Guest beachman Posted March 2, 2010 Share Posted March 2, 2010 Hi, I came to Aus on 1st August 2009 on a working holiday visa, did some travelling and then found myself a job in Sydney. I was given a 457 stright away which was great. However, circumstances have now changed in my role and it appears that I was rather missold the role. I was considering doing some more travelling round Aus and resigning from my position. I know that if i leave, I have to be out of Aus within 28 days which doesnt really give me enough time to travel. My question is can i revert back to my working holiday visa as I technically have 4 months left on it. Did me being granted a 457 wipe out my working holiday visa? Any other ideas as how I can stay in Aus to continue travelling rather than have to leave in 28 days? I assume that if i leave, go to New Zealand and come back on a 3 month tourist visa, immigration may not let me in as they may assume Im going to try and stay permantly. Any help would be great... Thanks Link to comment Share on other sites More sharing options...
Guest Mary Cockerill Posted March 2, 2010 Share Posted March 2, 2010 Hi Beachman, Unfortunately you cannot 'revert' back to your WHV as it was superceded when your 457 was granted. You could go to NZ and try to obtain a 3 month visitor visa. If granted it is still possible for immigration to refuse you entry. I am sorry to hear that you have been 'duped' on the 457 as this visa is normally a very good visa. I understand that it is possible for an alternative company to be approved for sponsorship/nomination for you to be employed by them, so perhaps that is an option. But it would have to be done within the 28 days. Hope you come right. Regards Mary Link to comment Share on other sites More sharing options...
Guest beachman Posted March 2, 2010 Share Posted March 2, 2010 Hi, Thanks for the advice. Do you know what the process times are like for getting a skilled migrant visa? Ive looked on the skills list and luckily my skill is on the list but Ive heard that immigration has really clamped down on it now. Link to comment Share on other sites More sharing options...
Guest Mary Cockerill Posted March 2, 2010 Share Posted March 2, 2010 Hi Beachman DIAC are currently only processing applications that fall into their Critical Skills programme. WIthout knowing your circumstances I cannot tell you how long an application would take for you. The GSM programme where applicants do not have occupations on the CLS list, or do not have State sponsorship are going to be waiting 3 years minimum. Regards Mary Link to comment Share on other sites More sharing options...
Alan Collett Posted March 2, 2010 Share Posted March 2, 2010 Actually we saw a State Sponsored non-MODL subclass 176 application granted this week ... Best regards. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted March 2, 2010 Share Posted March 2, 2010 Mary DIAC are currently only processing applications that fall into their Critical Skills programme. Rubbish, bluntly. DIAC are granting visas to people whose applications are not on the CSL and whose applications are in Cat 5 every day at the moment and they have been doing so since December 2009. Alan Collett is a Registered Migration Agent who knows what he is talking about and he is right. If you are going to make sweeping statements which do not have the advantage of being factually accurate, I am going to keep catching you out and demonstrating your mistakes. So you choose. I demand VERY high standards from people who march on to PiO with claims that they are "experts" and my patience can be truly without limits at times, until I chase the foolish and hot headed not-so-expert "experts" away. Read the several threads on here about the Cat 5 visas which have been been being granted recently. Learn from Poms in Oz before you spout forth on Poms in Oz, I firmly suggest. Gill Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted March 2, 2010 Share Posted March 2, 2010 Hi Beachman Welcome to Poms in Oz. Let us start again - from scratch - with your questions and get the answers right this time, I suggest. My question is can i revert back to my working holiday visa as I technically have 4 months left on it. Did me being granted a 457 wipe out my working holiday visa? The answer to this question depends on what happened when you first got to Oz and whether the visa granted to you was the subclass 417 Working Holiday visa, which I suspect that it was. Working Holiday Visa (Subclass 417) Did you by any chance choose to spend at least 88 days in Oz doing "specified work" in Regional Oz when you first arrived, so as to be sure of securing a second year on your WH visa? You probably didn't but it is worth checking this out properly and carefully, because if you did secure that second year then the chances are that DIAC would probably let you have the second year, in spite of the intervening sc 457 visa. Please could you let me know about this because if the second year is potentially rescuable, that would be one of your options? I came to Aus on 1st August 2009 on a working holiday visa, did some travelling and then found myself a job in Sydney. I was given a 457 straight away which was great. Exactly when did you get the sc 457 visa? Again, this is important because the Minister made some important changes to the sc 457 visa on 14th September 2009: Whats New - Employer Sponsored Workers& Immigration Subclass 457 Visa Reforms - 14 September 2009 Changes Somewhere on one of the forums I am sure I read that the