Australia has fully reopened its borders
-Late November 2021,opened to parents of PR holders and citizens, who could apply for a border exemption to enter
-15 December 2021,opened to holders of student visas/Subclass 485/489/491 and other temporary visas— holders could enter without a border exemption
-21 February 2021,opened to all visa categories (including bridging visas and visitor visas), markingthe near-complete reopening of Australia’s borders
An endless wait — especially prolonged
The reopening itself happened quickly, but from March 2020 to November 2021, the seemingly endless wait was exceptionally long and gruelling.
Unfortunately,there are still people caught in this seemingly endless wait——— those waiting overseas for their visa to be granted, particularly for migration visa categories.
Those who lodged their Subclass 189/190/491/489/887 applications from late 2019 to 2020 seem to have been forgotten.Shortly after lodging, they encounteredthe pandemic — chaos, shelved applications, delays, and policy changes, and endured nearly two years,yet have seen no priority processing or redress from the Department of Home Affairs,while applicants who lodged in 2021 or even 2022 under so-called ‘in-demand’ occupations have received updates, and earlier lodgements — except for a brief clearance of Subclass 189 cases — have heard nothing since.
One visa application has left onshore applicants with their lives on hold, and those offshore in an even more impossible position…
The Department won’t intervene — you have to find your own way .
Since the borders reopened, many people waiting offshore for their migration visa have asked,whether they can enter Australia first on a visitor visa or student visa?
Today we sharethe success story of client W, fromlodging the visitor visa through to approval and successfully entering Australia— the full journey.
Background on W’s family of three:
In mid-2020 they received a state nomination invitation and lodged their Subclass 190 visa application the following month,Although they were offshore at the time of lodgement, they still held a student visa. From lodgement to the present, there has been no grant. The family of three was keen to return to Australia as soon as possible. So——
On 11 February 2022, Newstars Melbourne lodged visitor visa applications for all three family members;
On 28 April 2022, the visitor visas for the whole family were granted;
In early May 2022, they successfully entered Australia: travelling via Shenzhen — by ferry to Hong Kong — then transiting through Singapore — flying to Melbourne
12 May 2022 — Bridging Visa A granted:After W entered Australia, we immediately lodged a Bridging Visa A application manually on their behalf. It was granted today — the day of this post — in just one day
While visa processing and border entry outcomes are case by case, based on our professional experience and our own clients’ situations, there is useful information we can share. We will now discuss:
– If you are waiting offshore for a migration visa grant, is it worth applying for a visitor visa to enter first?
– Sharing some experiences of travelling to Australia
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Waiting Offshore for a Migration Visa Grant — Can You Apply for a Visitor Visa to Enter First?
To reiterate,visa processing is case by case and requires individual assessment. A common question we hear is: if you have already lodged a migration visa application, does applying for a visitor visaconflict with the requirement that visitor visa applicants must not have a ‘migration intent’?
In fact, the Department of Home Affairs’ internal Procedures Advice Manual (PAM) specifically addresses this special circumstance — see the image below:If a skilled migration application is pending and only awaiting formal grant, that status can actually support your visitor visa application.
Therefore, if you are considering this approach,we particularly recommend it for applicants who have been waiting 1.5 years or longer — the waiting period may actually be a positive factor when the visa officer assesses the visitor visa.Of course, that does not mean the visitor visa is guaranteed in these circumstances —you still need to prepare all relevant documents, including the Genuine Temporary Entrant (GTE) requirement, thoroughly.
You can apply for a Bridging Visa after entry and remain in Australia
Regardless of whether you were offshore or onshore when you lodged your visa,as long as you hold a substantive visa (student visa/Subclass 485/working holiday visa, etc.), you are eligible upon entry toapply for a Bridging Visa A.
As in W’s case, after entering Australia you can manually apply for a Bridging Visa, and then remain onshore while waiting for the migration visa to be granted.
If your situation is similar —or if you are applying for Subclass 189/190/491/887, or even an offshore Subclass 309 Partner visa(as illustrated below), and alsooffshore student visas(most of those waiting over a year are PhD applicants),the aboveinformation applies equally to you,and you can explore these options based on your own circumstances.
As a final reminder: a standard visitor visa only allows a stay of three months in Australia. Given that current visitor visa processing times are generally two to three months, before deciding to use this approach to enter,you must carefully verify that you held a valid substantive visa at the time of lodgement and therefore meet the eligibility requirements to apply for a Bridging Visa upon entry. Otherwise, if you do not receive a Bridging Visa after entry and your migration visa has not been granted within those three months onshore, the whole trip will have been in vain.
If you are currently waiting offshore for your visa to be granted and would like to assess whether applying for a visitor visa or another visa type to enter first is right for you, contact us directly:
Experiences of Travelling to Australia
There is a lot of discussion and advice circulating about returning to Australia. We share some experiences gathered from clients who have entered — while these may not apply to everyone, they are useful as a reference:
– You may encounter the kind of good-faith questioning from border officials that W described, but if you answer honestly and provide the relevant documents, you will generally be cleared after inspection
– Clients who came purely as tourists in March to early April experienced more difficulties,but clients coming as students to study, parents visiting on visitor visas, or Subclass 485 holders returning to work and live in Australia mostly cleared without issue
Key points to note:
1. Direct flights between China and Australia are currently limited, so most travellers will need to transit.Research in advance and find out the health and quarantine requirements of any stopover or transit city.
2.Prepare every document you can think of —such as PCR test results, DPD declarations, vaccination certificates, visa information, and visa application documents —and print paper copies in case officers need to keep them for their records.
3.Answer questions from customs and border control officers as honestly as possible to avoid any unnecessary complications.
Most importantly of all — prioritise safety and comply with local health requirements above everything else!
We hope everyone receives their visa grant safely and soon
If you would like to assess a visitor visa application, or
explore the feasibility of entering on an early visa
↓↓↓feel free to contact us ↓↓↓
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