# 457 & 417 visa application



## monopunkdave (Jul 20, 2012)

Hey i'm new to the forums and quite anxious to get my issues viewed by people with experience in these areas.

I have been sponsored for a 457 working visa and the application has been lodged and should be granted in the next few weeks (fingers crossed) however the company are looking for me to start working for them on the 1st august so on Tuesday (20th July)my partner and I applied for a 1 year working holiday visa to get us over there and bridge the gap while the 457 is being processed. My partners one year holiday visa was granted within 24 hrs but 72 hrs later I am still yet to hear anything, we are flying to dubai on Monday for 5 days then on too oz but obviously I'm going to run into problems if I get to oz with no visa granted.

Has anyone experienced a similar problem and if so is there any reason why my application would be taking longer, I called the visabureau back but they could only really say 'your application is still being processed'

Any help appreciated

Dave


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## Guest (Jul 21, 2012)

Some people get it within a few hours others within a week. Unless you declared a string of convictions or a serious medical condition don't worry about it, it will come. But I wouldn't advise flying to aus until you have it. They won't let you in and will put you on the first plane out, that's if the airline even let you board because they get huge fines and are responsible for flying you home if they fly you in without a visa. But you have 5 days hols first so should have it by then.


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## Maz25 (Jul 6, 2008)

This is the completely wrong way to go about things. Immigration can see every single visa application that you have ever made in the system and whilst you have a 457 visa application pending, it always raises a lot of questions about your motivations if you apply for another visa, particularly visas that are aimed at tourists/ holidaymakers/ travellers.

Bear in mind that you have also applied offshore, so you cannot be onshore when the visa is granted. That would require you to pay for a ticket to exit the country and then come back and additionally wait for the case officer to go back to your case and issue the visa.

Your new employer should know better than to ask you to do something that could potentially jeopardise your new visa (and other future visas) if questions are raised. If immigration feels that you are not a genuine holidaymaker (which is always a possibility when you have a 457 visa pending), they can turn you away at the airport and impose a 3 year visa ban on you.

I cannot find the link now but I was sent the same by new employer when I used to be on a 457 visa and it contained an immigration link with a clear warning against doing what you are suggesting.

Wait for your visa to come through and then you can move to Aus with the knowledge that you've followed all the rules and that things will run smoothly at immigration. 457 visas are normally issued in anything from 24 hours to 3 weeks. A lot of it would also depend on whether your employer has completed their part of the process as your 457 visa can only be granted when the business sponsorship and nomination have been approved.


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## Guest (Jul 21, 2012)

Oh crikey I didn't know that Maz. I've seen people go out on a WHV to show off skills to potential employers then apply onshore for the 457. I assumed, wrongly, that this was the same. That will be why the GF visa came back quick if she's not the 457 main applicant!


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## Maz25 (Jul 6, 2008)

_shel said:


> Oh crikey I didn't know that Maz. I've seen people go out on a WHV to show off skills to potential employers then apply onshore for the 457. I assumed, wrongly, that this was the same. That will be why the GF visa came back quick if she's not the 457 main applicant!


It's ok to go to Aus on a 417 visa and then seek sponsorship when you get there but doing it the other way round could lead to trouble. Plus, once you are in Australia, you can apply onshore but immigration does not allow someone to be onshore if they stated that they were offshore when they applied for their visa. I had to leave when I was granted PR as I had applied offshore so could not be in Australia when the visa was issued.

A lot of employers actually start the visa process at the last minute and then expect new employees to come over on a tourist visa or a working holidaymaker and the fact that the 457 visa application exists in the system can create problems as it straightaway implies that the person is not a genuine tourist.
The actual 457 visa does not take that long but some employers tend to only start the process of registering as a business sponsor at the eleventh hour and that pushes out the whole process to a few months. The nomination and 457 visa can be applied for in parallel, so that's why if the company is already an approved sponsor, most people get their visa in less than a month.

I would say that if an employer makes such a request, the employee should refuse to play along as ultimately, nothing happens to the employer if the employee is caught and put on the next flight home but for the employee they are left with a 3 year visa ban, which is certainly not what they want and immigration will only lift that ban under exceptional circumstances such as having family members in Australia or being married to an Australian.

Plus, for the other person, you just never know with 457 visas - sometimes it works out and sometimes it does not and being able to apply for a 417 visa when you are onshore could be a blessing if things do not go as planned as it gives you an extra option and does not put the usual pressure to find a new sponsor in under a month. With a 417 visa applied for, you'll effectively be wasting that visa even if you only use it for a few days as you won't be able to get another one should you need it.


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## Amondsham54 (Jul 18, 2012)

thanks everyone for making comment.


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## monopunkdave (Jul 20, 2012)

I told the person in the visa bureau exactly why I was doing this and they never mentioned anything about this not being allowed and I have the email from the migration agent working on my 457 visa application which specifically told me to apply for a 1 yr working holiday visa to bridge the gap and to get started on 1st August, company has now booked flights from Dubai to Perth for later next week for my partner and I as my 417 has now been granted, what a drama!! Any advice on what I should be doing?!

Dave


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