kkhcivil Posted March 3 Share Posted March 3 Hi Dear Experts, My brother holds a 3 months visitor visa (Subclass 600) which does not have any "no further stay" conditions. He visited Australia and returned overseas 5 years ago on Subclass 600, too. His ideal plan: Enter to Australia and then apply for TSS 482 (under Labour agreement) and hoping to be automatically granted a Bridging Visa with working right to allow him to work in Australia while his TSS 482 (under Labour agreement) is being processed. Questions: 1. Will he be automatically granted a Bridging Visa with working right after applying for TSS 482 (under Labour agreement) onshore? 2. If not, is he entitled to apply for a Bridging Visa with working right after applying for TSS 482 (under Labour agreement) onshore? Looking forward to hearing your technical views. Thanks. Quote Link to comment Share on other sites More sharing options...
Quoll Posted March 3 Share Posted March 3 2 hours ago, kkhcivil said: Hi Dear Experts, My brother holds a 3 months visitor visa (Subclass 600) which does not have any "no further stay" conditions. He visited Australia and returned overseas 5 years ago on Subclass 600, too. His ideal plan: Enter to Australia and then apply for TSS 482 (under Labour agreement) and hoping to be automatically granted a Bridging Visa with working right to allow him to work in Australia while his TSS 482 (under Labour agreement) is being processed. Questions: 1. Will he be automatically granted a Bridging Visa with working right after applying for TSS 482 (under Labour agreement) onshore? 2. If not, is he entitled to apply for a Bridging Visa with working right after applying for TSS 482 (under Labour agreement) onshore? Looking forward to hearing your technical views. Thanks. I thought this was a visa that employers are able to use if they can prove that they can't find an Australian to do a specific job for a short period not a generic application process. He should enter on that visa, not arrive then hope to find something. Usual rule of thumb is that your bridging visa has the same conditions as the visa you are bridging from so if you're a tourist you stay a tourist. But talk to an agent they'll tell you if it's reasonable or not. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted March 3 Share Posted March 3 7 hours ago, kkhcivil said: Hi Dear Experts, My brother holds a 3 months visitor visa (Subclass 600) which does not have any "no further stay" conditions. He visited Australia and returned overseas 5 years ago on Subclass 600, too. His ideal plan: Enter to Australia and then apply for TSS 482 (under Labour agreement) and hoping to be automatically granted a Bridging Visa with working right to allow him to work in Australia while his TSS 482 (under Labour agreement) is being processed. Questions: 1. Will he be automatically granted a Bridging Visa with working right after applying for TSS 482 (under Labour agreement) onshore? 2. If not, is he entitled to apply for a Bridging Visa with working right after applying for TSS 482 (under Labour agreement) onshore? Looking forward to hearing your technical views. Thanks. Finding an employer for a 482 can take some considerable time and you cannot apply for the 482 until they have sorted out the sponsorship side of it. That can take considerably more than 3 months. And if this is the same person who wants to apply for a Protection Visa, and get working rights on a Bridging Visa to that, then that person seriously needs professional advice from a MARA agent. 2 Quote Link to comment Share on other sites More sharing options...
AndrewMcD Posted March 3 Share Posted March 3 (edited) Condition 8503, the "no further stay" condition must be imposed on all 600 subclass visas other than a Business Visitor, (when it may be imposed at the decision makers discretion). Is your brother absolutely sure he does not have a No further stay restriction? It would be unusual. Immi have powers under the Act (S109) to cancel a visa when incorrect information has been provided. A condition of grant for a SC600 Visa is to be a genuine temporary entrant so an onshore 482 visa application from a 600 Business Visitor would possibly raise questions. This could lead to the S109 cancellation of the SC600 and a subsequent S48 bar on future applications. A SC482 can be applied for on or offshore and 50% are processed within 42 days (and 90% inside 4 months). It is probably much safer for your brother to use his SC600 to meet people, network and try to find a sponsor and then return to his home country to make the 482 Application. (This is generic information and should not be relied on as Migration Assistance) Edited March 3 by AndrewMcD 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted March 4 Share Posted March 4 9 hours ago, AndrewMcD said: Condition 8503, the "no further stay" condition must be imposed on all 600 subclass visas other than a Business Visitor, (when it may be imposed at the decision makers discretion). Is your brother absolutely sure he does not have a No further stay restriction? It would be unusual This is incorrect. 8503 is not mandatory for subclass 600 visas other than family sponsored, approved destination status and frequent traveller streams. For all other applicants it is discretionary and departmental policy discourages its use in these cases. 1 Quote Link to comment Share on other sites More sharing options...
kkhcivil Posted March 4 Author Share Posted March 4 Hi everyone, Thank you for your responses. Yes, there is no "No Further Stay" condition on his visa 600. He already started to talk to some employers in Australia. Given that his situation is not a straight forward one, he is going to talk to a MARA agent. Thank YOU. Quote Link to comment Share on other sites More sharing options...
Ausvisitor Posted March 4 Share Posted March 4 1 hour ago, kkhcivil said: Hi everyone, Thank you for your responses. Yes, there is no "No Further Stay" condition on his visa 600. He already started to talk to some employers in Australia. Given that his situation is not a straight forward one, he is going to talk to a MARA agent. Thank YOU. If he is in Australia at present I think technically he shouldn't even be talking to employers on a 600 visa, as its an activity related to work. He should (if AUS visas work the same as US and Canadian ones) go offshore and communicate whilst not in country, but maybe the AUS visas is not quite so restrictive Quote Link to comment Share on other sites More sharing options...
paulhand Posted March 4 Share Posted March 4 45 minutes ago, Ausvisitor said: If he is in Australia at present I think technically he shouldn't even be talking to employers on a 600 visa, as its an activity related to work. He should (if AUS visas work the same as US and Canadian ones) go offshore and communicate whilst not in country, but maybe the AUS visas is not quite so restrictive Talking to prospective employers is fine. Condition 8101 prohibits "work in Australia". Work is defined in law as "an activity that, in Australia, normally attracts remuneration". 1 Quote Link to comment Share on other sites More sharing options...
AndrewMcD Posted March 4 Share Posted March 4 14 hours ago, paulhand said: This is incorrect. 8503 is not mandatory for subclass 600 visas other than family sponsored, approved destination status and frequent traveller streams. For all other applicants it is discretionary and departmental policy discourages its use in these cases. I don't agree. There are five streams in the 600 - Tourist, Sponsored Family, Business Visitor, Approved Destination and Frequent Traveller. 600.613(b) says 8503 "may" be imposed on a Business Traveller visa. 600.611(2), 600.612, 600.614 and 600.615 all say 8503 "must" be imposed on the other streams. Quote Link to comment Share on other sites More sharing options...
paulhand Posted March 4 Share Posted March 4 32 minutes ago, AndrewMcD said: I don't agree. There are five streams in the 600 - Tourist, Sponsored Family, Business Visitor, Approved Destination and Frequent Traveller. 600.613(b) says 8503 "may" be imposed on a Business Traveller visa. 600.611(2), 600.612, 600.614 and 600.615 all say 8503 "must" be imposed on the other streams. Read 600.611 more carefully … specifically 600.611(3). Quote Link to comment Share on other sites More sharing options...
AndrewMcD Posted March 4 Share Posted March 4 20 minutes ago, paulhand said: Read 600.611 more carefully … specifically 600.611(3). You're right, I scanned it and missed that part, it is a may not a must 1 Quote Link to comment Share on other sites More sharing options...
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