Complexity in the subclass 457 visa applied for when the applicant is offshore at time of application


One complexity about all of the above is the subclass 457 visa applied for while the applicant was off-shore. The subclass 457 visa can be granted on shore even though the application was made offshore. Paragraph 457.411 states:

457.4      Circumstances applicable to grant


The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.


A subclass 457 refusal of an offshore applicant would be covered then by s 338(9) but only if the sponsoring employer was Australian based.  The time limit is 21 days from the date of receipt or deemed receipt (if sent by post to an address overseas then the deemed postage period is a further 21 days.)

Barbara Davidson