About applying 835 visa onshore

[Angela_auntie]

Hey guys, I am considering to sponsor my younger brother to apply for subclass 835 visa onshore. He currently holds a 500 visa, doing language course and TAFE. Considering the ever-changing immigration policy, we are thinking to apply for 835, our main concern is to let him stay legally in Australia with my family, while waiting for the outcome of 835. I got a couple of questions and hope you guys can help:

• I previously sponsored my parent to apply for subclass 143 visa, their visa have been granted on Jan 2020, am I okay to sponsor my brother now, is there a specific rule that restrict me to sponsor many people within certain period of time? I mean sponsor, not Assurance of Support.
• If my brother apply for 835 now, will he get a bridging visa straight away, or have to wait until his current visa 500 expires? 
• In case my brother can’t finish study before his current visa expire, can he continue his remaining study under the bridging visa? 
• Can my brother work full time under the bridging visa (if granted), or the bridging visa will grant him the same right as visa 500, i.e. work 20 hours max during school term?

Thank you for the advice! Much appreciated!

[VERYSTORMY]

He would need to take a huge amount of professional advice. This visa has a processing time in many decades, so he faces a life stuck on a bridging visa that can result in 

its of consequences such as no access to lots of normal state / government programs that people take for granted. 

[Tulip1]

I assume your brother is from a different parent to the one that’s just got the parent visa? Otherwise he would surely have gone on that application as a dependant? 

[Marisawright]

You need to get a good agent.  

I am not an expert, but as I understand it:

• The bridging visa will come into effect when the 500 visa expires, not before
• As he is bridging from a student visa, he may get the same work rights as the student visa (a professional agent will know).  But normally that bridging visa has no work rights.
• If the visa has no work rights, he could apply for full work rights if he can prove hardship, but it is not guaranteed he will be approved.
• Note however that it can be hard to find a job on a 835 bridging visa, because employers do not understand it.

[TinaClarke]

1. AoS for sub143 lasts for 10 years. By the time your brother's application is assessed, you would be eligible for a new one.  

2. Bridging visa to sub835 will come into effect after sub500 naturally expires.
3. In most cases,  bridging visa to sub835 would offer the permission of study, if not, still fixable.  
4. If sub500 expires and he is on briding visa, then he can work freely (if no work permission then you need to apply for it).

[Angela_auntie]

30 minutes ago, TinaClarke said:

1. AoS for sub143 lasts for 10 years. By the time your brother's application is assessed, you would be eligible for a new one.  

 

Hi Tina, thanks so much for your reply. I actually mean whether I am eligible to be a sponsor (not assurer)for my brother even I just sponsored my parent recently.

My understanding is that sponsor and assurer can be two different person, sponsor must be closed family member, assurer can be either sponsor or even a company as long as they meet the Centrelink AoS requirement. 

[TinaClarke]

Yes you are if you are a" parent or step-parent, sibling or step-sibling, or an eligible partner of your relative." of him.