676 tourist visa

G-Day POMSINOZ,

 

Can anyone advise me on the following, my inlaws have been granted there 12 month 676 tourist visa (details in blue & red below). Where I have high lighted in red, does this mean that my inlaws could come over in XMAS 2009 (as planned), stay at my house then go to New Zealand in August 2010 for 2 weeks then return before 11 Sep 2010 to OZ and stay for a further 12 months.

 

Any advise would be greatly appreciated.

 

Matt :biggrin:

 

Immigration and Citizenship

 

Date: 11 September 2009

 

 

I refer to the application for a Class TR (Tourist) visa for ...MR BLOGS..................................

 

I am pleased to advise that ..MR BLOGS.......................... has been granted a Subclass 676 Tourist visa.

 

This letter contains important information about the period for which the Subclass 676 Tourist visa is in effect and conditions that attach to that visa. As the visa holder, ........MR.......BLOGS........................................ should carefully read and understand the information provided in this letter. If the visa holder has any concerns or questions about the information provided in this letter, they should contact the office that granted the visa before travelling to Australia.

 

It is recommended that the visa holder keeps a copy of this letter for their personal records and should also carry this letter with them when they are in Australia.

 

If the visa holder is travelling to Australia with members of their immediate family who also applied for a Tourist visa over the Internet, they also must have received a letter advising them of a visa grant.

 

VISA INFORMATION

 

As this Subclass 676 Tourist visa has been granted electronically, the visa holder will not have a visa label placed in their passport. The visa and passport details are electronically recorded on the Australian Entry System for visitors. When the visa holder arrives at an airport to check-in on a flight to Australia, the airline check-in staff can electronically confirm that the visa holder has authority to travel to, enter and remain in Australia.

 

Visa grant number:

 

The visa grant number is a unique number that was assigned to this Subclass 676 Tourist visa when it was granted.. The visa holder should keep this number with them as they may have to provide it to an officer of the Department while they are in Australia.

 

The visa grant number/s associated with this application is/are:

 

 

Period for which the visa is to remain in effect

The Subclass 676 Tourist visa allows the visa holder to travel to and enter Australia on more than 1 occasion until 11 September 2010. The visa holder is permitted to remain in Australia, after each entry, for a period of 12 Months.

 

Please note that in some circumstances the number of occasions the visa holder is permitted to travel to and enter Australia and/or the period within which the visa holder is permitted to remain in Australia, will differ from what was requested by the visa holder in his/her Class TR visa application. The number of occasions the visa applicant is permitted to travel to and enter Australia and/or the period within which the visa holder is permitted to remain in Australia cannot be changed once the visa has been granted.

 

It is important that the visa holder does not remain in Australia after their Subclass 676 Tourist visa ceases. If they do so, they will become an unlawful non-citizen and must be detained and removed from Australia (unless they make a valid application for, and are granted, a visa of another class).

 

Visa Conditions:

 

The Subclass 676 Tourist visa has been granted with the following conditions.

 

NO WORK - 8101

 

You must not engage in work in Australia. "Work" means an activity that, in Australia, normally attracts remuneration.

 

MAXIMUM 3 MONTHS STUDY - 8201

 

While in Australia you must not engage in any studies or training for more than 3 months.

 

X-RAY IF INTEND TO STUDY - 8205

 

If you are at least 11 years of age and you intend to study in a class-room environment for a period greater than 4 weeks, you must, before commencing that study, pass a chest X-ray examination carried out by a medical practitioner who is qualified as a radiologist.

 

NO FURTHER STAY - 8503

 

You will not be entitled to be granted a substantive visa other than a Protection visa, while you remain in Australia.

 

It is very important that the visa holder understands and abides by their visa conditions. If the visa holder does not abide by their visa conditions, their visa may be cancelled and they will become an unlawful non-citizen and must be detained and removed from Australia (unless they make a valid application for, and are granted, a visa of another class).

 

If the visa holder has any questions or concerns about when their visa is in effect and/or their visa conditions, they should e-mail the Helpdesk at eVisa.676.Helpdesk@immi.gov.au or contact an office of the Department. For contact details go to Contact Us - Department of Immigration and Citizenship

Hi Matt,

I think your best bet is to ring the DIAC, pick the visitor visa option and get confirmation from them. IIRC they will need your parents passport number to find out whether they can do as they have planned, or whether they have just 12 months from the date they arrive or 12 months from the 11th of September. In my experience it could be either of those!

