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jonny

Moving on to tourist visa after quitting on 457

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Hi all,

My partner is currently on a 457 visa but looking to quit her job and then we'd be looking to travel around for a good few months (way more than the 90 days).

As far as I can tell, it's possible to "extend her stay for tourism purposes" using the eVisitor 600 visa while she is still in the country. Has anyone done this before? Do you know if it would just stack on to her 457 so that when she does quit, it would just take over?

Also (more importantly) that applying for it wouldn't affect her existing visa status or notify her employer. Of course, it would be possible to apply after shes hands in her notice so this wouldn't be an issue but it would be nice to make sure everything is in order before pulling that trigger.

(I will give a call to immigration after the weekend but figured others might have experience with this)

Thanks!


ACS: 26-Aug-14 | ACS +ve: 2-Sep-14 | Medical: 13-Nov-14 | IELTS: 22-Nov-14 (R:9, W:9, L:9, S:9) | UK PCC: 3-Dec-14 | Oz PCC: 18-Dec-14 | EOI submitted (65pts): 6-Dec-14 | Invite: 19-Dec-14 | Lodged: 19-Dec-14 (Onshore) | Granted: 17-Feb-15 (Yay!)

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Someone more knowledgeable might be along in a minute, but as far as I know, when a new visa is issued it overrides the old visa.  Therefore, when the visitor visa is issued, the 457 would become invalid and your partner will have to stop work at that point (because you can't work on a visitor visa).  I think the eVisitors are issued fairly quickly, so you should be okay to do it once she has finished work.  

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Don't ring immigraton, they are not there to advise and if they do give you info it is often wrong, especially in unusual cases like this. Much better to get advice from a registered agent.

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Second Nemesis. Don’t chance it calling immigration. They are not there to hand out visa advice and are known for being incorrect when they do do so. Run this past an agent.

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@jonny Hi, im in the same position and just recently spoken to Immig HelpLine and thats exactly what they said. The tourist visa should replace her current 457. 

Have you find out the solution for your girlfriend's situation? I would love to know... 

 

Thank you. 

 

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On 1/5/2018 at 20:12, jonny said:

Hi all,

My partner is currently on a 457 visa but looking to quit her job and then we'd be looking to travel around for a good few months (way more than the 90 days).

As far as I can tell, it's possible to "extend her stay for tourism purposes" using the eVisitor 600 visa while she is still in the country. Has anyone done this before? Do you know if it would just stack on to her 457 so that when she does quit, it would just take over?

Also (more importantly) that applying for it wouldn't affect her existing visa status or notify her employer. Of course, it would be possible to apply after shes hands in her notice so this wouldn't be an issue but it would be nice to make sure everything is in order before pulling that trigger.

(I will give a call to immigration after the weekend but figured others might have experience with this)

Thanks!

Hi jonny! I am currently in a similar position. How did your partner's application went? Were your partner's eVisitor 600 visa granted? Does it have a no further stay condition with it?

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Get some professional advice. For one thing they may not grant a tourist visa, as they may believe she will try to work on it. For another, if they do grant one it will replace the 457 as soon as it is granted. So she will be unable to work from the day it is granted.. It won't sit in the background till she decides to give up work. There wouldn't be any time to work out her notice.

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Hey all,

Thanks for the replies and sorry for the delay (lots of working things out). As everyone said, the immi site did pop up a warning that it would end her 457 immediately when it was granted.

We chose not to apply onshore as she had to go overseas for a month anyway. Applying onshore would have cost about $1,100 total because of a higher fee onshore - with a $700 fee because her current visa was applied for onshore (just something to be aware of if you have gone from WHV -> 457 before planning a tourist visa).

So now we're waiting to see if it is granted and has any conditions - I'll let you all know.

Thanks


ACS: 26-Aug-14 | ACS +ve: 2-Sep-14 | Medical: 13-Nov-14 | IELTS: 22-Nov-14 (R:9, W:9, L:9, S:9) | UK PCC: 3-Dec-14 | Oz PCC: 18-Dec-14 | EOI submitted (65pts): 6-Dec-14 | Invite: 19-Dec-14 | Lodged: 19-Dec-14 (Onshore) | Granted: 17-Feb-15 (Yay!)

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As an update to this:

  • The tourist visa was not granted before my partner came back onshore the first time and wasn't for a while (so she entered back in on the 457). It took about 8 weeks for grant.
  • My partner had to leave the country (for non-visa reasons) and when she did, the visa was granted the next business day. We were told it probably couldn't be granted while she was onshore because we applied offshore.
  • The 457 ended immediately when the tourist visa was granted.
  • It was a 3 month per stay / 1 year valid visa and it has no extra conditions like No Further Stay.

