bonza2211 Posted October 23, 2012 Share Posted October 23, 2012 Hi guys, Since July 2012, there is no separate subclass for onshore/offshore. Very simply put, after a successful Visa application (189) visa what if the applicant decides to move back home and wait for the approval? i.e. Applied for 189 on the 457, resigned job and returned home awaiting approval. Thanks Bonza Quote Link to comment Share on other sites More sharing options...
twister292 Posted October 23, 2012 Share Posted October 23, 2012 This is a relatively new issue, as previously onshore and offshore visas were clearly separated. I suggest you seek advice from a registered migration agent, especially when it comes to a grey area. Quote Link to comment Share on other sites More sharing options...
theworm Posted October 23, 2012 Share Posted October 23, 2012 You can either be in Australia or overseas when you apply for a Subclass 189 Skilled Independent Visa. In order to lodge from within Australia, you would need to hold a substantive visa or a Bridging A, B or C visa. Once you apply from within Australia, you would receive a bridging visa allowing you to remain in Australia during processing of your visa application. Quote Link to comment Share on other sites More sharing options...
ecg78 Posted October 23, 2012 Share Posted October 23, 2012 I have similar situation. I applied last week and going back home this Sunday. I can either apply for bridging visa B (and pay more than 100) or just do nothing. Since Im coming back in December I believe that my case is solved by then. And if not, the EU passport allows me to stay 3 months here anyway. So by that time the visa should had been granted at least... Can you come and go as you want or do you need a tourist visa? The bridging visa is quite easy...you probably got the A when you lodged your application by mail? Quote Link to comment Share on other sites More sharing options...
bonza2211 Posted October 23, 2012 Author Share Posted October 23, 2012 I have similar situation. I applied last week and going back home this Sunday. I can either apply for bridging visa B (and pay more than 100) or just do nothing. Since Im coming back in December I believe that my case is solved by then. And if not, the EU passport allows me to stay 3 months here anyway. So by that time the visa should had been granted at least... Can you come and go as you want or do you need a tourist visa? The bridging visa is quite easy...you probably got the A when you lodged your application by mail? Mate I would get a definite answer from DIAC/Immi on this in your situation. The reason I ask this is that when you lodge Visa applications , somewhere in the form it states you need to notify Immigration of your travel (and of course hold a visa to return). My question lie's more along the lines of : 1. Can you apply onshore 2. Then leave permanently till such time the approval comes through with no impact to the processing of the visa. Reason being on your application you state current address, employment etc as being in Australia and leaving technically means "change of circumstances" Quote Link to comment Share on other sites More sharing options...
bonza2211 Posted October 23, 2012 Author Share Posted October 23, 2012 You can either be in Australia or overseas when you apply for a Subclass 189 Skilled Independent Visa. In order to lodge from within Australia, you would need to hold a substantive visa or a Bridging A, B or C visa. Once you apply from within Australia, you would receive a bridging visa allowing you to remain in Australia during processing of your visa application. Agreed. However what happens if you want to return home or holiday overseas till such time the PR is granted. Any idea if this is a deal breaker? I understand before for the 121/856 they were distinct offshore/onshore subclasses but it doesnt exist anymore. thanks! Quote Link to comment Share on other sites More sharing options...
theworm Posted October 23, 2012 Share Posted October 23, 2012 correct, my understanding is also the same that u dont need to be on-shore to get any Skillselect Subclass Grant (even if u applied onshore). same is true for those who applied off-shore but can be on-shore when Skillselect case being finalized. from July 1st 2012 on-shore/off-shore cease to exist. Quote Link to comment Share on other sites More sharing options...
ecg78 Posted October 23, 2012 Share Posted October 23, 2012 Mate I would get a definite answer from DIAC/Immi on this in your situation. The reason I ask this is that when you lodge Visa applications , somewhere in the form it states you need to notify Immigration of your travel (and of course hold a visa to return). My question lie's more along the lines of : 1. Can you apply onshore 2. Then leave permanently till such time the approval comes through with no impact to the processing of the visa. Reason being on your application you state current address, employment etc as being in Australia and leaving technically means "change of circumstances" Hola, well the Immigration website states quite clearly that I'm free to go home as I want: http://migrationblog.immi.gov.au/category/bridging-visas/ or http://migrationblog.immi.gov.au/2012/02/20/b-sure-you-can-return-—-for-bridging-visa-a-holders/ Their only concern seems to be that if an applicant wants to return AND didnt apply for BV B before departing, then there might be a problem if none of the existing visas are no longer valid. What do you reckon? Quote Link to comment Share on other sites More sharing options...
