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WHV 417 to 189


charlenes358

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Hi all,

 

I am on visa 485 and expires on next month. I will have achieve 60 points in end of November and planning to apply 189 EOI offshore. Is it possible for me to return Aus on WHV 417 (I am eligible to apply for it) after received 189 invitation offshore? So I will be able to upload all documents of 189 in Aus as onshore applicant. Does it affect my 189 application at all?

Once I have bridging visa, will it overwrite the WHV 417 automatically?

 

Thank you!

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You can't apply for the whv onshore.

 

What I would do is leave the country, apply for your whv. Come back and then apply for your 189 onshore. Then you can get a bridging visa which will kick in once your whv has expired. You won't get a bridging visa if you apply for the 189 and then come on the whv.

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Thanks for your reply~ That's what I am thinking as well. I am thinking to apply WHV in my country. However, I heard that you are not on any kind of visas if you have lodged 189 EOI. You will get bridging when you upload all documents after received all documents.

What I planned is leave Aus on the date of current visa expires. Applied for WHV 417 in my country but also lodged 189 EOI once I have reached 60 points. if I received invitation and not accepting it until I return to Aus with WHV 417, will there be a problem? Will I get bridging visa and overwrite WHV 417?

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A bridging visa does what it says. It bridges the gap between one on shore visa and another. It can't over ride a visa, and you can't get it if you haven't been onshore on a substantive visa and then applied for another while on the first visa. Although it's running in the background of the first visa, it doesn't become active until the first one runs out.

If you apply for both visas offshore then you won't get a bridging visa. I'm not sure how long the 189 is taking at the moment. It might not be an issue.

And yes, you haven't applied for the visa until you have actually been invited, filled out all the forms etc and paid.

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other than evidence of fund and medical, will there be other issues might affect 1st 417 overseas application, which might lead to refusal?

I will get another 5 points in November from age field, which would reach the score of 60.

I am applying WHV 417 right after I return to my country after current TR expires. What I concerned is if I held 1st WHV 417 (before entering Aus) and received 189 invitation overseas (or accepting it), will there be any effects on both entering Aus with 417 and 189 application?

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If you receive a 189 invitation offshore, I would wait until you are back onshore to apply for the visa. By applying onshore you will get bridging visa A which will come in to effect once the WHV expires, if the 189 had not been granted yet. Also by applying onshore if the 189 was refused you would have review rights and could remain in Australia until then.

 

there shouldn't be a reason to refuse the 417 after the 485 but just know that you may be asked further questions, but then you also might not be.

 

But as a holder of unvalidated 417 visa, and receiving 189 invitation these do not effect each other. Only the grant of the 189 would over ride the 417 visa.

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If I was you I would prob speak to a registered migration agent first before doing anything.

 

But I would apply 417 then go back to Australia and apply for for 189 onshore ( you can lodge EOI offshore and get invitation offshore but I would submit application onshore) If you apply onshore you will get bridging visa if visa has not been processed within 12 months and have review rights if refused.

 

Option 2 - you have to remain a student until 189 is granted and can only wrk the 20 hrs per wk.

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In fact, what would you do if u r in this situation?

1) Leave Aus and apply 417 overseas, then lodge 189 EOI overseas. And come back aus to work in couple months. or

2) get a student visa to extend length of stay and lodge 189 EOI onshore.

 

Well I would never waste my money on a student visa so that is 2 out for me. I can't see the relevance of lodging an EOI offshore, it doesn't matter where the EOI is lodged, it matts where the visa is lodged.

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If the student visa is cancelled, the bridging visa is cancelled too. You'd have to immediately apply for a Bridging Visa E which has severe limitations - no work rights (you can apply to have these added if you can prove financial hardship), no travel rights and any time in Australia before the BVE is eliminated from residency towards citizenship. So unless you have no other options, it's not a good path to take.

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Thanks guys!

Just curious - if I applied for course in Australia in order to get a student visa, and withdraw the course after I applied visa 189 onshore. Student visa will be cancelled and does BVA over ride it?

Is it more risky on applying permanent residency by doing this way?

 

Terrible idea. The student visa is not an easy way to stay in the country. It is very expensive and I think you need to pay course fees up front and if you drop off the course your student visa and BVA are both cancelled. You would be on the emergency visa, BVE.

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  • 1 year later...
Hi charlene

 

have you had any issues in getting a WHV after a 485? thanks

 

charlene hasn't logged on in two years. You would be better off starting a new thread asking your question.

But if you have the funds and are of the right age and from a country which can get whv you should be fine.

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