Sara8 Posted March 7, 2015 Share Posted March 7, 2015 Hi all, I apologise in advance if this has already been asked. I had a 457 visa granted in October 2012 which is still showing "in effect" on my immi account. I believe, as I have been back in the UK for the last 2 years this visa has now ceased? Therefore I need to start from scratch and apply for a new one? My sponsor is in the process of sorting my nomination, my question is do I need to contact DIBP to ask them to cancel my previous visa? (I believe my previous employer notified DIBP when I left and I departed Australia straight away at the time). Also when can I start applying for the 457, do I have to wait for my nomination to be approved before I can lodge application? Thanks in advance. Sara Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 7, 2015 Share Posted March 7, 2015 Don't worry about the previous 457. If everyone did the right thing by notifying DIBP that you were no longer employed, it's just their system that isn't up to date. The grant of any new visa will automatically cancel the 457. You don't need to wait for nomination approval before lodging your 457 visa application. The downside to not waiting until it is approved is that if the nomination is denied, you lose your 457 VAC but it's up to you to decide if you want to risk it. Anecdotally, it seems that the overall process is faster if both are lodged together but you need to weigh that against the possible risk. Link to comment Share on other sites More sharing options...
Sara8 Posted March 7, 2015 Author Share Posted March 7, 2015 Thanks for your reply Ozmaniac. Probably a silly question but if I am supposed to lodge the visa application and my employer does the nomination part how can they both be lodged at the same time? I am willing to risk lodging at the same time as I have a potential start date with my employer which is in 3 months time, the only thing holding me back is that I am awaiting my registration to go through with AHPRA too other than that I have all my other documents I would just need to sort my medical and I believe a police check this time? I really don't want to lose my job offer by making my employer wait too long. Cheers Sara Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 7, 2015 Share Posted March 7, 2015 If you'll be lodging the 457 by yourself without using the employer's agent, ask the employer (or their agent) to advise you of the nomination TRN and then get your application in as soon as you have it. Link to comment Share on other sites More sharing options...
awelter Posted March 8, 2015 Share Posted March 8, 2015 Not necessarily the VAC is lost. In case a nomination is refused and a 457 visa application is withdrawn as a result, the VAC should be refunded. Regulation 2.12F(2)(f) states that the first instalment of a VAC in relation to an application for a visa listed in regulation 2.12F(2B)-incl.457- must be refunded if the visa application was withdrawn because there was not an approved nomination that identified the visa applicant. Link to comment Share on other sites More sharing options...
Sara8 Posted March 8, 2015 Author Share Posted March 8, 2015 Thank you for the info :cool: Link to comment Share on other sites More sharing options...
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