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Please help!!! Urgent!! - Page 2


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  #11 (permalink)  
Old 01-12-2013, 11:45 AM
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Hey just looked at the ETA on immigration website and BRITAIN is only on the evisitor section. So does she apply for that once she gets there? The evisitor that is? It says you should apply through an agent or airline. How would she go about doing that?


  #12 (permalink)  
Old 01-12-2013, 11:58 AM
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Hi Ozzy500 -

UK citizens holding a current UK passport are able to apply for the ETA visa through service providers such as airlines and travel agents, and she can also apply at an Australian visa office at an Australian embassy or online for the eVisitor visa here:

https://www.ecom.immi.gov.au/visas/app/uu?form=TV

As to which is better, both are 12 month visas with 3 months max per stay in Australia, designed for visits, tourism, etc. I don't know of any particular advantage of one vs the other - as I don't have all the details of your case and application plans it's difficult for me to recommend one over the other for your case. If for any reason there's an issue with the ETA or eVisitor, the next step would be to apply for a subclass 676 tourist visa (paper application) which is a more extensive application.

Another key issue in your case if you end up going the visitor visa route is that you want to make sure there is not a "No Further Stay" Condition (8503) attached to the visitor visa. Normally for UK citizens this doesn't happen, but if it did, it could prevent you from lodging any further onshore visa application (including partner) while she is in Australia. You'd have to be strategic about how you manage the partner visa application in that case, etc. More planning, more dealing with the maze of Australian visa regulations! Here's hoping you get the BV-B and this is all unnecessary.

Best,

Mark Northam

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  #13 (permalink)  
Old 01-12-2013, 02:12 PM
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Hi Ozzy500 if it helps after Mark profssional advice lol. I have an english passport and when i first visited Australia i had the ETA visa, it was valid for 12 months which allowed me to re enter as many times as i wanted within the 12 months. Has you g/f had one issued within the last year? if so then she doesnt need another one. i did mine online and it was issued the same day if i remmebr correctly as this was way back in 2010

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  #14 (permalink)  
Old 01-12-2013, 02:18 PM
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Quote:
Originally Posted by MarkNortham View Post
Hi Ozzy500 -

UK citizens holding a current UK passport are able to apply for the ETA visa through service providers such as airlines and travel agents, and she can also apply at an Australian visa office at an Australian embassy or online for the eVisitor visa here:

https://www.ecom.immi.gov.au/visas/app/uu?form=TV

As to which is better, both are 12 month visas with 3 months max per stay in Australia, designed for visits, tourism, etc. I don't know of any particular advantage of one vs the other - as I don't have all the details of your case and application plans it's difficult for me to recommend one over the other for your case. If for any reason there's an issue with the ETA or eVisitor, the next step would be to apply for a subclass 676 tourist visa (paper application) which is a more extensive application.

Another key issue in your case if you end up going the visitor visa route is that you want to make sure there is not a "No Further Stay" Condition (8503) attached to the visitor visa. Normally for UK citizens this doesn't happen, but if it did, it could prevent you from lodging any further onshore visa application (including partner) while she is in Australia. You'd have to be strategic about how you manage the partner visa application in that case, etc. More planning, more dealing with the maze of Australian visa regulations! Here's hoping you get the BV-B and this is all unnecessary.

Best,

Mark Northam
Mark i dont know if it still stands today or if things have changed but i recall when i arrived in on a visitors visa ( 3 months) it was stipulated that i couldnt apply for any other visa, there was " N,F,S" rules attached to it, hence i was having to leave and re enter every 3 months. Dont know if things have changed since 2010.

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  #15 (permalink)  
Old 01-12-2013, 02:37 PM
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Hey Louise! Thanks for the reply, she has never held a tourist or evisitor visa before. She came on a working holiday got sponsored and then the company sponsoring her got denied as a sponsor. Her sponsorship application is still in process, it has still not been denied by immi as yet.
So I'm hoping she can apply for the ETA or just get on a bridging visa B? Before she leaves hopefully. She will try to get a bridging Visa B at the airport if the don't work she will apply for the ETA from USA. Hoping something works out. Fingers crossed.
Cheers for the help!!!