Minister has relaxed the old rule that says that if the role changes, a new 457 visa is required. I am 99% sure that the new deal is that the 457 visa can continue even if this happens. So I would not be too ready to accept the suggestion that your 457 visa is about to come to an end for some reason in any case. Additionally, if the employer "mis-sold" the role to you, did he mis-sell it to DIAC as well? If so, why did he do that and what would DIAC say about this notion of employers mis-selling anything to them? The Minister spent a large part of 2009 improving the integrity of the sc 457 visa - which had apparently acquired a shocking reputation. I am not aware of any suggestion that the Minister weakened the ways in which this visa is supposed to work? If I am right then how did any "mis-selling" take place? In what ways was this job "mis-sold" to you? What was the original role and in what way has it changed, please? If DIAC overlooked something that they should have spotted and perhaps nipped in the bud, I would suggest that it is important to get to the bottom of this. If the sc 457 visa should not have been granted in the first place then I don't think that DIAC would necessarily insist that you should pay any penalty prices involved. It might suit them better to scrap a mistake of a 457 visa, reinstate your WH visa and be done with it. We are only talking about a very short space of time, after all. Also, a lot of the Policy that DIAC set is not written down anywhere. Only this morning I received an e-mail from a PiO member. His facts are very unusual and because they are so unusual, the Policy guidance in relation to how he should be treated has never been written down. He got 3 different answers out of the Adelaide Skilled Processing Centre, which all contradicted and conflicted with each other. So he tried the London contact centre next. They said that they didn't know the answer (which was at least a straight anwer out of somebody) and they said that they had referred the question to DIAC's Policy section in Canberra. Where it seems to have died a death because 2.5 months later, the PiO member is still waiting for an answer....... When the query eventually made its way to me this morning, it was obvious that nobody actually knows what the answer to the guy's question is or should be. I sent the e-mail to David Wilden in London. He is DIAC's Regional Director for Europe. He doesn't know what the answer is either because DIAC's internal textbooks simply don't deal with every single situation - they only deal with the common situations, which this particular situation is not. David Wilden replied to the PiO member and I very quickly. He confirmed that he has sent the e-mail to somebody in the Policy section in Canberra and Mr Wilden says that whoever he has sent it to, they will provide some clear policy guidance for the PiO member's benefit. In an unusual situation, where the facts are unusual, it is usually the case in the public/civil service that somebody very senior has to consider the facts and decide how the situation should be handled. Having decided that bit, the senior person then has to see to it that his visa processing people - all of whom are very much more junior - then get on with it and implement whatever has been decided by the senior person. I am 100% confident that Mr Wilden will get to the bottom of the whole thing and sort out a sane, sensible solution. You can't have a civil service Department that is unable to make a common-sense, rational decision simply because the published textbook does not cover it. Junior staff always do imagine that members of the public can be left to fall into a black hole just because the junior staff can't find an answer by themselves. Senior staff are very aware that black holes and the civil service simply don't exist in the same place! The senior people can invariably sort it out and find a common sense solution to the problem that stays within the law. That is why they are senior and that is why they get paid a lot more than the junior people. Your own situation could be another one where there is no clear Policy about what to do but in that situation, Policy which is fair and reasonable in your situation both can and will be made on the hoof. In you are British then one of Mr Wilden's jobs is to help you as well. So please could you explain the whole sc 457 visa business in rather more detail, so that the rest of us can see what is what with it, please? Thanks. ************************************************************** I assume that if i leave, go to New Zealand and come back on a 3 month tourist visa, immigration may not let me in as they may assume Im going to try and stay permantly. For the time being, please forget the idea you have mentioned. Instead, please tell us what has actually happened. ****************************************************************** Do you know what the process times are like for getting a skilled migrant visa? Ive looked on the skills list and luckily my skill is on the list but Ive heard that immigration has really clamped down on it now How old are you and what is your occupation, please? Some of the skilled independent visas are being processed very quickly. Others are taking anything up to 3 years. Everything turns on your age and what your occupation is amongst other things but please could you tell me these two crucial bits first? Cheers Gill Link to comment Share on other sites More sharing options...
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