Guest kymosabi Posted November 1, 2009 Share Posted November 1, 2009 Hi. First time to PomsInOz, hope someone can help. My son's 417 working holiday visa runs out on Friday and he's been trying to get sponsored to stay here. He hasn't done any work in regional Aus and so can't extend his 417 for the second year. We've looked into ENS, subclass 121 and he falls short of the experience requirement. He's been doing plastering over here on his 417 and has someone who will sponsor him, we were going to take a chance but but they're worried they'll get into trouble if my son doesn't meet the requirements. He's got a plastering certioficate from the UK but no experience there, only the ~12mths here. We've looked into family sponsors, subclass 176 and 475, and he just falls short of the 12 months minimum experience requirement (both) and isn't in regional Aus (475). Also I've been told there's no bridging with these visas so he'll have to leave the country on Friday to get a tourist visa, then, if he's successful, leave and return again to get the sponsored visa activated. He's running out of time and is facing up to having to return to the UK and start again when he's got more experience. But he doesn't want to leave! Anybody and ideas? Thanks in anticipation, Kymosabi. Link to comment Share on other sites More sharing options...
Guest wanderer Posted November 1, 2009 Share Posted November 1, 2009 Well he has certainly left his run a bit late it would seem and there're really no magic wands re a 457 sponsorship. He'll either meet the requirements or not. The employer has to have his application and position nomination ready to go as well. If there's a chance of a 457 application getting up and you can get all the application stuff in by Friday, unless there was a 8503 no further stay condition [and that's most unlikely on a 417] giving it a shot is about all you can do I'd suspect but I'm not an IA. An IA may be able to suggest something else. Link to comment Share on other sites More sharing options...
connaust Posted November 1, 2009 Share Posted November 1, 2009 Hello, Possible solution is if by mid week no hope, get in touch, have helped similar... but a bit of hopping round Cheers Andrew Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted November 1, 2009 Share Posted November 1, 2009 Hi kymosabi Welcome to Poms in Oz. Why does your son need to leave Australia in order to apply for a tourist visa? That bit does not sound to me as if he has been correctly advised. The idea that your son might be able to get immediate Permanent Residency on an ENS 121 visa is fanciful, frankly. DIAC are becoming very fussy about this. In a nutshell it is most unlikely that your son has sufficient work experience to enable him to get a positive pre-migration skills assessment from Trades Recognition Australia: A-Z Occupations List - Australian Skills Recognition Information Australia recognises solid plasterers and fibrous plasterers (called dry liners in the UK.) Wihich type is your son? You say that your son has about 12 months experience as a plasterer in Australia and simply some sort of minor College ticket (prolly NVQ 1) from the UK. Have I understood you correctly? has someone who will sponsor him, we were going to take a chance but but they're worried they'll get into trouble if my son doesn't meet the requirements. DIAC do not impose penalties of any sort on employers or employees who misunderstand DIAC's criteria for a given visa. They are not that bad! However both you and the employer should be thinking about a temporary subclass 457 visa instead: Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457) They are become very fussy about 457 visas as well, though. Whereabouts in Oz are you? It will help if you are miles and miles away from one of the State capitals? A possible option is a Student visa for your son. The present law about this is described here: Students - Visas & Immigration If you are in Perth I would say, "Contact TAFE WA and Silver Trowel," because the only place that an International Student can learn either Solid Plastering or Dry Lining is in Perth. If you are in Brisbane then I would say, "Contact Mike Baker at Skills Tech TAFE in Brisbane and meanwhile persuade your son that he wants to become a Painter & Decorator!!" Skills Tech is the only place in Oz where an International Student can study Painting & Decorating. Hence I ask, "Where are you?" On a Student visa your son would be able to work for his current employer for 20 hours a week during the College term time and for unlimited hours during the College vacations. If he can live at home with you, a Student visa would be much less unaffordable for him than for many others. Cheers Gill Link to comment Share on other sites More sharing options...
Guest wanderer Posted November 2, 2009 Share Posted November 2, 2009 Gill, Why does your son need to leave Australia in order to apply for a tourist visa? That bit does not sound to me as if he has been correctly advised. It has always been the way with WHV and only normal extension is with a second WHV since they were introduced only a few years back. Getting an extension in exceptional circumstances is like if you have been in a bad accident, broken a leg etc. and cannot physically leave. I think there are even visas issued if you are being detained at HMP or displeasure. Working Holiday Visa (Subclass 417) Note: If you apply for a Tourist visa while in Australia on a Working Holiday visa, it can only be granted in exceptional circumstances, such as being unfit to travel. Student visa may be another option but quick moves needed for first of all a course has to be approved and then an offer made. This time of year I'd not expect too many courses if any commencing and a student visa only applies from about a month before course commencement. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted November 2, 2009 Share Posted November 2, 2009 Wanderer It has always been the way with WHV and only normal extension is with a second WHV since they were introduced only a few years back. That is not the point. Condition 8503 is not imposed on WH visas, therefore it should be possible to obtain a subclass 676 tourist visa without leaving Oz: Tourist Visa (Subclass 676) Gill Link to comment Share on other sites More sharing options...
