seansheep

Hi there,

Have had a look through the forums and couldn't find anyone with a similar situation...

I'm just starting the process of applying for a 442 occupation trainee visa, but I'd like to head out for a friend's wedding at the start of May (seems unlikely that my visa will be ready by then: estimates are 4-6 weeks for nomination, then 4 weeks for my application).

I have 2 solutions:

a) enter as a tourist, submit my 147, travel around for a few weeks and wait til it comes through (is it possible to apply in Oz if I'm not resident there?! What about police checks etc?)

b) submit my 147 in the UK with my UK passport, enter Oz as a tourist on my Irish ppt and then get my endorsed UK ppt posted out to me when it's settled. Main problem with this might be if police checks/medicals are required would I have to fly back to the UK to do this?!

Obviously (b) has the advantage that the visa might be ready in time for me to head out, saving me a few $ on a tourist visa.

Which ever I do, I think it's important that I tell DOIC as I don't want them to figure it out for themselves! Thought I'd see if anyone had any ideas/other solutions?

Thanks,

Sean

scotlandtooz

Sean - Am not sure what type of visa a 442 (sounds like a student visa?) is, but if it states that you can't be in Oz when it is granted I would either wait till after your pals wedding, or apply asap and risk missing the wedding. Just because you are entering Oz on a different passport, doesn't mean you're not in the country. You can (I think), tell them what your intentions are however, and when they are ready to grant the visa, they will let you know, so you can get the cheapest flight out of Oz, get the visa granted, and then return.

saraliz

Your option (b) won't work. If you make an application for an Occupational Trainee visa at an Embassy/Consulate outside of Australia, you must also be physically outside of Australia at the time of visa grant. Given current processing times for the occupational trainee visa (and assuming the nomination has not yet been lodged), it is unlikely that the visa would be decided before the beginning of May.

The options you have are to either:

(a) Apply while within Australia (as per option (a) in your post). If you apply while inside Australia, you will automatically be given a bridging visa allowing you to remain in Australia while your visa is being processed. Be aware that this option is only possible if you are in Australia on a visa which does not carry a "no further stay" condition.

(b) Submit your application to the High Commission in London while outside of Australia. Note that if you are planning to travel shortly after submitting the application, you can submit a copy of your passport photopage rather than submitting your original passport (although you will need to submit your passport in order for the visa to be finalised). You can then travel to Australia while the visa is being processed, but must depart Australia for it to be finalised.

Regards

Sara Brownell

seansheep

Thanks for the clarification Sara,

From reviewing the forums it hopefully an ETA tourist visa for someone from the UK would receive a "no further stay"/8503

I finally managed to get hold of a very helpful telephone agent at the embassy and they said it seemed OK to apply "onshore", but if I enterd on an ETA I'd need proof of funds that I could cover a return flight.

Looking at other posts there seem to be other problems with this idea, namely:

a) if I get asked why I'm visiting, I'd have to tell them that I was intending to apply for another visa shortly (presumably they'd be able to see on their computer that I've been nominated) which might not go down too well since I'm clearly not just a tourist!

b) some posts have suggested that airlines won't carry you without a return flight or a valid visa since they get fined for carrying people who then have to be sent back! Not sure if anyone else has heard of this!?

Many thanks in advance,

Sean

Pollyana

- The airline can refuse to carry you on a flight if they think that Aus Immigration will refuse you entry (this is because the airline then has to pay for your flight back)

- Aus Immigration can refuse you entry on a tourist visa or ETA if they think you are planning to do more than visit for a short period. There is not a problem with holidaying in Aus while waiting for PR grant, but you are expected to leave again, not just hang around and wait for the grant.

- An ETA is not designed as a means to enter Australia with an intention to migrate there permanently.

- If you arrive with all your worldly goods, on a single ticket, and tell them that you have an application lodged for PR, they have grounds to refuse you entry, if they so desire.

==================

If you - and the many other posters suggesting this at present - choose to move to Australia on a 3 months max stay ETA you risk either being refused at Immigration and sent back, or finding yourselves stuck if your PR is refused, having given up jobs and home in the UK so you will have nothing to go back to. The latter IS possible. Read the thread on the removal of the Bond option (sticky at present). Your visa is not guaranteed until it is issued, and if you give up your life in the UK in anticipation of it being issued you may be in for a nasty shock. DIAC themselves advise on their site that you should not sell your home, give up your job, etc until you actually have your visa.

seansheep

Thanks for your frank advice Pollyana, although I should add I'm not applying for PR, and have very few worldly goods to take with me!

I got the impression from the embassy that they don't really know what happens onshore so I really apreciate these pointers. I'd really like to give DOIC in Aus a heads up and see what they have to say, but it seems impossible to contact anyone other than an embassy (who don't seem to know much about applying in Aus)...

I should add that i had intended to apply in the UK but my timeline got screwed up as I was initially advised by the University & embassy to apply for a visiting academic visa which is considerably quicker.

The reason I need to deicde now is that the nomination form has a box which asks where I will apply for my visa, and I don't know if I'll be held to that (ie if univeristy says I'll apply in the UK but nomination takes ages to process and I run out of time for a UK application, or vice versa)

Many thanks - S

saraliz

Although not completely applicable in this case, as the Occupational Trainee visa is only a temporary visa, Polly's warning above should be well-heeded by those intending to visit Australia during their visa processing.

Sean, the important thing is to be aware of the fact that the visitor ETA is intended for short visits to Australia for the purposes of holidaying, sightseeing, visiting friends/relatives, etc. You need to ask yourself the reason for your travel - is it to attend a friends wedding (as indicated in your first post) or so that you can be in Australia while your visa is being processed? If DIAC believe you are entering Australia for other purposes than those intended by the visitor ETA, they can deny your entry to Australia.

Generally, once your nomination is approved the details of the approval will be sent to the Embassy/High Commission that was indicated for visa lodgement in the nomination form. Your sponsor should update DIAC if this location changes during the nomination processing.

Cheers

Sara