Decision on my Onshore application while outside Australia

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Decision on my Onshore application while outside Australia


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Old 10-29-2010, 01:33 PM
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Decision on my Onshore application while outside Australia

G'day guys, here is my case;
After waiting 20 months for application on VB886 visa, I now have a case officer responding my application. However, I left Australia 7 months ago, and my temporary resident visa expired just a month ago and I dont have a current visa to re-enter Australia. Now, my case officer is asking me to provide the date when I will return to Australia in 28 days.
I know after spending five years in Australia it sounds that my action to leave Australia was inappropriate however I got my reasons.
If I cant go back within the timeframe it seems my application is going to be refused. What I would like to find out is that ;
Is it possible to obtain a visa such as Bridging Visa B or tourist visa and continue my application process from there or,
Should I consider withdrawing my application before the decision's given?
Any other ideas what is the best course of action to get my PR visa granted?

Thank you for your help in advance.


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Old 10-29-2010, 11:36 PM
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You probably need to consider what visas may be available to you in first place as your nationality could impact that and the CO might be the best one to advise.





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Old 10-30-2010, 12:21 AM
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Thanks for your reply wanderer. If you dont mind I have another question relating to this. I thought their job is to give decision on the basis of the information currently available to them and not like acting as a migration agent who gets paid for such services. Do you think the CO would be happy to advise me on this issue?


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Old 10-30-2010, 02:02 AM
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You are correct in what their role is and that they are not migration agents but it is not unknown that they may suggest what you could look at.
That is not to say they will for it is entirely at the discretion of a CO and response could be determined by how a query is worded.
At least they know what country you are from!
For instance it could be that your visa is close to being granted, hence their desire to know when you could be back in Australia.
A tourist visa could likely have a No Further Stay condition applied and that does stop people from applying for another visa though I do not know whether it stops a visa already previously applied from being granted.
If that query is put to a CO, they may be able to advise on what is purely a processing situation.





Last edited by Wanderer; 10-30-2010 at 02:13 AM.

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Old 10-30-2010, 10:46 AM
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Thanks again wanderer. Putting a query is what I am going to do. By the way I forgot to say I am from Turkey. The last thing I want ask you is how should I word my query to receive the desired help from the CO as it is very important. I would greatly appreciate İf you tell me what are the key points I should include in my query, Thank you.


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Old 10-30-2010, 10:30 PM
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Key Points =
Quote:
A tourist visa could likely have a No Further Stay condition applied and that does stop people from applying for another visa though I do not know whether it stops a visa already previously applied from being granted.
If that query is put to a CO,
As simple as asking whether there is a better visa other than a tourist visa you can use for returning and ..........as quoted.





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Old 10-30-2010, 11:19 PM
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Thanks a lot wanderer. I'll keep you informed what the situation is like. Bye for now..


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Old 11-03-2010, 08:30 PM
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Hi wanderer. I contacted to the CO about what she could advise me on returning issue by an e-mail. Here is the response I got; "You will need to contact your closest Australian Immigration Office for information and advice on obtaining a visa to return to Australia".
And I did what I was told. I spoke to an officer from the Australian Embassy of Turkey. She told me that I dont need to be in Australia for my application to be finalised and my location does not affect on any decision that will be given by the DIAC, even though I explained her my application was onshore. She advised that just let them know that you dont have a current visa to return to Australia and wait for the decision.
I am not sure If the information I have received is in accordance with the Australian İmmigration's rules and regulations and.it seems It is unlikely for me to obtain a return visa through the Australian Embassy of Turkey.
It is getting complicated. What do you think is the best course of action next?


Last edited by OK_81; 11-03-2010 at 10:51 PM.

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Old 11-04-2010, 12:43 AM
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It could be possible that with all the changes that have been introduced, 886 visa applicants no longer need to be in Australia to have the visa granted, that never having been addressed too explicitly within the site regulations from recall anyway.
Certainly the only reference you can find now for being in Australia is in the description of who the visa is for - Skilled – Sponsored (Residence) visa (subclass 886)

Best approach I would reckon would be back to the CO and tell them what you where advised by the Turkish Embassy and clearly ask - " Can you confirm that granting of the 886 can proceed while you are out of Australia "
Keep us informed please.





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Old 11-12-2010, 07:51 AM
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I just got an e-mail from the CO replying whether it is possible to proceed my onshore 886 application while ı am out of Australia. Here is the answer;
"Migration Regulations state that you must be inside Australia at the time
your subclass 886 is finalised. It is not possible to finalise a subclass
886 visa if the applicant is outside of Australia."
And her response to my question regarding any possible advice how to obtain a visa to return to Australia is;
"I am unable to provide you with advice on obtaining a visa to return to
Australia. This matter is between you and the Australian Embassy in Turkey.
If the Australian Embassy requires information from me regarding your visa
they will contact me directly."
The interesting part is that even though the CO knows that I have no visa to return to Australia, she keeps asking me to provide her my valid passport which needs to be extended and the form 80.
So no positive outcome yet. I will keep trying..


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