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Old 01-12-2013, 03:36 PM
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hi
pls let us know what happend finally so that it will be a learning for all.

all the best

rgds
Nag


  #17 (permalink)  
Old 01-12-2013, 04:16 PM
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Quote:
Originally Posted by ozzy500 View Post
Hey Louise! Thanks for the reply, she has never held a tourist or evisitor visa before. She came on a working holiday got sponsored and then the company sponsoring her got denied as a sponsor. Her sponsorship application is still in process, it has still not been denied by immi as yet.
So I'm hoping she can apply for the ETA or just get on a bridging visa B? Before she leaves hopefully. She will try to get a bridging Visa B at the airport if the don't work she will apply for the ETA from USA. Hoping something works out. Fingers crossed.
Cheers for the help!!!
I hope everything goes well for you and your g/f i think you have being given allot of wonderful advice especially from Mark he really does show concern for everyone on this forum.
Please do let us know how your situation develops, interesting story.

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  #18 (permalink)  
Old 01-12-2013, 09:17 PM
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Hi Louise -

The normal 12 month visitor visa issued to an ETA citizen has 3 months max per stay, 12 month duration for the visa, multiple stays, however typically ETA citizens don't have the 8503 "No Further Stay" condition attached unless there is a risk factor for the applicant, etc. Still, always important to check!

Best,

Mark Northam



Quote:
Originally Posted by louiseb View Post
Mark i dont know if it still stands today or if things have changed but i recall when i arrived in on a visitors visa ( 3 months) it was stipulated that i couldnt apply for any other visa, there was " N,F,S" rules attached to it, hence i was having to leave and re enter every 3 months. Dont know if things have changed since 2010.

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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
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  #19 (permalink)  
Old 01-13-2013, 04:58 PM
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hey guys! thank you all for being such a help throughout this!
BUT looks like its not over yet.
So she went to the USA and tbh im not too pleased about it. but anyway!
so she her flight was from Brisbane to L.A and we live in Melbourne so she caught a local flight and from Melbourne to Brisbane and was not able to go through immigration here.
Anyway when she did get to the Customs counter in Brisbane, she told them everything that had happened and pleaded and all that but they were unable to grant her a BVB because they said that even though her sponsorship visa had not been rejected her sponsor did no qualify to be a sponsor anymore.
So therefore she cannot even apply for a BVB and was stuck on a BVA which would be cancelled as soon as she left the country.
the only thing they did say she can do is reapply online for a evisitor visa as soon as she has officially left.
She did it immediately after leaving and now we have received a confirmation saying that her application has been received.
Just to make it clear she came in Jan 2011. she got sponsored in Jan 2012.
The company she worked for was denied the ability to be a sponsor in October 2012. But her application was still in process at immi and had not been denied yet...
anyway so anyone have any idea what her chances are to get this Evisitor visa? even if they give her 3 months with NFS its okay as she and I were looking to leave here for a few years in April anyway. any idea how long it usually takes? and will they even give it to her?
just really worried!
any help would be great!
thank you all for being there!!


  #20 (permalink)  
Old 01-13-2013, 09:29 PM
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Hi Ozzy -

Sorry to hear this - they used their discretionary powers to grant (or not) a BV-B based not on the merits of the BV-B application, but based on an assumption that the 457 application would be refused due to the sponsor's situation, and assumed that she could not have found another sponsor within whatever time DIAC would have given her (and in fact, was already giving her since her visa was not canceled yet). That's a pretty hardcore stance they took, and she had no defence unless she remained in Australia. They could not have cancelled the BV-A without going through the formal process of refusing the 457 application, and that comes with certain rights, etc. But since the BV-B is granted depending on the discretion of DIAC, that gave them the opportunity.

Based on what you've said, I believe she has a very good chance to get the eVisitor - a key element will be how the whole 457 situation was recorded in DIAC's systems. For ETA countries should take only a few days, 1 week max.

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LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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