lukescotty Posted October 18, 2016 Share Posted October 18, 2016 Hello I'm not completely sure what the full story is. But basically my friend didn't know that his 457 visa extension had been refused due to his Agent doing a runner with his money and closing shop. He's found out today that it was refused on the 29th of September and now has 8 days to leave ( 28 days ) Hes been to DIBP in Brisbane and explained his situation and their response is you need to leave before the stated date.... which is fair enough (in their eyes). Only problem is, is he is still waiting for his passport to come.... Does anyone know whether there is any leeway due to the agent going walkies? or with the waiting of passport or what happens if he still doesn't receive his passport in time.... what can he do in order to not overstay and have a possible Ban on returning to australia in the future. Any kind of advice would be much appreciated! Kind Regards Luke Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted October 18, 2016 Share Posted October 18, 2016 I was under the impression that the 28 day rule had been extended to 90 days quite some time ago... if this is the case, that might buy some time. Quote Link to comment Share on other sites More sharing options...
blossom Posted October 19, 2016 Share Posted October 19, 2016 I think the 90 days was from a job finishing early etc, not just the visa expiring. Quote Link to comment Share on other sites More sharing options...
Bungo Posted October 19, 2016 Share Posted October 19, 2016 (edited) Yes the 90 days is notice of cancellation, but look like OPs friend visa has expired and so they are currently out of status. To opening post, whilst it is unfortunate that agent did a runner if the visa was declined it was declined whether agent did runner or not, so there was a small delay in hearing about it but doesn't change the fact that it was declined. Not having a passport is tricky though, but of course there is no such thing as a "457 visa extension", it would be a brand new visa application so surely they had a valid passport when they lodged the application? Anyway, I guess travelling on an expired passport will be fine so long as they go straight to the home country. Sounds like it is too late to worry about overstaying by the way, when someone is given eight days to leave the country I would have to assume he does not currently hold a visa and so is already an overstayer. Edited October 19, 2016 by Bungo Quote Link to comment Share on other sites More sharing options...
Samson Posted October 19, 2016 Share Posted October 19, 2016 Hello I'm not completely sure what the full story is. But basically my friend didn't know that his 457 visa extension had been refused due to his Agent doing a runner with his money and closing shop. He's found out today that it was refused on the 29th of September and now has 8 days to leave ( 28 days ) Hes been to DIBP in Brisbane and explained his situation and their response is you need to leave before the stated date.... which is fair enough (in their eyes). Only problem is, is he is still waiting for his passport to come.... Does anyone know whether there is any leeway due to the agent going walkies? or with the waiting of passport or what happens if he still doesn't receive his passport in time.... what can he do in order to not overstay and have a possible Ban on returning to australia in the future. Any kind of advice would be much appreciated! Kind Regards Luke Hey luke, When was the original expiry date of his visa? If the expiry date of the visa was before his refusal date the. He would most likely have been on a bridging visa and it wouldn't of had an expiry date until his new vis application was declined, thisnwould mean he would still be on a bridging visa and required to leave within the 28 days as already said. My only advise is he could possibly pay for a MRT and review the refusal visa this will give him more time to arrange his affairs before departing. It costs 1000 bucks and takes around a year to be given and outcome and could also be in his favour Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 19, 2016 Share Posted October 19, 2016 If he doesn't have a valid passport, he may be able to get a Bridging Visa E to cover the brief time until his passport arrives. He my be wise to speak with a new migration agent to avoid causing further issues to his visa status though. Quote Link to comment Share on other sites More sharing options...
lukescotty Posted October 20, 2016 Author Share Posted October 20, 2016 thank you very much the replies guys! I think hes going to try the MRT route tomorrow.... yep he was on a bridging visa, I got it wrong with the extension thing as it doesnt exist like you said Thanks again everyone Quote Link to comment Share on other sites More sharing options...
wrussell Posted October 24, 2016 Share Posted October 24, 2016 Was the agent involved a registered migration agent? The MRT (now the AAT) sometimes hear apparently meritless cases fairly quickly, so this is not a reliable strategy to extend a stay in Australia. Quote Link to comment Share on other sites More sharing options...
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