QLD Cancellation of 457 Visa While on ETA?

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April Reese

Member
30 June 2017
1
0
1
Hello,

I came to Australia a year ago on a 457 visa but quit my job in January of this year and returned to the US in April. I then decided to go back to Australia to attend a conference and then travelled around the country for six months. Assuming DIBP would have canceled my visa after my former employer notified them that I was no longer employed there, I applied for, and was granted, an ETA for this trip.

I am in the midst of that trip now. In mid-June, I applied for a certificate of immigration status to get my superannuation refund. DIBP then notified me a few days ago that they couldn't process it because my 457 visa is still active. I noted according to their web site, "If you already hold a current visa for travel to Australia, you will be notified during the application process and you will be given the option of whether to proceed with your application. If you proceed, any ETA granted will not begin until your current visa or ETA expires."

DIBP told me it is "out of effect" and that my 457 visa is still active. But I never received notice of this; in fact, the only notification I received regarding my ETA was that it was granted. (I sent DIBP the notice.)

DIBP said they can't cancel my 457 visa while I'm in the country because my ETA would have to be canceled too and I would be here illegally. Under the circumstances, I asked for an exception and that they go ahead and cancel the 457, which they declined to do.

I'm visiting friends here for the next four months. Leaving the country again simply to shed a visa I thought was no longer in effect -- based on information from DIBP -- is an expense I cannot incur right now. Do I have any recourse for resolving this in-country?

Thank you very much for any help you can provide.

Best,
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi April,
It sounds like your previous employer failed to notify the department of your resignation. Generally speaking you only have 60 days to find a new employer once you leave the old employer of the 457 is invalid. Have another talk to DIBP, because the ETA was granted they should be able to apply an earlier date of cancellation to the 457, effectively 60 days from leaving your old employer. I don't see how this should be your problem.
 

Glenn Pereira

Active Member
LawTap Verified
1 July 2017
12
0
31
Hello,

I came to Australia a year ago on a 457 visa but quit my job in January of this year and returned to the US in April. I then decided to go back to Australia to attend a conference and then travelled around the country for six months. Assuming DIBP would have canceled my visa after my former employer notified them that I was no longer employed there, I applied for, and was granted, an ETA for this trip.

I am in the midst of that trip now. In mid-June, I applied for a certificate of immigration status to get my superannuation refund. DIBP then notified me a few days ago that they couldn't process it because my 457 visa is still active. I noted according to their web site, "If you already hold a current visa for travel to Australia, you will be notified during the application process and you will be given the option of whether to proceed with your application. If you proceed, any ETA granted will not begin until your current visa or ETA expires."

DIBP told me it is "out of effect" and that my 457 visa is still active. But I never received notice of this; in fact, the only notification I received regarding my ETA was that it was granted. (I sent DIBP the notice.)

DIBP said they can't cancel my 457 visa while I'm in the country because my ETA would have to be canceled too and I would be here illegally. Under the circumstances, I asked for an exception and that they go ahead and cancel the 457, which they declined to do.

I'm visiting friends here for the next four months. Leaving the country again simply to shed a visa I thought was no longer in effect -- based on information from DIBP -- is an expense I cannot incur right now. Do I have any recourse for resolving this in-country?

Thank you very much for any help you can provide.

Best,

This is a complex issue.

Question : Does your ETA cancels the previous 457 visa ?