(ONSHORE) Student Visa 573 OR ETA 601 ---> PR Visa 189

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  • 1 Post By Maggie-May24
  • 1 Post By Owen Small

(ONSHORE) Student Visa 573 OR ETA 601 ---> PR Visa 189


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Old 02-06-2014, 02:50 AM
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(ONSHORE) Student Visa 573 OR ETA 601 ---> PR Visa 189

Hey,

I am planning to apply for Skilled Independent Visa 189 by lodging an onshore application, however I am uncertain over a few matters and I hope that some of you could enlighten me here.

I have been studying Civil Engineering in Australia for the past 4 years and have recently graduated, where my student visa is about to expire on 15/3/2014.

I am currently in Malaysia and will be returning to Australia on 26/2/2014.

While at Australia under my student visa, is it possible to get a bridging visa (as soon as my student visa expires) before I lodge my 189 application onshore as I am still gathering the required documents to lodge the application?

Otherwise, I am thinking of cancelling my student visa while at Malaysia and instead apply for an ETA (Visa class 601) which allows me to stay at Australia for up to 3 months. This will give me more time to gather the required documents for my 189 application. Will there be any complications if I opt for this method? Correct me if I am wrong, ETA does not have a 'no further stay' condition, meaning I can get a bridging visa while waiting for the 189 visa to be processed right? If so, is it possible to activate the bridging visa in advance (before the expiry of the 3 months validity of ETA, as I am planning to work as soon as possible with the bridging visa)?

Thanks in advance and much appreciated!

Mark


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Old 02-06-2014, 01:04 PM
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Basically I would like to stay in Australia until the visa 189 is granted. I am hoping to get on the bridging visa as soon as possible, so that I can work and support myself financially while waiting for the visa grant.

What would be the best advice?

Thanks!


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Old 02-06-2014, 08:03 PM
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Bridging visas will only take effect when the existing visa expires naturally. So if you apply for the 189 when your student visa is still in place, then your bridging visa would take effect from the expiry of the student visa.

If you cancel the student visa and are successful in getting an ETA without a NFS condition, then the bridging visa would take effect when the ETA expires (if it has multiple 3 month entries, then it would be after the latest entry you don't activate).

You can't speed up the expiry of a visa, and cancelling a visa which has the BVA attached to it will cancel the BVA.

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Old 02-06-2014, 09:41 PM
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Hi Mark,

Before making a EOI you will need to obtain a skills assessment from Engineering Australia and completed your IELTS. Depending on what stage you are with this it will likely be quite difficult to be invited and apply for a 189 before your student visa expires. Your other option would be to make a 485 visa application.

You won’t be able to obtain a bridging visa unless you have applied for the 189 visa. With an ETA a no further stay condition can be added but it is unlikely. Also even if you have an ETA immigration at the airport may question why you are entering on a tourist visa and whether you are a genuine tourist given the length of time you have been here on a student visa. If you are here on a ETA and do not have a 8503 condition then you could apply onshore. Any bridging visa will not come into effect until the 3 month stay of the ETA has expired. So you will not be able to work for this period. Also any BVA granted will only give you the same work rights as the previous visa. In your case for an ETA you won’t have work rights on the BVA. If you require further assistance with an application please feel free to contact me directly.

Owen.

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Old 02-07-2014, 03:15 AM
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Quote:
Originally Posted by Owen Small View Post
Hi Mark,

Before making a EOI you will need to obtain a skills assessment from Engineering Australia and completed your IELTS. Depending on what stage you are with this it will likely be quite difficult to be invited and apply for a 189 before your student visa expires. Your other option would be to make a 485 visa application.

You won’t be able to obtain a bridging visa unless you have applied for the 189 visa. With an ETA a no further stay condition can be added but it is unlikely. Also even if you have an ETA immigration at the airport may question why you are entering on a tourist visa and whether you are a genuine tourist given the length of time you have been here on a student visa. If you are here on a ETA and do not have a 8503 condition then you could apply onshore. Any bridging visa will not come into effect until the 3 month stay of the ETA has expired. So you will not be able to work for this period. Also any BVA granted will only give you the same work rights as the previous visa. In your case for an ETA you won’t have work rights on the BVA. If you require further assistance with an application please feel free to contact me directly.

Owen.
Hey Owen,

Thanks for your reply.

The reason why I choose not to opt for Visa 485 while waiting for my Visa 189 to be granted is because I could not apply for it as my student visa is actually sponsored by a foreign government.

It is possible to get work permission for my bridging visa if I prove financial difficulty right? That means that I will only not be able to work for the 3 months of my ETA.

Cheers!

Mark


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Old 02-08-2014, 02:15 AM
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Hey Owen,

With my current student visa which is still in effect, how abouts should I apply for the ETA? Before I leave Malaysia, should I just apply directly without cancelling my student visa and assume that the application of ETA will cancel the existing student visa automatically or should I cancel the student visa first and then only apply for the ETA?

Also, I have been hearing that if I apply for ETA before my student visa expires naturally, I will be considered a non genuine student and the ETA will not be granted. Is this true at all?

Hope to hear from you soon and thanks so much for your kind advice.

Mark


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