thegeek Posted October 23, 2012 Share Posted October 23, 2012 This is of concern to me as well. I currently have a UC-457 visa valid till 2015 and intend to apply for the 189 very soon. Would I then be on a bridging visa as soon as apply? And can I continue to work on it? How about the travel back to India say before I am granted the 189? Any ideas? Quote Link to comment Share on other sites More sharing options...
twister292 Posted October 23, 2012 Share Posted October 23, 2012 (edited) The concern here, as rightly pointed out would be that once the 189 is lodged on-shore, the associated bridging visa that is issued is a BVA, which has a "no travel" condition on it. You will need to get a BVB before you travel (AU$125 IIRC) and return to AU within the validity period of the BVB if you intend to return before the 189 is granted. I would still seek advice from a registered agent on the issue to be sure. Edited October 24, 2012 by twister292 Quote Link to comment Share on other sites More sharing options...
wrussell Posted October 24, 2012 Share Posted October 24, 2012 The concern here, as rightly pointed out would be that once the 189 is lodged on-shore, the associated bridging visa that is issues is a BVA, which has a "no travel" condition on it. You will need to get a BVB before you travel (AU$125 IIRC) and return to AU within the validity period of the BVB if you intend to return before the 189 is granted. I would still seek advice from a registered agent on the issue to be sure. An A does not take effect until the current substantive visa expires or is cancelled. Quote Link to comment Share on other sites More sharing options...
ecg78 Posted October 24, 2012 Share Posted October 24, 2012 Guys, I went to the DIAC office yesterday here in Sydney and the woman said that it's ok to leave the country while the SkillSelect PR is being processed. She also said that the cancelled BV A can be re-validated upon return by filling in form 1005 (no charge). -sam Quote Link to comment Share on other sites More sharing options...
bonza2211 Posted October 24, 2012 Author Share Posted October 24, 2012 Guys, I went to the DIAC office yesterday here in Sydney and the woman said that it's ok to leave the country while the SkillSelect PR is being processed. She also said that the cancelled BV A can be re-validated upon return by filling in form 1005 (no charge). -sam Sam, you are a legend. Put my mind at rest. How long can you stay away? Can it be indefinite I would also try and visit them. Usually my principle is to contact DIAC thrice and see if all 3 agents say the same thing Quote Link to comment Share on other sites More sharing options...
ecg78 Posted October 25, 2012 Share Posted October 25, 2012 How long can you stay away? Can it be indefinite I would say that you must enter Australia by the date that is stated in the visa grant letter. Does anyone know how many days you have time to enter after the visa grant? Quote Link to comment Share on other sites More sharing options...
ecg78 Posted October 30, 2012 Share Posted October 30, 2012 Ok, I can confirm now that it is ok to leave the country. I applied onshore, came home yesterday and got visa grant today! Quote Link to comment Share on other sites More sharing options...
bonza2211 Posted October 30, 2012 Author Share Posted October 30, 2012 Ok, I can confirm now that it is ok to leave the country. I applied onshore, came home yesterday and got visa grant today! Haha... amazing! Congrats Quote Link to comment Share on other sites More sharing options...
soumya soman Posted September 10, 2018 Share Posted September 10, 2018 Hi Currently iam on student visa which will expire on 26/09/2018.I have done my EOI 2 weeks back and waiting for my invitation. Iam planning to go back home before the expiry of my visa. I would like to know that if iam getting my invitation in 3 months while off shore is it possible to apply for another visa(Visiting Visa) to enter Australia and lodge PR application within 60 days? And also after the expiry of my visiting visa is it possible to get a bridging visa in order to stay back in Australia till my PR visa is granted. Quote Link to comment Share on other sites More sharing options...
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