 

They also have condition 8503 and whilst that's not a problem if they're just coming for a holiday, it can prove to be a bit of a snag should they find they want to stay. If they do wish to stay they will need to go offshore if they want to lodge an application for any other kind of visa.

Hi Matt,

 

I was on exactly the same visa for my sabbatical year in Oz.

It means that they can arrive and leave Oz freely as often as they want up to 11 September 2010. Upon EACH arrival they can stay for a period of 12 months.

 

This theoretically means that if they travel back into Oz on 10 September 2010, they can stay until 9 September 2011. Note that DIAC sometimes interviews people upon arrival to make sure they are 'genuine visitors'. I left Oz for a small break to New Zealand and returned without any problems.

 

Note that exactly as Happy Lass has pointed out, condition 8503 has been imposed. This means that they cannot lodge any other application for a substansive visa whilst in Oz (including another 6 month extension of the tourist visa). If they want to apply for another type of visa they need to go offshore (trip to NZ for example and lodge there). It is not a problem to travel back to Oz after lodging an application, tho you need to keep DIAC informed of your whereabouts, as they cannot grant an offshore visa while you are onshore.

 

Hope this clarifies things.

Cheers,

Sylvia

Hi everyone! If someone could advise me... I let you know the story:

 

I travelled to Australia initially as a tourist with the intention to join my Ozzy girlfriend and once there applied for a job as a nurse (I had already sent the application to the Queensland Nursing Council in order to register there, which i believe is the only thing I need to work there) hopefully applying for a Business (Long stay) sponshorship visa (subclass 457). Then:

 

1) 20th of June I arrived to Australia with an evisitor (subclass TV-651). Granted until May 2011 and staying in Australia for periods of 3months.

 

2) QNC requested me some more paperwork which has delayed my registration, so seeing that the 20th the September 2009 was getting closer, I decided to apply for a tourist visa onshore (subclass 676) so I could extend my stay in Australia without having to spend more money travelling to NZ.

 

3) I am granted a Bridging Visa that came into effect on 20th September 2009 after my previous visa (subclass TV - 651) ceased while waiting for an answear.

After they enquired me why I'd like to stay longer than 6months... I told them the truth (i do not know if that was a mistake!!??).

 

4) They replied me, that I should apply for other visa... but I do not have a nursing registration yet andi believe the relationship visa will take ages...

 

5) After rectified my respond with other email, where I say I am a GENUINE tourist... They send me this email:

 

 

Thank you for your email sent in relation to your Electronic Tourist

(Onshore) Visa (subclass 676) application lodged via the Department of

Immigration and Citizenship's website.

 

To enable this office to further assess your electronic visa application it

will be necessary for you to answer the following declaration:

 

If a visitor visa with the 8503 'No Further Stay' condition is granted to me as a result of my application, I agree to abide by this condition.

 

I understand that the effect of the imposition of the 8503 'No Further Stay' condition on my visa is that I cannot be granted a substantive

visa, other than a Protection visa, while I remain in Australia, except in limited circumstances.

IMPORTANT INFORMATION

 

To be eligible for a Tourist (Onshore) visa, applicants must be in

Australia when they apply and at the time a decision is made on their

application.

 

It is important to note that in some circumstances a Tourist visa may be

granted for a shorter period of stay than requested by the applicant.

 

If your visa application contains incorrect and / or misleading

information, this may lead to your application being refused or your visa

being cancelled.

 

If your circumstances change or the information provided as part of your

application is no longer correct, you must inform the Department in writing

as soon as possible.

 

 

 

5) So the questions are:

 

 

 

• Can I still apply for the subclass 457 once I have my QNC registration?
  
• Do I have to leave to apply for the subclass 457?
  
• If yes, can i apply for a standar evisitor again while outside Australia and then come back to apply for a subclass 457?
  
• Any suggestions?
  

 

Thanks in advance... Any answear will be appreciatted as we do not know what to do!

 

Anthony

If you have conditon 8503 on your visa, you cannot apply for any substansive visa whilst in Australia.

