crazy8 Posted September 25, 2016 Share Posted September 25, 2016 Hi, My 457 visa is soon to be cancelled (or at least it should be as nearing 90 days without a new sponsor). Has anyone experience staying on using a new visa? I currently have a lodged PR but that visa won't come through for another 2 months most likely. I have thought about applying for a student visa as it would also help improve my CV and would allow me to stay legally in Australia. Has anyone done this? Can I apply for and be granted a student visa while still on the 457? Will the student visa come into effect if and when the 457 is cancelled? I don't want to be illegally in Australia at any time. Quote Link to comment Share on other sites More sharing options...
QLD1872015 Posted September 25, 2016 Share Posted September 25, 2016 (edited) <p> If your 457 is cancelled you will become illegal whether you want to or not. i was on a 457 as defacto, as we split I lodged a student visa and also informed Immi of my request to cancel my 457. My bridging visa wasn't in effect as my 457 still was and my student visa was unable to be processed because of my 457 still being current I was told. Once my 457 was cancelled so was my bridging visa leaving me illegal with no other option than a bridging visa E. I was lucky to get work rights as I wasn't doing anything wrong just cancelling my visa due to a relationship breakdown however I had no travel right or option to apply for another visa if my student visa was denied. I think the only options are Aussie partner visa, medical treatment visa or asylum visa none of which I was eligible for. Luckily once my 457 was cancelled around three weeks later my student visa was granted. Just thought I would share how it worked for me</p> Edited September 25, 2016 by QLD1872015 Quote Link to comment Share on other sites More sharing options...
QLD1872015 Posted September 25, 2016 Share Posted September 25, 2016 It also took a lot of requests for it to be cancelled they didn't just automatically do it. it was a lot of persistence on my part Quote Link to comment Share on other sites More sharing options...
crazy8 Posted September 25, 2016 Author Share Posted September 25, 2016 (edited) That's very helpful! Sounds like a bummer. Did it take long to get them to cancel your visa? Could you get it cancelled by simply calling up? In that case, I might look to leave the country, push for the 457 to be cancelled, apply and wait for student visa approval, then re-enter Aus with teh student visa. Did having spent time as unlawful in Australia impact any future visa appliactions, e.g. PR application? Edited September 25, 2016 by crazy8 Quote Link to comment Share on other sites More sharing options...
crazy8 Posted September 25, 2016 Author Share Posted September 25, 2016 Just seeing your second response now, hmm. So lots of phone calls to get it cancelled it sounds like. Quote Link to comment Share on other sites More sharing options...
QLD1872015 Posted September 25, 2016 Share Posted September 25, 2016 <p> That's very helpful! Sounds like a bummer. Did it take long to get them to cancel your visa? Could you get it cancelled by simply calling up? In that case, I might look to leave the country, push for the 457 to be cancelled, apply and wait for student visa approval, then re-enter Aus with teh student visa. Did having spent time as unlawful in Australia impact any future visa appliactions or are you still on the student one currently? it was quite the bummer. tbh it took contacting the student visa processing centre two months later once I actually realised my bridging visa wasn't in effect(read the bridging visa grant letter after wondering why it was taking so long to hear back) who then contacted the correct department who first contacted me by phone. My ex partner was also in contact with them sending various emails but nothing ever happened just kept fobbing him off to another email address. no I think it must be done by email as they then have to send you an intention to cancel notice which you have a choice to respond to. the only impact is seems to have made is resetting my clock for citizenship. I went on to cancel that student visa so I could move and begin work for my permanent visa sponsor. It has been a complicated road. if you call they will give you the right email to contact don't think I can post it on here</p> Quote Link to comment Share on other sites More sharing options...
QLD1872015 Posted September 25, 2016 Share Posted September 25, 2016 Just seeing your second response now, hmm. So lots of phone calls to get it cancelled it sounds like. no lots of emails but that's when it was changing to the new name Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted September 25, 2016 Share Posted September 25, 2016 Getting a student visa may be difficult if you have a PR application in process, since the student visa typically has a Genuine Temporary Entrant criteria meaning you agree that you intend to leave Australia upon graduation. The PR application obviously indicates your intention to remain in Australia. If DIBP plans to cancel your 457 visa, they would first notify you of this giving you time to comment. If this happens, you could point out that you have a PR application in processing and respectfully ask that they hold off on cancellation until the PR application is finalised. They may allow this, although you still cannot work unless you find someone to pick up the nomination of your 457 that's still in effect. Quote Link to comment Share on other sites More sharing options...
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