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



## wmlee (Jan 25, 2014)

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 on 15/3/2014) before I lodge my 189 application onshore as I am still gathering the required documents (IELTS, skill assessment etc.)?

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)? With that, I understand that the bridging visa will have the same work conditions as that of ETA (i.e. not allowed to work), however it is possible to get work permission by providing evidence of financial hardship right?

In a nutshell, 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.

Thanks and much appreciated. 

Mark


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## Guest (Feb 7, 2014)

Yes any bridging visa has the same conditions as the visa you were previously on ie no work. 

If you cancel your student visa and apply for a tourist visa I cant see it being granted as you will shiw yourself as not genuine.


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## wmlee (Jan 25, 2014)

You said it can not been granted, meaning my tourist visa will not be granted or my 189 visa? Will I have any complications for my 189 application if somehow my ETA tourist visa was granted?

Thanks!


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## Guest (Feb 7, 2014)

I can not see you being granted a tourist visa if you cancel your student visa because you will have proven yourself to not be a genuine student.


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## VincentDo (Nov 12, 2013)

wmlee said:


> 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 on 15/3/2014) before I lodge my 189 application onshore as I am still gathering the required documents (IELTS, skill assessment etc.)? 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)? With that, I understand that the bridging visa will have the same work conditions as that of ETA (i.e. not allowed to work), however it is possible to get work permission by providing evidence of financial hardship right? In a nutshell, 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. Thanks and much appreciated.  Mark



No need to cancel any visa, just apply for a new one. once a new visa is granted, the previous one is automatically canceled. A number of options available

- apply 189 offshore

- if you want to be onshore, then
1. Apply for a visitor visa if you're sure you can be invited to apply for 189 within 3 months. I know some Malaysian passport holders (assuming you are) got their visitor visas quite easily here in AU. However, No work and no guarantee for not having 'no further stay condition'

2. Apply for visa 485 (a bit costly compared to visitor visa)


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## Guest (Feb 7, 2014)

If he applies for a tourist visa whilst having a valid student visa it is not likely to be granted. Like I said, shows him as not being a genuine student. 485 would be the better option if he qualifies.


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## wmlee (Jan 25, 2014)

_shel said:


> If he applies for a tourist visa whilst having a valid student visa it is not likely to be granted. Like I said, shows him as not being a genuine student. 485 would be the better option if he qualifies.


What does it mean by non genuine student? I have completed my degree in Australia already. :confused2: it would be great if you could direct me to a source mentioning regarding this as I am still quite confused. :S

Regardless, thanks for your kind advice though!

Mark

p.s.: unfortunately I am not eligible for visa 485.


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## wmlee (Jan 25, 2014)

VincentDo said:


> No need to cancel any visa, just apply for a new one. once a new visa is granted, the previous one is automatically canceled. A number of options available
> 
> - apply 189 offshore
> 
> ...


Any advice regarding application of offshore tourist ETA visa to stay onshore for my 189 application? 

Thanks heapsss!


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## rein_marco (Feb 8, 2014)

wmlee said:


> 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.
> 
> ...



If you lodge in australia you will automatically be issued a bridging visa. 

dude you can apply for a graduate visa. then you'd have all the time in the world


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## wmlee (Jan 25, 2014)

rein_marco said:


> If you lodge in australia you will automatically be issued a bridging visa.
> 
> dude you can apply for a graduate visa. then you'd have all the time in the world


unfortunately, i am not eligible for the graduate visa 485 as i have not met all conditions for it.


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## rein_marco (Feb 8, 2014)

wmlee said:


> 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.
> 
> ...





wmlee said:


> unfortunately, i am not eligible for the graduate visa 485 as i have not met all conditions for it.


in that case i would advise you to apply for a tourist visa either onshore if you can get back there before your visa expires. make sure in those 3 months you can get everything done and have a skillselect invite


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## VincentDo (Nov 12, 2013)

wmlee said:


> Any advice regarding application of offshore tourist ETA visa to stay onshore for my 189 application?
> 
> Thanks heapsss!


I forgot to tell you an important thing.

As you have already finished your course in AU, your student visa is deemed to be expired. You need to have a new visa to enter AU!
A lot of people do not realise that they need to always fulfil their visa conditions. Particularly for student visas, they MUST remain enrolled in a registered course (condition 8202). By the time they finished their study, this condition has already been breached. They should leave AU as soon as possible, probably not staying for more than 1-2 months allowing them to pack up their luggages, unless they intent to apply for another visa. 
If you already left the country, it is highly likely that you will not be allowed to re-enter AU under the current student visa. I encourage you to check carefully with AU immi gov about the circumstance before you book a ticket to avoid any undue trouble caused.

(for example, a PhD student applied for 4 year course and was granted 4 year student visa. But somehow (s)he managed to finish the program in 3 years. If that is the case, that student is not allowed to further continue staying in AU for another year under the current student visa, and may have some trouble in his/her future visa application. )

In reality, your education provider (uni) has responsibility to advise the gov about the completion of your course. I am sure the immi gov has been well informed. 

Having said all that, you will now want to have a new visa to enter AU again. I am not sure whether you have ever applied for a visitor visa travelling to AU, but as I said, for all MY passport holders, they just need to apply for an ETA (pretty much like an electronic pass which costs only $AU20). A piece of cake really!
Unlike many other high risk countries where people need to apply for visitor visa-600 with a genuine purpose of visit (visiting relatives, friends) and proof of fund, Malaysians can visit AU anytime for the period of 3 months without any difficulty. So go for it as you wish.

p/s: the better option would be to apply for 189 offshore, allowing you plenty of time to prepare for the application.


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