::: 457 issues :::

[Guest deejosh]

Hi,

 

I applied for subclass 457, and I also have a sponsor who offered me a job...

but unfortunately my application is refused...I dont know what to do now, is there any way out ?

 

It says in the email that its a REVIEWABLE DECISION - ONSHORE APPLICANTS

 

Reason given to me were :

 

 

457.223 (2): The applicant has not been nominated by a party to a labour agreement. Therefore, the applicant does not satisfy the criteria of this subclause.

 

 

457.223 (3): The applicant has not identified that he is to be employed in relation to a Regional Headquarters Agreement. Therefore, the applicant does not satisfy the criteria of this subclause.

 

 

457.223 (4): The applicant has not been nominated by an employer who is an approved business sponsor. Therefore, the applicant does not meet the criteria of this subclause.

 

 

457.223 (5): Under Schedule 1 of the Migration Regulations, applications which are lodged in Australia are invalid if the applicant proposes to be employed in Australia by an employer who does not operate a business in Australia (ie. an Overseas Business). As the application was lodged in Australia, an application under this subclause is invalid and cannot be assessed.

 

 

457.223 (7): Under Schedule 1 of the Migration Regulations, applications which are lodged in Australia are invalid if the applicant intends to develop in Australia a business activity that will be conducted by the applicant as a principal (ie. as an Independent Executive). As the application was lodged in Australia, an application under this subclause is invalid and cannot be assessed.

 

 

457.223(7A): Under Schedule 1 of the Migration Regulations, applications which are lodged in Australia, are invalid if at the time of application, the applicant did not hold a Subclass 457 [business (Long Stay)] visa granted on the basis that the applicant was an independent executive. The applicant has not identified that he is the holder of a Subclass 457 visa granted on the basis that the applicant was an independent executive. Therefore, an application under this subclause is invalid and cannot be assessed.

 

 

457.223 (8): The applicant has not declared that he proposes to enter Australia as a service seller and has not provided any evidence to show that he meets the criteria of this subclause. Therefore, the applicant does not meet the criteria of this subclause.

 

 

457.223 (9): The applicant has not declared that he is a person to whom privileges and immunities are accorded under the International Organizations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995 and there is no evidence before me to suggest that he is such a person. Therefore, the applicant does not satisfy the criteria of this subclause.

 

 

457.223 (10): A party to an Invest Australia Supported Skills Agreement has not nominated the principal applicant. Therefore, the applicant does not satisfy the criteria of this subclause.

 

 

As the applicant does not satisfy any of these subclauses I find that the applicant does not satisfy the criteria at Migration Regulation 457.223 of Schedule 2 of the Migration Regulations.

 

 

As the applicant does not satisfy Migration Regulation 457.223 he does not satisfy all the requirements for the grant of a visa subclass 457. Therefore, I have not assessed the applicant against the other requirements for this visa.

 

 

PLEASE GUIDE ME AND SUGGEST ME A WAY OUT

 

I am really upset and sad and really distressed ....please help

 

 

Thanks & Regards,

 

Josh :cry:

[Guest JoanneHattersley]

Did you have an agent helping you through this? have you spoken to them?

 

Sound slike you need some sound advice. You will get people advising you on here but you need some firm advice from someone who knows the ins adn outs.

[sami 190]

Josh, it looks like the company that was meant to sponsor you has not sent in an Nomination application, did they give you a nomination number to put on your application? As soon as they put that in, they get a number straight away and you must link your application to that number. We have just submitted our this week.

[ali 16,175]

I was going to say I don't know enough about the visa, but did thing that the person offerring the job has to complete paper work first before you can apply. It looks like you've applied before the sponsor has applied and been approved, so they didn't have a job offer to link it to

 

Ali

[Guest deejosh]

I have an agent, he is the one who prepared all the documents and sorted out everything. I gave him whatever he asked for right from financial year statements to 6-7 yrs experience letters.

 

Now the agent has forwarded me an email which says that the visa application has been refused and has attached a MRT document to it.

 

Isnt there any other way besides applying for MRT ?

I am on Bridiging Visa A right now....

 

Here my questions are :

 

1) What possibilities I have to sort this out and avoid MRT ( MRT is an endless process for over an year I guess sometimes)

 

2) can I prepare a fresh application again from the same company ?

 

 

I am just lost and I dont know how to resolve this matter. .I have a meeting with my immigration agent on Tuesday anyhow. But this time I wana be more prepared and go with all the paper work so that there is no refusal anymore. I think my agent did mess up somewhere ....

 

Please suggest or guide me ...

 

 

 

~ Josh

[Guest Gollywobbler]

Hi Josh

 

Welcome to Poms in Oz.

 

It is impossible for anyone to suugest anything without knowing the facts leading up to the application.

 

What is your own visa history, please?

 

Then pease tell us what job your going to hired and sponsored for, and where you are going to be located.

 

Then we can start trying to make a bit of progress with working out why teh visa has been refused.

 

Cheers

 

Gill

[dudleydog 10]

can anyone help? I have lodged my 457 e-visa. I managed to get my medical/x-ray done and it appears to have been recieved however my hubby is on my visa and obviously needs to get a medical too but I cannot access medical referral letters for him. I have e-mailed the dept at NSW but have not had a reply yet. Help!

[Guest Gollywobbler]

can anyone help? I have lodged my 457 e-visa. I managed to get my medical/x-ray done and it appears to have been recieved however my hubby is on my visa and obviously needs to get a medical too but I cannot access medical referral letters for him. I have e-mailed the dept at NSW but have not had a reply yet. Help!

 

HI DD

 

What do you mean by "medical referral letters" for Hubby, please? Are you sure that he has been included in your application for the 457 visa?

 

Puzzled

 

Gill

[dudleydog 10]

HI DD

 

What do you mean by "medical referral letters" for Hubby, please? Are you sure that he has been included in your application for the 457 visa?

 

Puzzled

 

Gill

 

After applying for my visa online, I was able to access and return to my application to check its progress. The medical referral forms were available for me to print off and take to my medical so the panel doctors could input my results online, they have my trn number, passport number and test required on it.

Under my name, when checking my progress I can see that immigration have recieved my results, but under my hubbys name there is nothing. I have a list of things I can click on under my name but my hubby has nothing. I know he needs to get them done just not sure how to do it now as he wil need the same forms with his details so the info can be processed quickly.

 

:twitcy: