visa declined

ben10afc

Second whv declined. Say I was to go home for xmas. Could I come back out in jan on a tourist visa? I can sort a 457 out then.

Batgurl

It's possible but be prepared to jump through a lot of hoops.

For example they will want proof of a return flight within the three months PLUS proof of funds to last you however long your length of stay is supposed to be.

They will want to know what your plan is while here and if your intention is to seek employment (457 visa) then that's technically not allowed on a tourist visa.

They will also be suspicious if your 2nd WHV was turned down because of a lie on your part (ie said you did farm work and it turned out you didn't).

Things may go in your favour but I reckon it could be a long shot.

s.c

Depending on why your visa was refused, I would say it would be fairly unlikely that you would get a tourist visa after such a short period.

ben10afc

s.c wrote: »

Depending on why your visa was refused, I would say it would be fairly unlikely that you would get a tourist visa after such a short period.

I 'didnt provide enough evidence' turns out the guy I worked for was a dodgy charachter. I can appeal it but I definitely have a sponsor sorted. Though under circumstances it has to wait until the new year. **** situation to be in.

s.c

ben10afc wrote: »

I 'didnt provide enough evidence' turns out the guy I worked for was a dodgy charachter. I can appeal it but I definitely have a sponsor sorted. Though under circumstances it has to wait until the new year. **** situation to be in.

Ya that is ****. I would say appeal it but are you planning on going home for Christmas anyway? When is your WHV up? Because there are restrictions on travelling out of the country when on a Bridging Visa.

Is it an option to go home and get 457 sorted and come back on 457? You don't need to be in the country to get sponsored.

ben10afc

s.c wrote: »

Ya that is ****. I would say appeal it but are you planning on going home for Christmas anyway? When is your WHV up? Because there are restrictions on travelling out of the country when on a Bridging Visa.

Is it an option to go home and get 457 sorted and come back on 457? You don't need to be in the country to get sponsored.

My bridging visa is up on the 13th dec. I will look into trying to get the 457 sorted whilst at home but more likely it will have to wait until the new year.i have no work back home so financially I cant really hang about back home too long. Which is why I am thinking it would be easier to come out on a tourist visa and sort it then.

Noo

ben10afc wrote: »

My bridging visa is up on the 13th dec. I will look into trying to get the 457 sorted whilst at home but more likely it will have to wait until the new year.i have no work back home so financially I cant really hang about back home too long. Which is why I am thinking it would be easier to come out on a tourist visa and sort it then.

But wont you be worse off coming back, you cant work on a tourist visa so if you come back youll have rent, food, the cost of your flight etc, at least at home you could stay with family or friends until your 457 came through (whether youre in oz or ireland wont change the length of time youll be waiting for a decision). I wouldnt risk working cash in hand or anything on your tourist visa while waiting for a 457 especially if youve already had your second year refused, you're just asking for a banning then!

Batgurl

It's a catch 22. If you tell them your coming out to be sponsored (before the visa has gone through) they probably won't let you in because they will be afraid you will start work before it's approved. On the other hand, if you come in and tell them it's a holiday when you are technically coming for employment, it's perjury and they don't take too kindly to that either.

I advise to apply from Ireland. Someone in our place got approved offshore in two weeks recently.

ben10afc

Am I technically banned now for having my visa refused? Providing I dont go over my bridging visa?

Noo

ben10afc wrote: »

Am I technically banned now for having my visa refused? Providing I dont go over my bridging visa?

No you have a bridging visa, its still a visa so you are here legally. But whatever you do do not go over your bridging visa, I have a friend go over by three days, got a three year ban. You are still entitled to apply for other types of visas, they may be refused on certain grounds but thats not the same as a ban.

s.c

Wouldn't your bridging visa be extended if you appeal the decision? If you lodge your appeal on the 12th you could potentially get another month or two out of it.

mandrake04

Is an appeal not $1500 upfront? And if you win you only get 1/2 the money back.

ben10afc

mandrake04 wrote: »

Is an appeal not $1500 upfront? And if you win you only get 1/2 the money back.

Yes thats true but and you can be on a bridging visa for quite some time. Although I am booked to go home for xmas so it rules that out. Best option is to try get my 457 sorted whilst at home or come back out on tourist visa and sort it then. If they grant me one that is.

mandrake04

ben10afc wrote: »

Yes thats true but and you can be on a bridging visa for quite some time.

even if you decided to appeal and go on the bridging visa you are already on a section 48, you are limited to what type of visas
you can apply for..... only a certain win at the MRT would remove the section 48.

ben10afc wrote: »

If they grant me one that is.

You mention you were 'declined' for 'not providing enough evidence' which is not meeting Regulation 417.211(5). Is that the reason why you were refused? If so probably no exclusion but you have a refusal on file.

You also mentioned that they guy you worked for was dodgy, was any of the paperwork dodgy as that is a PIC 4020 and carries a 3 year exclusion.

ben10afc

It says nothing about pic 4020. Where can I find this out?

mandrake04

ben10afc wrote: »

It says nothing about pic 4020. Where can I find this out?

This explains what it is.

PIC 4020 commenced on12 April 2011

Public interest criterion (PIC) 4020, commenced on 2 April 2011 and enables refusal of a visa if the applicant provides a bogus document or information that is false or misleading.

Applicants who are refused a visa because they do not satisfy PIC 4020 may be excluded for a period of three years from applying for another visa to which PIC 4020 applies.

Both the decision to refuse (under PIC 4020) to grant a visa and the three year exclusion period on further applications are subject to the s65 delegate’s discretion, after the delegate has considered compelling circumstances that affect the interests of Australia, or compelling or compassionate circumstances that affect the interests of an Australian citizen, permanent resident or eligible New Zealand citizen.

The implementation of PIC 4020 was initially applied to GSM visas, but has been subsequently expanded to apply to all Skilled Migration, visas and to all Business skills student visas and to various temporary work visas.