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visa 457 refusal

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Hello to everyone,

 

This is my first post, so please excuse my ignorance for instantly asking for advice.

 

Last week i got a refusal to my 457 visa. The grounds for refusal was that i wasn't on a substantive visa at the time of application.

 

I hired an agent to help me apply for this visa.

 

I went to DIAC to get advice the day after my WHV visa expired. They put me on a bridging E visa there and then. Once they done this, i went to see my agent and tell them what had happened. They were shocked. I don't know why they were shocked, as i'd said several times when my WHV expired. My agent also took photo copies of my passport pages. All the info was there. It later turned out, my agent lost part of my file. And asked for my passport again, after my WHV had expired.

 

On the E visa, my agent took payment of $2000 off me. I had no idea this E visa would lead to refusal as its not a substantive visa. Also on my refusal sheet, my agent had made up a lie as to why i over stayed my WHV.

 

I'll stop chatting on. My thoughts are, my agent should have gave me sound advice regarding the substantive visa situation. After doing some research, it now seems i was in a no win situation by lodging this visa.

 

I now have 28 days to leave. Which is not a problem, im not sure where to turn now. I dont have an issue taking responsibility of things i do wrong, but on this occasion, i feel ive not been given sound advice and lost alot of money because of it.

 

thanks B

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Hi Brent77,

 

A Bridging Visa E is *not* a substantive visa. You had overstayed your WHV and so DIAC placed you on this which is reserved for "those who are unlawfully in Australia".

 

Sorry mate but you are unlikely to get much sympathy here for having your 457 refused. DIAC did the right thing by refusing your visa considering that you never should have been in the country at the time.

 

It also makes a mockery of us who play by the rules if they were to grant you a visa considering your circumstances.


Visa-175 Ack-03/10/08 Sec. School Teacher Medicals-21/11/08 PCCs-20/11/08 CSL-Yes CO Assigned 1/5/09 Visa grant 4/9/09

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Guest sunnyday

i think the point is hes paid a fortune for an agent to sort things out and the agent has let him down, he said he'd take responsability for his actions!! Think your being a bit harsh

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Hi Brent77,

 

A Bridging Visa E is *not* a substantive visa. You had overstayed your WHV and so DIAC placed you on this which is reserved for "those who are unlawfully in Australia".

 

Sorry mate but you are unlikely to get much sympathy here for having your 457 refused. DIAC did the right thing by refusing your visa considering that you never should have been in the country at the time.

 

It also makes a mockery of us who play by the rules if they were to grant you a visa considering your circumstances.

 

I agree that wa a bit harsh, yes I think your agent has not been very helpful at all. However I do agree with the above poster that I don't think the DIAC will or should sort it out as they ahve followed the rules and it wouldn't be fair to bend them for you. However i would consider action against the agent, if they have knowingly misinformed you and taken money from you then that surely is unlawful. It would be slightly different if you were applying for a whole new visa, but they knew you were on a whv, should have known it would expire and as the lies on your application prove they were obviously were aware of this


 


Kate (34), Lewis (37), Eve (11), Rhys (7), Phoebe (5)

DH granted Citizenship by descent 30/10/09 sub class 100 visa granted 4/12, Arrived 5th Sept 13.:biggrin:

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Guest

Thanks Sunnyday. Glad you read my post properly.

 

Kyler, my issue is not the decision. I accept DIAC decision, i will leave after 28 days. As my 1st post states, i take responsibility for my visa. Your post is correct, but irrelevant.

 

I dont take responsibility for getting bad advice from a paid and registered migration agent. And i don't see why my agent having bad file management means i have to lose out.

 

Being led up the $2000 garden path is whats happened.

 

I need to read more into this, to see if i have a stance.

 

regards, B

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Hi Brent

 

Grant of the 457 visa, assuming the sponsorship and nomination was approved etc - would mainly depend on you convincing DIAC that:

 

1 you were unlawful for one day due to factors beyond your control;and

2 there are compelling reasond for granting the visa;and

3 that you substantially complied with yoru expired Working Holiday Conditions.

 

You should seek recompense from your migration agent.

You should seek more competent Migration advice in relation to an MRT application as it may be better to get the decision overturned there rather than re-apply for the 457 visa outside Australia and then have to get the 3 year bar on re-entry waived.

 

Let me know where you are in Australia and I will recommend a good local agent for you to contact. Also be careful as your MRT right may not be the same time limit as your bridging visa.

 

Regards


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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I agree my previous post was a bit harsh and missed the point of your inquiry about recourse regarding your agent.

 

I watched UK Border Protection on TV last night (I'm visiting Edinburgh right now) which certainly influenced my response! Sorry as well as I just had a guy in my youth hostel who told me his detailed scam to immigrate to the UK by using a Student Visa path while working in violation of his visa at 38 hours per week. I Was sick to my stomach.

 

So I guess I lumped you in with that too!

 

Sorry Brent! ..just so sick of hearing stories of people who feel they a right to stay somewhere even when they don't play by the immigration rules.

 

I was wrong to accuse you as you seem to be willing to accept responsibility for your actions.

 

Thanks Sunnyday. Glad you read my post properly.

 

Kyler, my issue is not the decision. I accept DIAC decision, i will leave after 28 days. As my 1st post states, i take responsibility for my visa. Your post is correct, but irrelevant.

 

I dont take responsibility for getting bad advice from a paid and registered migration agent. And i don't see why my agent having bad file management means i have to lose out.

 

Being led up the $2000 garden path is whats happened.

 

I need to read more into this, to see if i have a stance.

 

regards, B

 

gl


Visa-175 Ack-03/10/08 Sec. School Teacher Medicals-21/11/08 PCCs-20/11/08 CSL-Yes CO Assigned 1/5/09 Visa grant 4/9/09

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Guest Gollywobbler

Hi Brent

 

Welcome to Poms in Oz - albeit in difficult circumstances.

 

MARA - The Office of the Migration Agents Registration Authority (MARA)

 

In your shoes, I would go back to your agent and explain that you will be complaining to the Office of the MARA about the way the agent's ignorance of the relevant Law - and the agent's propensity for telling lies - has landed you in the predicament of wasting $2,000 AUD and being on the wrong end of an avoidable, unnecessary, should-not-have-happened visa refusal.

 

I would make it very clear that complaining to the OMARA is a promise, not a threat.

 

Explain that you now need to seek competent advice urgently in order to try to sort out the mess, so you will need your $2,000 back - here and now, whilst you stand in the first agent's office - because you will need that in order to pay a competent RMA to sort the mess out.

 

Get the money back first. Decide whether to chuck the book at the miscreant later.

 

Cheers

 

Gil

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