ACS: 26-Aug-14 | ACS +ve: 2-Sep-14 | Medical: 13-Nov-14 | IELTS: 22-Nov-14 (R:9, W:9, L:9, S:9) | UK PCC: 3-Dec-14 | Oz PCC: 18-Dec-14 | EOI submitted (65pts): 6-Dec-14 | Invite: 19-Dec-14 | Lodged: 19-Dec-14 (Onshore) | Granted: 17-Feb-15 (Yay!)

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On 16/06/2018 at 18:18, jonny said:

As an update to this:

  • The tourist visa was not granted before my partner came back onshore the first time and wasn't for a while (so she entered back in on the 457). It took about 8 weeks for grant.
  • My partner had to leave the country (for non-visa reasons) and when she did, the visa was granted the next business day. We were told it probably couldn't be granted while she was onshore because we applied offshore.
  • The 457 ended immediately when the tourist visa was granted.
  • It was a 3 month per stay / 1 year valid visa and it has no extra conditions like No Further Stay.

Just check her visa status on VEVO as not all types of visitor visas will automatically cancel a 457. 


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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15 hours ago, Raul Senise said:

Just check her visa status on VEVO as not all types of visitor visas will automatically cancel a 457. 

Thanks Raul. We had done this as soon as she got it and all was good ?


ACS: 26-Aug-14 | ACS +ve: 2-Sep-14 | Medical: 13-Nov-14 | IELTS: 22-Nov-14 (R:9, W:9, L:9, S:9) | UK PCC: 3-Dec-14 | Oz PCC: 18-Dec-14 | EOI submitted (65pts): 6-Dec-14 | Invite: 19-Dec-14 | Lodged: 19-Dec-14 (Onshore) | Granted: 17-Feb-15 (Yay!)

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On 16/06/2018 at 18:18, jonny said:

As an update to this:

  • The tourist visa was not granted before my partner came back onshore the first time and wasn't for a while (so she entered back in on the 457). It took about 8 weeks for grant.
  • My partner had to leave the country (for non-visa reasons) and when she did, the visa was granted the next business day. We were told it probably couldn't be granted while she was onshore because we applied offshore.
  • The 457 ended immediately when the tourist visa was granted.
  • It was a 3 month per stay / 1 year valid visa and it has no extra conditions like No Further Stay.

Hi Jonny,

I've been looking everywhere about this topic. I'm in a similar situation. I entered with 457 visa last year (valid for 3 more years) and thinking of going home or back to NZ for a while. I've just lodged an application for visa 461 (NZ citizen family member)- we didn't realised back then that we have this option, I could have had full working rights. Anyway, we are still in the early stage of our application and I need to be onshore before it is granted. I was thinking to resign and apply for tourist visa so I can still come back and visit my NZ partner here. When your 457 ended when the tourist visa was granted, did it say "cancelled"? I'm just worried that it may affect my current application for 461. Would appreciate any advice. Thank you.

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On 17/06/2018 at 23:04, Raul Senise said:

Just check her visa status on VEVO as not all types of visitor visas will automatically cancel a 457. 

Hi Raul, Jonny.

I'm in a similar situation where I applied offshore (from France my residence country) for a evisitor visa, while being on a 457. I decided to not work in australia anymore but just to travel for a couple month and then come back to france. It''s now been 7 I applied days and still no evisitor visa granted. Would I be able to flight back to Australia on my 457 waiting for my evisitor (651) to be granted, or once I lodged my 651 request the 457 is automatically cancelled?

Many thanks for your help, Lola.

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On 12 February 2019 at 19:38, lola diracks said:

Hi Raul, Jonny.

I'm in a similar situation where I applied offshore (from France my residence country) for a evisitor visa, while being on a 457. I decided to not work in australia anymore but just to travel for a couple month and then come back to france. It''s now been 7 I applied days and still no evisitor visa granted. Would I be able to flight back to Australia on my 457 waiting for my evisitor (651) to be granted, or once I lodged my 651 request the 457 is automatically cancelled?

Many thanks for your help, Lola.

Applying for a visa does not cancel an existing visa. It wouldn't get cancelled until the new visa is granted.

Assuming you are still employed by the 457 employer, the visa would still be valid and you can use it to re-enter oz. However if you no longer work for that employer the 457 should have been cancelled for that reason, not because of the new application. 

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