Guest wanderer Posted November 2, 2009 Share Posted November 2, 2009 Gill, That is not the point. Condition 8503 is not imposed on WH visas, therefore it should be possible to obtain a subclass 676 tourist visa without leaving Oz: Yes, a first WHV417 would not have an 8503 and as we know DIAC have a whole host of regulations. Just because there is no 8503 and regardless of 676 conditions, an underlying principle of all regulations is that if DIAC does not see fit to issue a visa they will not. The point here is that a tourist visa will not normally be issued to extend the stay of a WHV unless there are exceptional circumstances and running out of time are not considered exceptional. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted November 2, 2009 Share Posted November 2, 2009 Wanderer The point here is that a tourist visa will not normally be issued to extend the stay of a WHV unless there are exceptional circumstances and running out of time are not considered exceptional. Absolute rubbish. It is very common indeed for WH Visa holders to work whilst they can and then get a tourist visa (onshore) in time for the expiry of the WH Visa. They use the money they have saved up from working to treat themselves to a holiday in Australia once they can no longer work in Oz. The sc 676 is the visa they have to apply for and in the absence of Condition 8503 they can apply for it onshore. Gill Link to comment Share on other sites More sharing options...
Guest wanderer Posted November 2, 2009 Share Posted November 2, 2009 Gill, Absolute rubbish. It is very common indeed for WH Visa holders to work whilst they can and then get a tourist visa (onshore) in time for the expiry of the WH Visa. Well, you can believe it is rubbish, but I'll believe otherwise. It would be interesting to hear comment from from an IA or do a call to whoever you like. But no WHV maker I've ever known [and I've known plenty] has been allowed to extend their stay past the expiry date of a WHV by getting an onshore tourist visa. You may recall the recent post of the guy caught out because he could not fly to NZ because he did not have a flight out of NZ booked. The very reason he wanted to fly to NZ was because he could not get an onshore tourist visa and what some WHVers do is fly to NZ, with an onward flight booked to somewhere [one that can be cancelled and a refund obtained] and then they get a tourist visa or ETA to return to Australia. If you believe kymosabi's son can get a tourist visa, he can certainly prove/disprove the situation. Link to comment Share on other sites More sharing options...
connaust Posted November 2, 2009 Share Posted November 2, 2009 I concur with Gollywobbler, provided somethingis done before expiry of existing visa..... but when left till last minute..... The study side of things specific trade courses may well be full and if he is not sure maybe look at study for personal development, e.g. VET business stream, multiple start dates, and much more economic (AUD2500-3800 per half year), depending upon which city? Link to comment Share on other sites More sharing options...
Guest Laura G Posted November 3, 2009 Share Posted November 3, 2009 I'm afraid I have to agree with Wanderer, you cannot apply for a 676 as standard from a 417 onshore unless their is exceptional circumstances You can apply for student visa sub class for example onshore. According to DIAC, a Working Holiday visa is to work and travel, therefore you should not need a Tourist visa. Often when you leave Australia and come back on an ETA, you get picked up by Immigration Officers asking why you are coming back, they ask if you have means to support yourself as 'no workrights' on a Tourist Visa. It is wise to have a bank statement in your hand luggage to evidence that you can support yourself or provide family address. DIAC is concerned that has people on WHV have made working contacts, that you will work illegally on a Tourist Visa. Link to comment Share on other sites More sharing options...
Guest wanderer Posted November 3, 2009 Share Posted November 3, 2009 Laura, I'm afraid I have to agree with Wanderer Don't be afraid!:wink: Well not unless you were going to be sneaky re Often when you leave Australia and come back on an ETA, you get picked up by Immigration Officers asking why you are coming back, they ask if you have means to support yourself as 'no workrights' on a Tourist Visa. It is wise to have a bank statement in your hand luggage to evidence that you can support yourself or provide family address. DIAC is concerned that has people on WHV have made working contacts, that you will work illegally on a Tourist Visa. But that is exactly right and I've come across a few people who have decided to run the risk, one even having a whole heap of business cards with her on returning and she was so lucky she had a reasonable tale to tell and a reasonable bank balance to show if she had been quizzed further. Link to comment Share on other sites More sharing options...
Guest kymosabi Posted November 4, 2009 Share Posted November 4, 2009 Hi all, Very many thanks for all your info, my son's ended up going for a tourist visa after all this to give him more time to work out what he wants to do. we're going to look in to some training, the silver trowel in perth has come up in other threads i've just noticed. not sure if this will be possible or suit him, so he has some research to do! I'll let you know how the visa application goes. Thanks again, Kymosabi Link to comment Share on other sites More sharing options...
Guest wanderer Posted November 4, 2009 Share Posted November 4, 2009 Hi kymosabi, re Hi all,Very many thanks for all your info, my son's ended up going for a tourist visa after all this..... That's about all he can do in the shorter term but if it's NZ he is planning to fly to, you just need to be aware of the restriction to be faced in flying there in that airlines will only take a passenger there if they have an outward bound flight booked for a country where the passenger has a right of entry. He may in theory be able to get away with booking a flight for there and a return to Australia on Friday and as soon as he arrives, go to a computer terminal and book an ETA or tourist visa if he holds a passport from a country for which that is allowed. If he leaves on Friday without a return flight for the same day, an airline may refuse to take him for after Friday he has no right of return back to Australia until he gets another visa. What people do in that situation is book a dearer flight to somewhere like Fiji, one that can be cancelled with a refund. And on arrival in NZ they do their ETA/tourist visa, cancel the Fiji flight and return to Australia and he'll possibly be questioned by immigration and needs to be clear on his purpose of returning - might be good if his purpose on returning is clearly just to be with you a bit longer before departing Australia. If he mentions anything else, there could be difficulties because as per regulations one should have intent of doing only that which a visa allows. If he is over in WA, it will possibly be cheaper for him to fly to KL with www.airasia.com and he can do his tourism visa and re-entry from there, but still needs to be focused on his visiting you reason. That Link to comment Share on other sites More sharing options...
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