might start looking at that as an option for the future.

Are you actually on the bridging visa yet? Meaning, your previous visa has already expired? If so you may have issues applying for a tourist visa. There are very few visas you can apply for while on a bridging visa.

You really should invest in some advice from a migration agent.

[jakc]

Yes, im on a Bridging A visa

This has been in effect since my original 485 expired (Skilled graduate) and my 457 application was lodged.

 

Just read on the IMMI Site:

If you are in Australia you can apply for the Tourist stream of the Visitor visa onlineprovided you currently have a valid visa that does not have condition 8503 imposed.

 

Looking through my Bridging Visa document, I see no reference to 8503, but will need to do some more digging.

 

Am considering an immigration lawyer, some prior quotes and actual misinformation have put me off a bit, as I do not have a lot of money.

 

 

 

Just heard back from HR and might be able to get one of them to open up the office tomorrow morning...