Entering Australia before 189 visa is granted

[Emily91]

Hi everyone, 

I am thinking about entering Australia before my 189 visa is granted. I know this is bold as it may get rejected, but I feel if everything goes it plan it's a good idea.

I am a school teacher and the hiring session is in August/September and I want to check out different locations to see where exactly I want to settle. Therefore, I want to get to Australia to try and figure out what locations and I like then be able to apply for jobs during the window of opportunity.  

Therefore, I'm thinking about risking it and assuming I will get my visa granted (applied in January and submitted health checks in April; therefore, I'm not sure if my processing time starts in January or April) and heading to Australia to start looking for a job.  

But I am not sure if I am allowed to enter Australia before my visa is granted.  If I can what visa should I apply for?  I am googling away over here and thought maybe someone would know or have any insights before a big leap of faith.  

I appreciate the guidance. 

Thank you! 

[FirstWorldProblems]

Given how important getting this right is, I would urge you to spend a few hundred pounds and get professional advice.  There are a few highly regarded agents here. I personally found Paul Hand to be very helpful. 
 

You wouldn’t want to get this wrong and do something that could have consequences for you 189 (like getting caught looking for work on a tourist visa). 

[Marisawright]

1 hour ago, Emily91 said:

I am thinking about entering Australia before my 189 visa is granted. I know this is bold as it may get rejected, but I feel if everything goes it plan it's a good idea.

I am a school teacher and the hiring session is in August/September and I want to check out different locations to see where exactly I want to settle. Therefore, I want to get to Australia to try and figure out what locations and I like then be able to apply for jobs during the window of opportunity.  

It's very common for people to come for a holiday before their visa is granted, to explore things like where they want to settle.   You just get an ordinary tourist visa.  

The problem is that you are NOT ALLOWED to look for work while on a tourist visa.  If Immigration suspects that's why you're there, they'll cancel the visa and put you back on the next plane. So don't bring printed resumes or certificates or anything that would give you away.  If asked, just say you're coming to check out different locations.  

The problem with applying for jobs is that most employers will just say, "Yes, we'd love to have you, but come back to us when you've got the visa."   They know there's no predicting when the visa might come through, so if there's a local candidate, they'll take them rather than risk you not being ready to start for months. 

[Emily91]

3 hours ago, FirstWorldProblems said:

Given how important getting this right is, I would urge you to spend a few hundred pounds and get professional advice.  There are a few highly regarded agents here. I personally found Paul Hand to be very helpful. 
 

You wouldn’t want to get this wrong and do something that could have consequences for you 189 (like getting caught looking for work on a tourist visa). 

Thank you! 

[Emily91]

2 hours ago, Marisawright said:

It's very common for people to come for a holiday before their visa is granted, to explore things like where they want to settle.   You just get an ordinary tourist visa.  

The problem is that you are NOT ALLOWED to look for work while on a tourist visa.  If Immigration suspects that's why you're there, they'll cancel the visa and put you back on the next plane. So don't bring printed resumes or certificates or anything that would give you away.  If asked, just say you're coming to check out different locations.  

The problem with applying for jobs is that most employers will just say, "Yes, we'd love to have you, but come back to us when you've got the visa."   They know there's no predicting when the visa might come through, so if there's a local candidate, they'll take them rather than risk you not being ready to start for months. 

Thank you for your help!  Just to make sure I understand, they will cancel the 189 visa or tourist visa or both? 

By chance, do you know the answer to "I applied in January and submitted health checks in April; therefore, I'm not sure if my processing time starts in January or April."

Thank you! 

[Ken]

5 hours ago, Emily91 said:

Thank you for your help!  Just to make sure I understand, they will cancel the 189 visa or tourist visa or both? 

By chance, do you know the answer to "I applied in January and submitted health checks in April; therefore, I'm not sure if my processing time starts in January or April."

Thank you! 

Your processing time started in January. If they got to the point where they needed your health checks, they would have contacted you and paused processing until the health checks were received. The health checks used to be one of the last things before the visa is issued. Unless that has changed then (based on the fact that they haven't issued the visa yet) it seems highly unlikely that they had got to that point in your processing by April.

