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nics84

190 visa query

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Hey all, new to this so hope someone can help! 

 

In the process of applying for 190 PR visa, partner in oz already on WH visa and I'm here on a tourist visa. Due to go home 3rd January. Visa should be completed approx march time if all goes to plan and then myself and daughter can go out...

 

So does anyone know if we can go out on another tourist visa or is there any type of bridging visa we can get and go out earlier until 190 visa comes through? Or are we supposed to wait until it does?

 

Thanks for any help in advance!

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Hi, sorry I don't have the answers but just bumping in case there is someone around who can help


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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Hi, sorry I don't have the answers but just bumping in case there is someone around who can help

 

 

Great, thanks for that ?

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I am currently in oz on a toursit visa whilst waiting for my 189 visa to come through.

 

I can stay on a bridging visa, and as far as I gather its the same for the 190.

 

Better check though.

 

Good luck

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Hey all, new to this so hope someone can help! 

 

In the process of applying for 190 PR visa, partner in oz already on WH visa and I'm here on a tourist visa. Due to go home 3rd January. Visa should be completed approx march time if all goes to plan and then myself and daughter can go out...

 

So does anyone know if we can go out on another tourist visa or is there any type of bridging visa we can get and go out earlier until 190 visa comes through? Or are we supposed to wait until it does?

 

Thanks for any help in advance!

 

If you lodge onshore then there would be a bridging visa, it won't ave work rights but is a bridging visa nevertheless. The trouble with your plan and in fact it looks like this is currently the case, is that your OH is in breach of his WHV assuming that your daughter is with you now. This is not allowed and if he is on the 190 visa application, is going to come to light very soon... so I would wait offshore for that reason.

Edited by Rupert

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Thanks all, no my daughter is still home in Ireland, this is why I didn't bring her out with me this time to see how we got on and if we could get things sorted out. I'm due to go home shortly now and then wait til visa is approved and bring us both out again then.

 

just thought there may have been a way for both of us to come to oz before visa is approved...

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Hi Nics84. Have you already applied for the 190 visa? (It is not clear from your original post). If you have already applied for the 190 visa then the next question is whether you applied for the 190 visa while in Australia or whether you were outside Australia when you applied for the 190 visa.

 

If you were in Australia when you applied for the 190 visa, then as Rupert pointed out, you would have been granted a bridging visa to allow you to remain lawfully in Australia. This would not include your daughter however if she was outside Australia when you applied.

The bridging visa that would have been granted to you would be a Bridging Visa A. That allows you to remain in Australia, but gets cancelled if you leave Australia; if you have been granted a Bridging Visa A and you intend to leave Australia for a period of time while your 190 visa application is being processed, then before you depart Australia, you should apply for a Bridging Visa B - that will allow you to depart Australia and to return on your bridging visa. It does not however include your daughter if she was outside Australia when you applied for the 190 visa.

 

I also do not make any presumptions about family relationships. I think some of the readers here may be assuming that your daughter is also the daughter of your partner who is in Australia on a WHV - which may or may not be the case; once again, just not clear from the original post and certainly there is no need for you to clarify that issue on this forum - but one thing to bear in mind is that if there is another parent / legal guardian of your daughter in Ireland, then you will need to provide evidence of the consent of the other parent / legal guardian for the visa to be granted to your daughter. Also, not clear from your original post is whether your partner who is in Australia on WHV is included on your 190 visa application. I guess most people reading your post would assume that he is, but like I said, I don't make jump to make these presumptions. If he is included on your 190 application, then DIBP will require evidence of your relationship. This may be a potential issue if he has been included as a de facto partner particularly if you and your partner have been living apart.

 

I don't mean to sound negative; just flagging some potential issues. If you have not yet applied for the 190 visa, then I would suggest that it might be worth discussing your circumstances with a registered migration agent. With your partner on a WHV, you in Australia on a tourist visa, and your daughter back in Ireland, your case is not as straight forward as many of the people on this forum who apply for the 190 visa.


Australian Lawyer

Barrister-at-Law (Ireland)

Registered Migration Agent (MARN 1382825)

http://migration.lawyer

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Thank you so much for taking the time for this reply. Yes my daughters father is not my partner, although he has given consent and will sign required form when I get back. Me and partner have been together 7 years so have significant documentation required for de facto purposes. He is applying for the visa as he is a carpenter by trade and we are going under his. We are currently waiting for his carpentry qualification to come through here before we can actually put in the application so by the time we can apply I will be back in Ireland. If necessary we will wait until application is approved before we come out but if there was any way at all we would be allowed to come earlier then that would be great. Do not want to do anything that is not allowed to jeopardise visa outcome

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Also apologies for lack of info initially, and thanks so much for your help! As you say it's not straightforward!

