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457 issues - any comments??

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HI all.

 

I have been here in Oz/Melb for about 4 ish years with my partner.

 

I came over on the working holiday wanted to stay, so did a Occupational Visa for 2 years and I am now applying for a 457 visa.

 

The job front is excellent and the long term prospects with this company are good despite the recession. (Dental Technician). I am still young enough and have maximum points or there abouts.

 

So my problem has occoured because my boss is a slacker, too laid back. We have a HR Department which deals with staff and visa issues as we are large company with branches throughout Oz/US/Malasia etc.

 

Long story short...I end up doing my own application, decided not to use the agents as I had previously done.

 

I applied online, paid for all three sections with just two days left on my 442 visa.

 

Unfortunatly, I filled out one section incorrectly and therefore had to relodge this part after my 442 expired which meant I was given a different catorgory bridging visa plus they slapped Condition 8101 on it. No work rights.

 

That was unexpected, financially unprepared I just kept on working whilst 457 is being processed. The boss dont mind.

 

My questions are...

 

Its so far been three months, 2 weeks...is this a reasonable processing time?

 

And I have have continued to work. I need the money, bills rent, living. Will they check this as well? Does the tax department speak to the immigration department?

 

I did speak to my case officer last Monday, she says "check your inbox by friday"

Still nothing...

 

If so then I think I might be up merde creek without a paddle.

 

 

Its absolutly crazy, the stress is unbelivable, not knowing whether Im staying or going. The annoying thing is that I tried to rectify this as soon as poss, tried to change the status of the bridging visa, but my case officer:arghh:, it seems, does not give a merde ....

 

Anyway, if anyone has any experience or comments, they would be much appreciated.

 

By the way, it was a beautiful day here in Melbourne. 25 degs

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Guest EM&M

I cant comment on your personal circumstances but 457 visa's do tend to be very quick, we applied for ours in the UK and it took 5 weeks from lodging to granting so 3 1/2 months seems a long time for this catagory visa. I would be chasing your case officer first thing monday!

 

As for the working.......this could cause you a problem if you breach the conditions of your visa they can quite well cancel your 457 and make you leave. Hope that doesnt happen and good luck.

 

Em x

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cheers.

I managed to work last time whilst with an 8101 and my girlfriend did way over her twenty hours per week when she was on a student visa and she has had no probs.

But you know what they are like, its always the thing you dont remeber that they catch you up on.

I'll probably ring her on tuesday or wednesday. But for now, no news is good news.

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I managed to work last time whilst with an 8101 and my girlfriend did way over her twenty hours per week when she was on a student visa and she has had no probs.

 

Just because neither you nor your GF got caught last time, it doesn't legalise what you are now doing.

 

Btw, DIAC and the ATO now talk to each other.


Les Mighalls BDS LLB(Hons) LDS FACLM, MARA Reg. No. 0639714

Migration Assistance Australia

www.migrationassistance.com.au

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Sometimes you have to work when you are not supposed to especially when faced with the our alternative. But thanks for pointing out the obvious that it does nt legalise it just beacause we have not been caught.

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Guest Jamie Smith

You need to get professional help, and make a detailed submission. Without preeemptive action, your risks are high.

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After the mess up at work, they offered to resubmit my 457 application but then the agent who my work was using pulled out. Their reason was 'they did not want submit an application that may conflict with any applications that were previously submitted'

 

hense why its been about three months waiting for an answer.

 

At this stage, I have prepared myself for the worst and I have had enough of the stress with waiting for a decision.

 

Its in the lap of the gods. Whatever the decision made, will ultimatly end up being the right one.

 

And to seek professional help is going to eat into my savings which will be greatly needed if I am to return to the UK.

 

;-)

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Guest guest21235

This is true - one way or another you will have to explain your earnings etc eventually down the track - don't forget your boss is indictable also.

 

Have you tried visiting your nearest immigration office and changing your visa status perhaps to a 010. I asked for working rights whilst my permanent visa application was going through and it was granted but you might have to justify your reasons - your inability to afford to live should qualify you. Also, as my immigration officer failed to contact me, I didn't make an appointment; i just got there and spoke with a staff member who referred me immediately to someone else, had a quick interview and they gave me the new visa there and then. Whilst your visa is being processed it will give you full working rights. Good luck

 

P.S Forgot to mention that you CANNOT travel abroad on a visa 010. Please check http://www.immi.gov.au/skilled/skilled-workers/la/bridging-visas.htm

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my nearest immi office is the one where my case officer is. But I will call again in the morning to chase.

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