[Marisawright]

5 hours ago, Emily91 said:

Thank you for your help!  Just to make sure I understand, they will cancel the 189 visa or tourist visa or both? 

They'll cancel the tourist visa and you'll have a black mark on your immigration record, which could destroy your chances of getting the 189.

[paulhand]

8 hours ago, Marisawright said:

The problem is that you are NOT ALLOWED to look for work while on a tourist visa.  If Immigration suspects that's why you're there, they'll cancel the visa and put you back on the next plane. So don't bring printed resumes or certificates or anything that would give you away.  If asked, just say you're coming to check out different locations.  

Both the eVisitor and the ETA visas prohibit work other than ‘business visitor activity’ which is defined in the regulations as including “making a general business or employment enquiry”. If the OP is just going for interviews then she is not in breach of this condition.  Having a permanent visa application in the pipeline reinforces the rationale for any employment enquiry. 

 

[Nemesis]

8 hours ago, paulhand said:

Both the eVisitor and the ETA visas prohibit work other than ‘business visitor activity’ which is defined in the regulations as including “making a general business or employment enquiry”. If the OP is just going for interviews then she is not in breach of this condition.  Having a permanent visa application in the pipeline reinforces the rationale for any employment enquiry. 

 

Thanks Paul, I hope the OP sees this reply; I was a bit confused by the original reply saying that you aren't allowed to look for work as I always assumed you could. The OP can certainly do interviews, just cant actually take on a job and start working without the grant of the 189.

Possibly best to just have the CV etc on a device ready to print, rather than arriving with loads of paper copies though!

[FirstWorldProblems]

My error - I’ve watched one too many episodes of Border Security and got the wrong impression…..

[Emily91]

12 hours ago, Ken said:

Your processing time started in January. If they got to the point where they needed your health checks, they would have contacted you and paused processing until the health checks were received. The health checks used to be one of the last things before the visa is issued. Unless that has changed then (based on the fact that they haven't issued the visa yet) it seems highly unlikely that they had got to that point in your processing by April.

Thank you! 

[Emily91]

11 hours ago, paulhand said:

Both the eVisitor and the ETA visas prohibit work other than ‘business visitor activity’ which is defined in the regulations as including “making a general business or employment enquiry”. If the OP is just going for interviews then she is not in breach of this condition.  Having a permanent visa application in the pipeline reinforces the rationale for any employment enquiry. 

 

Thank you! 

[Rob Frain]

20 hours ago, Emily91 said:

Thank you for your help!  Just to make sure I understand, they will cancel the 189 visa or tourist visa or both? 

By chance, do you know the answer to "I applied in January and submitted health checks in April; therefore, I'm not sure if my processing time starts in January or April."

Thank you! 

When we applied in May it instantly asked us to book our health checks. Does that mean my processing time stopped straight away until we submitted the health checks in late May?

[SWMOY04]

 

Could it be worth waiting and seeing if Visa gets approved anyway and then just travel once?

Edited July 12, 2023 by SWMOY04

[Emily91]

16 hours ago, SWMOY04 said:

 

Could it be worth waiting and seeing if Visa gets approved anyway and then just travel once?

I am weighing it out. I am just nervous as Rob pointed out, "When we applied in May it instantly asked us to book our health checks. Does that mean my processing time stopped straight away until we submitted the health checks in late May?". However, Ken explained, "Your processing time started in January. If they got to the point where they needed your health checks, they would have contacted you and paused processing until the health checks were received. The health checks used to be one of the last things before the visa is issued. Unless that has changed then (based on the fact that they haven't issued the visa yet) it seems highly unlikely that they had got to that point in your processing by April."  Therefore, I am still not entirely sure if my visa went into the queue in January or April. 

 

[Rob Frain]

39 minutes ago, Emily91 said:

I am weighing it out. I am just nervous as Rob pointed out, "When we applied in May it instantly asked us to book our health checks. Does that mean my processing time stopped straight away until we submitted the health checks in late May?". However, Ken explained, "Your processing time started in January. If they got to the point where they needed your health checks, they would have contacted you and paused processing until the health checks were received. The health checks used to be one of the last things before the visa is issued. Unless that has changed then (based on the fact that they haven't issued the visa yet) it seems highly unlikely that they had got to that point in your processing by April."  Therefore, I am still not entirely sure if my visa went into the queue in January or April. 

