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457 & 189 Visa Questions - Sorry Quite Long!


Sara8

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Hi all,

 

I will hopefully be applying for a new 457 visa (have had one before) anytime soon then once I have arrived in Australia I am hoping to submit my EOI for 189.

 

I would like to ask a few questions relating to the above visas if anybody can help that would be great.

 

So...

 

I have previously held a 457 visa which included my husband - this time my husband will not be coming with me straight away as he is currently studying at university and has another 2 years to go come September.

 

When we applied for this visa last time I as the main applicant had to provide a police check, if I am reading the information correctly it seems that we would both have to provide a police check this time?

 

If so...am I able to apply for the 457 visa without including my husband then apply to have him added on later on, once I have moved over?

 

The reason for this is that, all being well, I am due to start work in June and do not want my visa to be delayed as my husbands police check may not be straight forward as he wasn't exactly an angel before he turned 16. I believe his police certificate will probably state "no live trace" as he hasn't been in any trouble since he turned 16 and before that it was minor things which he merely got a clip around the ear for. My husband would be able to provide character references if needed. He has a clean record from the military and has been studying for the past 2 years now, currently studying for a degree in mechanical engineering. Basically he was a foolish young boy and misguided and had he not told me himself I would never have believed it. Obviously it is DIBP that we will need to prove this to.

 

I was also wondering after I have been granted my 457 visa how long do I have to wait before I can apply for the 189 visa?

 

If I am able to do this straight away I will most probably apply for this rather than try adding my husband to my 457 then at least we would only have to go through the whole police check for my husband once.

 

If I am able to apply for 189 visa straight away am I able to use police checks and medicals that I have provided for my 457 visa? Theoretically speaking they would still be valid as they would be under 12 months old (if the EOI comes through in time). Just thinking maybe I could save some pennies lol! Incase you were wondering I would be able to claim the maximum points required for the 189 visa.

 

Sorry if I have said anything that doesn't make sense but please ask if you want any further info.

 

Thanks,

Sara

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I can only help with a few of your questions:

 

- once granted a 457 visa, there's no minimum/maximum time before you can apply for your 189. You could have both applications going at the same time if you wanted, but the second one granted would over-write the first one so if the 189 came through first you'd want to immediately withdraw the 457 application.

- you can't reuse the medical as the 189 medical is more involved than any required for a 457 (typically just a chest x-ray). Police check could be reused if it hasn't expired.

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If you hold a positive skills assessment and meet the points requirement, there is no need to wait until you lodge your EOI, you can do it now, and if invited lodge application. There is no offshore/onshore distinction with these visas anymore so you can lodge offshore and wait onshore for the visa to be granted, if you husband is offshore when the visa is granted he will need to validate the visa, if you are onshore it will be valid on day of grant. With character issues it is always best to consult a registered migration agent as the character regulations can change.

 

As for the 457, you can apply by yourself, then if your husband wants to come over on a 457 visa you would then lodge another application for him to be added to the nomination as a secondary applicant. If your ready to lodge an EOI all going well you would expect visa granted for the 189 in less than 6 months.

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Thank you for your replies.

@MaggieMay24 as I am a nurse I have to have the full medical for that category which seems to be the same for temporary and permanent visas so I was hoping I could reuse mine if I went the 'my health declarations' route? As I would be onshore I presume I wouldn't have a validation date? I would probably wait until nearer the time before getting my husbands medicals done as he would be offshore. I suppose I will have to wait and see what happens but here's hoping lol.

@lebourvellec so does this mean that I wouldn't have to leave Australia and come back through immigration to validate? I didn't realise it had changed...for the better :smile:

 

Thanks

Sara

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