Applying for the GSM 189 visa while in Australia on a tourist visa subclass 600

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Applying for the GSM 189 visa while in Australia on a tourist visa subclass 600


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Old 24th July 2015, 01:50 PM
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Hi Dear People,

First off I would like to give a snapshot of my circumstances before delving into the queries.
I am currently in Australia on an international student visa and I have successfully completed my Masters in Engineering (1 year course) this month. My student visa is due to expire on Aug 30th, 2015. I have recently submitted my skills assessment to Engineers Australia and am expecting an outcome by mid October. I have planned to complete my 189 visa application onshore. I am thinking of extending my stay here by applying for a tourist visa (600 subclass) while awaiting my EA skills Assessment. By all intent I am keen to start working asap in Australia in my profession . Now to the queries:

- In the event of being granted a subclass 600 (tourist stream visa), will the visa have a 'No Further Stay' condition attached to it normally? This is worrying me quite a bit. In this case, I am aware that will not be able to apply or be granted any substantive visa while in Australia. I understand that in this case, I will not be able to apply for the 189 visa onshore while on the tourist visa and obviously will not to get the bridging visa as well.

- However, if in the case I will be able to submit my onshore 189 visa application while on the tourist visa, when would be the best time to apply for it. Would it be advisable to apply for the tourist visa towards the end of my student visa validity, i.e. Aug,30?

- In the speculative event that I am granted a bridging visa subsequent to my 189 visa application, will I have full working rights OR as per the general rule, will the bridging visa have all similar conditions as that of my preceding tourist visa? I spoke to a very reputed agent here in Sydney and he conveyed that specially for 189 applications, we get full working rights on the bridging visa regardless of the work conditions that our preceding visa has.

Folks, I know the thread is a bit long, however I am quite anxious about the above stated points. It would be great to get some valuable inputs from people who have already experienced similar situations or know quite a bit about this. Looking forward to it...


Last edited by Nidhineng; 24th July 2015 at 01:54 PM.
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Old 26th July 2015, 06:58 AM
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Hi Folks ,

I am keenly waiting to hear from anyone regarding my query. Please do respond as I have very limited time on my hands to decide and do the necessary.
So please help guys! :-S

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Old 26th July 2015, 07:55 AM
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1. Applicants from high risk countries and people who appear to be jumping from visa to visa to visa in an attempt to stay in Australia have a higher likelihood of obtaining a 'no further stay' condition on their visas.

2. You should apply before your current visa expires, knowing that it can take a week or two for the tourist visa to be granted in some cases.

3. Bridging visas are a source of confusion. In general, BV work rights follow from the previous substantive visa - for example, if you previously had a Working Holiday Visa, you will be subject to the 6-month maximum per employer rule. However, if you are applying for a skilled migrant or employer sponsored PR visa, you get full work rights on your BV. Your BV will kick in as soon as the previous visa expires. The bridging visa may provide work rights but it does not provide travel rights - you need to apply for a separate bridging visa for this.
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Old 26th July 2015, 08:48 AM
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a SkillSelect invitation automatically overrides a no further stay condition. If you are invited to apply, the NFS condition is irrelevant.

Reference: Migration Regulations 1994, Reg 2.05(4AA) and DIBP Procedure Advice Manual - Waiver of "no further application" conditions, Section 32

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Old 26th July 2015, 08:57 AM
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If you lodge your application (and not just the EOI) while your 600 is still valid, you will get BVA, if you lodge it afterwards, you will get a BVC.

BVA or BVC granted to an applicant for 189/190 has NIL conditions regarding of your original visa

BVC will only keep you stuck in Australia as you can't travel on a BVC and can't obtain a BVB which allows travel.

If you need to travel on a BVA you need to obtain a BVB before you travel
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Old 26th July 2015, 02:14 PM
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Quote:
Originally Posted by ozbound12 View Post
1. Applicants from high risk countries and people who appear to be jumping from visa to visa to visa in an attempt to stay in Australia have a higher likelihood of obtaining a 'no further stay' condition on their visas.

2. You should apply before your current visa expires, knowing that it can take a week or two for the tourist visa to be granted in some cases.

3. Bridging visas are a source of confusion. In general, BV work rights follow from the previous substantive visa - for example, if you previously had a Working Holiday Visa, you will be subject to the 6-month maximum per employer rule. However, if you are applying for a skilled migrant or employer sponsored PR visa, you get full work rights on your BV. Your BV will kick in as soon as the previous visa expires. The bridging visa may provide work rights but it does not provide travel rights - you need to apply for a separate bridging visa for this.
Hi Ozbound,

Thanks for sending through such valuable invitation. That's exactly what I wanted to know that the GSM visa will override any previous visa conditions. Yeah I do know that I will need to apply for BVB in order to gain travel rights as well.
I am planning to apply probably 10-14 days before expiry of my student visa.

Once again thanks a load for the info. Appreciate it

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Old 26th July 2015, 02:33 PM
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Quote:
Originally Posted by TheExpatriate View Post
a SkillSelect invitation automatically overrides a no further stay condition. If you are invited to apply, the NFS condition is irrelevant.

Reference: Migration Regulations 1994, Reg 2.05(4AA) and DIBP Procedure Advice Manual - Waiver of "no further application" conditions, Section 32
Hi TheExpatriate

Wow that is such invaluable information. I was never aware of this clause. That would mean that even if I end up having the NFS condition on my 600 visa, I will still be able to lodge my 189 visa and be eligible for BV. It makes perfect sense.

Many thanks for sharing this information. I hope this will also be helpful for anyone else who is in need.

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Old 30th August 2016, 08:28 AM
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Quote:
Originally Posted by Nidhineng View Post
Hi TheExpatriate

Wow that is such invaluable information. I was never aware of this clause. That would mean that even if I end up having the NFS condition on my 600 visa, I will still be able to lodge my 189 visa and be eligible for BV. It makes perfect sense.

Many thanks for sharing this information. I hope this will also be helpful for anyone else who is in need.
Is this true? I am in the same position. My current visa expires in 3 weeks and I'm still waiting on my skills assessment. I was planning on applying for an extension on my temp visa to allow enough time for applying for the 189 visa...but am really worried that if I get 8503 no further stay condition, that I won't be allowed to apply for the 189.

So this means that even if I get the 8503 condition on an extension, that I can still submit an EOI and apply for the 189 visa once invited?

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Old 10th November 2017, 12:39 AM
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Is this rule 'a SkillSelect invitation automatically overrides a no further stay condition' still valid in year 2017?
Do I have to make any steps before I apply? or if I'm invited while on visa 600 I should just apply without any previous steps from my side to waive the NFS condition?

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Old 19th September 2018, 11:47 AM
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Hi
It would be of great help to me if someone could share some information on this:

I am currently on visitor visa to australia with 1 year multiple entry with maximum 3 months stay without condition of 8503 (No Further Stay)
I have received my Victoria state sponsorship approval today so planning to apply 190 from here in Australia.

1) Now, when will bridging visa apply?
After completion of my 3 months stay or after expiry of my 1 year tourist visa ?

2) Do they grant work permit on this type of Bridging visa? Bcos they say condition of last visa applies.

3) If they grant work permit on Bridging visa then is it possible any way to get Bridging visa effective sooner, like by cancelling tourist visa or any other such options?

Thank you very much.
RICCO

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189 onshore application, bridging visa, no further stay, tourist visa query, work right

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