 

On your immipage does it say received or processing (or something similar)?

[SWMOY04]

3 hours ago, Emily91 said:

I am weighing it out. I am just nervous as Rob pointed out, "When we applied in May it instantly asked us to book our health checks. Does that mean my processing time stopped straight away until we submitted the health checks in late May?". However, Ken explained, "Your processing time started in January. If they got to the point where they needed your health checks, they would have contacted you and paused processing until the health checks were received. The health checks used to be one of the last things before the visa is issued. Unless that has changed then (based on the fact that they haven't issued the visa yet) it seems highly unlikely that they had got to that point in your processing by April."  Therefore, I am still not entirely sure if my visa went into the queue in January or April. 

 

so the screenshot I shared for you is based on a mid-January submission

maybe have a play around on this part of the website with both your "actual" submission date in January and then your "medical records" submission date and see if you like the results? Just trying to help, I was in a similar boat about 5 years ago and I was glad I waited literally two weeks and the 189 came through.

[Emily91]

3 hours ago, Rob Frain said:

On your immipage does it say received or processing (or something similar)?

It says "Received".  When I go to my health checks page it says, "All health examinations required for the specified visa subclass have been finalised. Processing of this person's visa application can now continue. This will not occur until a case officer investigates the case in line with published processing times for the visa that has been applied for. Do not contact the department about health examinations in the meantime." 

What does your say? 

[paulhand]

9 hours ago, Emily91 said:

Therefore, I am still not entirely sure if my visa went into the queue in January or April. 

There isn’t really a queue as such for skilled or partner visas. Skilled visas are processed in line with the instructions to the Department from the minister contained in a Ministerial Direction. 
 

Medicals are automatically requested when you lodge the application and if you haven’t actually completed them when someone picks up the application, you will get a manual request to do them.  A manual request would generally suggest that everything else was decision ready, but people’s mileage varies on how quickly they get a response after that. It’s important to click the ‘I have provided the necessary information’ button after completing any manual request. 

[Emily91]

10 hours ago, paulhand said:

There isn’t really a queue as such for skilled or partner visas. Skilled visas are processed in line with the instructions to the Department from the minister contained in a Ministerial Direction. 
 

Medicals are automatically requested when you lodge the application and if you haven’t actually completed them when someone picks up the application, you will get a manual request to do them.  A manual request would generally suggest that everything else was decision ready, but people’s mileage varies on how quickly they get a response after that. It’s important to click the ‘I have provided the necessary information’ button after completing any manual request. 

Thank you so much!!

I'm probably overthinking it,  but this has been bothering me. I originally wanted to enter the country at a later date but my circumstances have changed and I want to enter sooner rather than later.  Will the date that I put on my visa as an, "expected entry date" impact when they look at my application? 

[Nemesis]

4 hours ago, Emily91 said:

Thank you so much!!

I'm probably overthinking it,  but this has been bothering me. I originally wanted to enter the country at a later date but my circumstances have changed and I want to enter sooner rather than later.  Will the date that I put on my visa as an, "expected entry date" impact when they look at my application? 

No. I bet very few people actually enter in the date they first mentioned. As you said yourself, you're overthinking it 

[Rob Frain]

20 hours ago, Emily91 said:

It says "Received".  When I go to my health checks page it says, "All health examinations required for the specified visa subclass have been finalised. Processing of this person's visa application can now continue. This will not occur until a case officer investigates the case in line with published processing times for the visa that has been applied for. Do not contact the department about health examinations in the meantime." 

What does your say? 

Exactly the same.

[Emily91]

16 hours ago, Nemesis said:

No. I bet very few people actually enter in the date they first mentioned. As you said yourself, you're overthinking it 

hah thank you! 

[Emily91]

Hi everyone, 

My visa was granted! 

Thank you for all your help :)