 

If, at any time since you last entered Australia, you held a visa subject to this condition, you cannot apply for any other visa other than a protection or Bridging visa. This restriction

can be removed only if there are compassionate and compelling reasons.

You can hop over to NZ for example and lodge your application there. I think however that your visa is/will be issued without multiple entry, so when you leave the country it may be ceased. It is also only valid for a maximum period of 6 months as it is the onshore extension. You are free to apply for an e-visa at any time, but it is still up to DIAC whether or not they grant it. Also, you may be interviewed upon arrival to establish your status as 'genuine visitor'.

 

I held an e-visa, returned home for a few months, applied for a 12-month offshore tourist visa and it was granted. It had condition 8503 on it, which prevented me to lodge my VE175, as my tourist visa was multiple entry I went to NZ and returned on my 12 month visa after lodgement without troubles.

 

I am not sure how it will work out for you, I suggest you have a chat with a migration agent - an initial talk is usual free.

 

Cheers,

Sylvia

Hi Matt

 

Yes, they can do as you suggest but what you have to consider is what will happen in September 2011 when they must leave Oz without the option? What are their plans after that?

 

Tourist visas are not available for the purpose of "living in" Oz as opposed to "just visiting" Oz. If DIAC feel that someone has overstepped the mark the first time they could become very sticky if another tourist visa is sought promptly after departure in September 2011.

 

Therefore it is important to consider whether that which is technically doable in the short term is actually the best option in the longer term.

 

Cheers

 

Gill

Hello Anthony

 

Welcome to Poms in Oz.

 

You, hon, are getting yourself into a heck of a tangle. It is really beyond the scope of an internet forum to help you properly. I strongly recommend that you contact Cheryl Bird, a Registered Migration Agent near Brisbane. Cheryl's website is here:

 

Bird Australian Migration Agency

 

You can apply for a 457 visa without waiting for your QBC registration to be granted. Do you have an offer of a nursing job? Has the employer offered to sponsor you for a subclass 457 visa? If so, what is happening about that at the employer's end?

 

To answer your questions:

 

Can I still apply for the subclass 457 once I have my QNC registration?

Whether you can apply for a 457 visa whilst your feet are on Australian soil is a more pertinent question. DIAC evidently intend to impose Condition 8503 on your new subclass 66 tourist visa. That will force you to go offshore in order to make a valid application for a 457 visa. It will also force you to be outside Australia again in order for the 457 visa to be granted, though you can visit Oz in the meanwhile if you like.

 

Your attempt to save money is going to cost you a lot of money is what it comes down to. You need not return to your country of origin. The requirement is only that you must be "outside Australia" at the two relevant times.

 

As far as DIAC are concerned, you can be in any country in the world at the time when you apply for your 457 and also when it is granted. The 457 visa label will be put into your passport in Oz, after you return to Oz.

 

Query: although you need not return to your country of origin, which countries can you go to without needing a visa for the country concerned? Check that out, I suggest.

 

Do I have to leave to apply for the subclass 457?

[/quote

Yes if you are on the wrong side of Condition 8503 - please see above.

 

If yes, can i apply for a standar evisitor again while outside Australia and then come back to apply for a subclass 457?

 

You can apply, yes. Whether or not it will be granted is another matter. Why don't you simply go offshore immediately, withdraw your sc 676 application once you are outside Oz and then return to Oz using your existing e-651 visa? Speak to Cheryl about this, I suggest.

 

Any suggestions?

 

Yes. Speak with Cheryl Bird, as suggested above.

 

I hope you manage to get sorted out.

 

Cheers

 

Gill

Thanks Sylvia and Gill for your prompt response... I already talked to them(Inmig. Depart.)... They advised me to lodge other visa... But I haven't found a job yet... So I think, I'll follow your advise Gill and contact with the migration agent you recomend me...

We would like to get out of this nightmare the sooner the better... but I think We going to need a lot of Camomile Tea!!

Thanks again both of you!

I'll post you our misfortunes as soon as we have something... ;-)

XXXOOOXXX

Annie&Anthony

does this mean that my inlaws could come over in XMAS 2009 (as planned), stay at my house then go to New Zealand in August 2010 for 2 weeks then return before 11 Sep 2010 to OZ and stay for a further 12 months.

 

Yes....