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Partner has only been out here since August so not living apart for too long

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Well, in that case, you and your daughter could apply for eVisitor (tourist) visa to visit Australia, if you wanted to have a further holiday, this time with your daughter in Australia. You currently have a tourist visa for yourself, and depending on when you applied for that, it may be valid for you to return to Australia on that visa for a further holiday of up to 3 months. You may be asked by immigration on arrival in Australia for the further holiday what your holiday plans are, but if you had genuine holiday plans which could include you and your daughter spending time with your partner in Australia, then you would meet the criteria. You would need to apply for eVisitor visa for your daughter.

 

If your partner were to be invited and then lodged a 190 visa application while you and your daughter were in Australia and included you and your daughter in his 190 visa application, then you and your daughter would be granted bridging visas which would allow you both to remain in Australia until a decision is made on the 190 visa application.

 

One point which has been made about your partner being on WHV and whether your daughter was with you in Australia relates to one of the requirements for the grant of a working holiday visa which is that the WHV visa applicant will not be joined by dependent children during his or her stay in Australia.

However, under the Migration Regulations, your daughter would not be considered to be a dependent child of your partner unless your partner has formally adopted your daughter:

"dependent child, of a person, means the child or step-child of the person (other than a child who is engaged to be married or has a spouse or a de facto partner), being a child who: (a) has not turned 18; or (b) has turned 18 and (i) is dependent on that person or (ii) is incapacitated for work due to the total or partial loss of the child's bodily or mental functions".

So, unless your partner has formally adopted your daughter, your daughter being in Australia with your partner does not breach the condition for grant of the WHV that your partner not be joined in Australia by dependent children during his stay in Australia, as your daughter is a dependent child of you, but not of your partner. This does not mean that your daughter can not be included on your partner's 190 visa application; she can.Your daughter can be included on your partner's 190 visa application as a member of the family unit of your partner.

Member of the family unit is defined in the Regulations:

"....a person is a member of the family unit of another person (in this sub regulation called the family head) if the person is:

(a) a spouse or de facto partner of the family head; or

(b) a dependent child of the family head or of a spouse or de facto partner of the family head; or...

..."

Hope this helps you.

Edited by Killara
typo

Australian Lawyer

Barrister-at-Law (Ireland)

Registered Migration Agent (MARN 1382825)

http://migration.lawyer

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Hi There!!

I wanted to know one thing, if I go to ACT, AUS on 190 visa as a Fin Investment Adviser, do I have to work there as a Fin Inv. Adviser. Or its not necessary? And what if I cannot find a job as a fin inv adviser. Am I allowed to do other jobs? How do they find out if I am not doing a job related to my skill?

 

Please help! Anyone!


IELTS| L-8 R-8.5 W-7.5 S-7 VETASSESS|222311| APPLIED 22-10-13

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Hi There!!

I wanted to know one thing, if I go to ACT, AUS on 190 visa as a Fin Investment Adviser, do I have to work there as a Fin Inv. Adviser. Or its not necessary? And what if I cannot find a job as a fin inv adviser. Am I allowed to do other jobs? How do they find out if I am not doing a job related to my skill?

 

Please help! Anyone!

 

You can work in whatever capacity you want.

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You can work in whatever capacity you want.

I thought, because ACT is sponsoring me under a certain category I might have to work with that certain skill for 2 years. Anyway, good to know I have options, Thanks a lot Rupert!


IELTS| L-8 R-8.5 W-7.5 S-7 VETASSESS|222311| APPLIED 22-10-13

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Hi There,

 

Anybody looking for a Single Room or Double Room short term accommodation in Canberra, ACT can contact me. My email address is -thakurishaan@yahoo.com


ACS - 18/10/12|VIC SS Applied/Refused - 15/11/12 - 25/02/13|ACT SS Applied/Approved - 12/03/13 - 29/04/13|190 Filed - 06/05/13 |CO (J.C Team 31 Brisbane) - 01/06/13|Medicals - 11/06/13| PCC- 24/09/13 | Grant - 25/09/13

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I just found out today that none of the states have the skilled occupation (222133-FINANCIAL INVESTMENT ADVISER) on their state nominated occupation list. Is there still any way in which i can apply for state nomination?


IELTS| L-8 R-8.5 W-7.5 S-7 VETASSESS|222311| APPLIED 22-10-13

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