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457 renewal issue


Guest LoveOZ

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Guest LoveOZ

Hi everyone,

 

I have been working in Australia since last 4 years on a 457 visa, which got expired on 12th April 2011. Now before that happened, my employer filed an application to renew my 457 visa, this was done on 9th Feb. Till date the application hasnt been finalized and I am a little worried abt it.

 

Thing is that the case officer asked for my engineering degree certificate color copy a couple of weeks back. I had done my engineering from a private college which is not recognized here in australia. But I had used the same qualification when I had applied for 457 in 2007, and I had got this visa without any issues.

 

My question is, is it possible that my visa could get rejected this time around because of this degree from private college which is not recognized here in australia? I have been working with the same company for last 6 years and out of that 4+ in Australia. Can my application be refused?

 

Also, if the application gets rejected, can I apply for a 856 visa (PR) now? On the basis that I have been working in australia for more than 4 years? I was told by an immigration agent that I dont have to go through ACS since I have enough Australian work experience. Is this correct? But that catch there is that I had to apply for PR while being on a eligible work visa, but now I am on bridging visa since 457 is expired and the new one is in process. Is this a problem?

 

Can you guys please advice what possible and whats not?

 

Thanks!

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Hi,

 

Just wondering why you left it so late into your 457 to apply for perm res?

If your qualifying visa expires you have to lodge within 28 days from the date of expiry for your application to be valid by the looks of it.......

 

 

Qualifying Visas

 

If you are applying in Australia for the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS), you must be the current holder of a qualifying visa.

 

If you do not currently hold a qualifying visa, you may still be eligible to apply if you last held a qualifying visa no more than 28 days prior to lodging an application.

 

The following qualifying visas apply to the ENS and RSMS:

 

Business (Temporary) Class TB

Cultural/Social (Temporary) Class TE

Educational (Temporary) Class TH

Family Relationship (Temporary) Class TL

Interdependency (Temporary) Class TM

Medical Practitioner (Temporary) Class UE

Special Category (Temporary) Class TY

Supported Dependant (Temporary) Class TW

New Zealand Citizen (Family Relationship) (Temporary) Class UP

Skilled-Independent Regional (Provisional) Class UX

Subclass 457 - Business (Long Stay)

Working Holiday (Temporary) Class TZ

Student (Temporary) Class TU (where the award course at diploma level or above for which the current student visa was granted has been completed by the visa holder)

Confirmatory (Temporary) Class TD

Graduate-Skilled (Temporary) Class UQ

Subclass 161 - Senior Executive (Provisional)

Subclass 164 - State/Territory Sponsored Senior Executive (Provisional)

Skilled (Provisional) Class VC

Skilled (Provisional) Class VF.

The following additional visa qualifies for RSMS only:

 

Subclass 471 Trade Skills Training (where the apprenticeship for which the visa was granted has been completed by the visa holder).

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