For 189 visa, is it possible to enter Australia on Visitor visa (600) and apply?

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For 189 visa, is it possible to enter Australia on Visitor visa (600) and apply?


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Old 09-07-2018, 09:23 AM
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For 189 visa, is it possible to enter Australia on Visitor visa (600) and apply?

Hi everyone, I'm a law student with migration law background and have access to LEGEND. But there're gaps that I need some more insights.

My girlfriend is now working oversea and she wants to be back as quickly as possible.

My initial thought for her is that she should quickly submit an EOI, wait for invitation, then get a Visitor Visa subclass 600 to come back to Australia and apply onshore. That way supposedly she will be able to stay here presumably on a bridging visa until a decision of her 189 application came out.

But then I looked up LEGEND for 600 and relevantly found that the condition 8503 is mandatory for tourist stream or sponsored family stream. The exact language is 'not entitled to the grant of' any substantive visa. But the DHA website says 'cannot apply'. Does LEGEND mean because a person is not entitled to the grant in the sense of an 'invalid application' so that it equivalently means the person 'cannot apply'?

But this isn't the main issue. The question for me is that, is it possible for her to come on 600 and then apply for 189? Because what becomes confusing is that as I have seen a case with 600 visa without 8503 condition imposed. Does it mean that if this is the case for my gf's 600 without 8503 she can then apply for 189 onshore?

The another question is that, I can't be able to say confidently reading from LEGEND that whether her 600 visa will receive what conditions AND whether she will get a bridging visa after she applied for 189 onshore. I originally thought that all applicants for any kind of visa if applying onshore will give you BVA and if they wanna travel, apply for BVB. But this doesn't seem to be that case isn't it? Not all applicants for all visas are eligible for BV right?

Thanks for any help. Greatly appreciated.


Last edited by wss5112; 09-07-2018 at 09:32 AM.

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Old 09-07-2018, 09:36 AM
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If you read up on 8503 you will find out that it is mostly discretionary for sc. 600 visas. If imposed, no onshore application can be made, unless the condition is waived.

If a valid application for a sc. 189 is made in Australia, a BVA will be granted. The holder of a BVA can apply for a BVB.

If you have access to Legend, read up on policy on tourist visas and visa conditions.

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Old 09-07-2018, 09:52 AM
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Originally Posted by CCMS View Post
If you read up on 8503 you will find out that it is mostly discretionary for sc. 600 visas. If imposed, no onshore application can be made, unless the condition is waived.

If a valid application for a sc. 189 is made in Australia, a BVA will be granted. The holder of a BVA can apply for a BVB.

If you have access to Legend, read up on policy on tourist visas and visa conditions.
Thanks for directing me to read the policy.

I found this and I need further confirmation whether the 8503 condition does NOT prevent my gf coming on a 600 visa.

From LEGEND policy -> [Div2.1/reg 2.05] reg 2.05 - Conditions applicable to visas - Waiver of "no further application" conditions

" About Sk​illSelect-related waivers
Regulations 2.05(4AA), 2.05(4), 2.05(5A)(b) and 2.07(AG) enable conditions 8503 and 8534 to be waived if the person has a ‘genuine intention’ to apply for:

a General Skilled Migration (GSM) visa
a Business Talent (EA-132) visa
an Employer Nomination Scheme (EN-186) visa
a Regional Sponsored Migration Scheme (RN-187) visa or
a Business Innovation and Investment (Provisional) (EB-188) visa.
These waiver provisions allow these particular applicants to make their application through SkillSelect even though there is a “no further application” condition on their current visa.

The policy rationale for waiving the condition is that these applicants are chosen from the SkillSelect database and, if relevant, invited to apply for a visa on the basis of having skills and attributes needed by the Australian economy. Therefore previous “no further application” conditions should be waived to facilitate their visa application and entry to the Australian labour market.

Provided requirements are met – refer in particular to Invitation requirements - SkillSelect will automatically override (“waive”) the condition through the eLodgement channel - there is no “do not waive” or manual intervention option available to prevent the waiver from occurring. However, refer also to Obligatory and unwaivable conditions."

Is that the applicable regulation that enables my gf to come on Visitor visa with 8503 condition (if so) and applies validly for 189 with invitation to apply received prior to her entry into Australia?

Thanks again!


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Old 09-07-2018, 09:59 AM
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Sorry not sure if a edit was in the works when I posted or of I read it wrong. Only professional advise will help you not forum level
I Suggest you contact someone like Nick.
The average forum user has no idea what LEGEND is.
However you are asking if the 8503 will prevent her from coming in a 600. Of course not that is a visa condition imposed on a sc 600, it prevents further onshore applications. It does not prevent entry


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Old 09-07-2018, 10:01 AM
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Please update your flag here .

Also, I need some more guidance to find the relevant provisions in LEGEND as to the following:
- which bridging visa a skillselect applicant will receive while applying onshore;
- that the BV is automatically granted; and
- what conditions will be likely attached to that BV; and
- what conditions normally attach to that BV (so that she is likely or not likely to be able to work on that BV while her 189 is processing onshore)

Thanks again!


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Old 09-07-2018, 12:15 PM
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All the answers are in LegendCom. People generally pay me to find them. That’s how I make a living...

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Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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