Can a 573 dependent apply for 175 while in Australia

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Can a 573 dependent apply for 175 while in Australia

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Old 09-10-2009, 06:21 PM
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Can a 573 dependent apply for 175 while in Australia

I am in a complex situation here and any help in that regard will be much appreciated.

I have an admit from AGSM MBA for Jan 2010 intake. But looking at recent changes in GSM, my specialisation is not on the CSL and my application will be last in the priority of GSM applications. Neither will my MBA help as it is a 16 month course and not in demand (accoding to CSL).

My wife's occupation, on the other hand, is on CSL. So the questions that I have are:
1) Can she go to Australia as student (subclass 573) dependent and still apply for 175 while being there? (According to immigration website, onshore visas do not include 175, but when looking at info for subclass 175, is says, in the 'location' clause, that one may be in Australia while applying for 175)
2) If she can apply for 175 while being a student dependent in Australia, can she make herself primary and me (student) secondary applicant so that when she gets a PR, I also get it?

If the answer to first question is no, then the only other option that I see is to ask her to start PR (175) application while being offshore and including me as secondary applicant. In the meantime, I got to Australia and continue with my course. Please suggest if there is any other option.

Since I need to quickly decide whether to say yes to AGSM or try to defer the offer, any info reg answering my queries would be very very helpful.

Thanks a ton

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Old 09-10-2009, 11:46 PM
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Well you know the answer already in that though a 175 visa is an offshore visa, you can apply for it while in Australia.

And the only thing that could interrupt that would be if the 573 has a 'no further stay' condition attached to it, something that gets applied rather randomly but in your visa approval advice it should be mentioned if so.
Your wife being a secondary may make that a little different as to being able to apply if you do have a 'no further stay' - something that you could email
Immi on via their pre-lodgement advice contact provision if it is the case.

The other issue that'll arise with the wife's 175 application is that though they can be applied for while in Australia, the applicant can not be in Australia for it to be granted, a little bit of bureaucratic stupidity that was introduced as part of immi legislation no doubt because some bureaucrat had a 'brilliant' idea.

You'll find a short two line reference to the situation in Booklet 5 I think it is for skilled stream visas - have a look at sticky thread #4 for booklets link and the wording goes something like " if an applicant is in Australia when an offshore visa is to be granted, the visa would be refused."

If that happened, no appeal and application monies done cold!

In practice, it may not be quite so harsh for though there are no guarantees, there has been one situation reported via a post on the forum where a couple were here on another visa and they had applied for a 175 or might have been a 176 [ a 175 with state nomination] and they received notification from Immigration to say that their visa application consideration was procedding to final stages and if granting was to take place they needed to be outside of Australia so if you would like to make arrangements and notify the department within four weeks of your intent to leave [leaving could be a bit later] and then advise in the week you were departing [gives
Immi time to extract the file from pending wherever].

The theory of that advice being that applicant would be outside the country be it a short holiday to NZ, Bali, Singapore or wherever, Immi computer would flag that and visa would be approved but there is nothing in Immi regulations that I am aware of re that action and no guarantee it would happen, something you ought to keep in mind to raise with the CO and hope for a considerate one who all of a sudden does not get sick or pregnant or whatever so the case gets handed on to another, perhaps with no note made re notification, so a certain onus on the applicant to keep a finger on the pulse.

I reckon your last point is actually the best for why not get your wifes's qualifications accreditation done post haste and have a 175 visa application put in [you could have it all prepared, awaiting accreditation] online and with her occupation on CSL at least some chance of hearing something early in NY - try and get in the ear of Immi to get it yankled along if possible - people from AGSM may have contacts.

May be too late re your course but a Student Visa would not take too long to process, so hold off for as long as possible and if the 175 came through that could I'd expect possibly make some difference to fees structure re Foreign Student Vs PR one.
Something to discuss with AGSM and if so they may offer to do an adjustment once you have PR if it is to be after you started the course.

The only problem you'll possibly likely have is that you may have to exit yourself for a few days for when the PR visa is granted, again a tricky situation on whether just your wife would have to leave or both - another point to raise with immi but getting started on wifes qualifications approval is what I would be doing straight away.

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Old 10-27-2010, 10:20 PM
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Hi there,

I am in a similar position to the previous post. I am currently at the AGSM, doing my MBA on a 573 and looking to apply for PR with a 175.

I am looking to benefit from a bridging visa while the 175 gets processed but I am still unsure as to whether this is possible or not. What is the "no further stay" condition you are talking about? Is it the 8534 and 8535 conditions?

If so, none of the 2 have been listed as part of the conditions to my 573 (in the email received a year ago and on VEVO) so would this mean that I can get a bridging visa?

Thxs in advance for your help.


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Old 10-27-2010, 11:16 PM
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No Further Stay is an 8503.
But with 175 or any offshore visas as they are termed, bridging visas do not apply.

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