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How can I visit Australia when my 188 visa application is being processed?

Can I visit Australia as a tourist while my 188 visa application is being processed? Will there by any so-called "immigration intent" issues when I enter as a tourist?


Answers
  • Quentin Kuo Law + Immigration
    April 28, 2020

    This is a tricky situation that you have diligently pointed out. While in most cases, a capable person may be able to get by. The visitor visa application would need to be carefully drafted to make clear the situation to the case officer assessing your visitor visa. Since you have lodged a 188 Visa, you will need to go further than the ordinary and simple visitor visa application to show that you are a genuine temporary entrant and there are more involved for you in your visitor visa application. This will require careful assessment.

  • Julian-Armitage Migration Lawyers (JAM)
    April 14, 2020

    You cannot at present, but when restrictions are lifted you can do so on a visitor visa.

  • ANZ Migration
    April 12, 2020

    If you apply for an enter Australia under a visitor visa during the visa processing, you still need to comply with the general temporary entrant requirements of visitor visa. You're not given a concession because you have applied for a business visa (although it may assist with the processing of the visa). The visitor visas (including the subclass 600 and ETA) have business visitor streams - I would generally recommend using this option, especially if you are looking into investment/business matters while in Australia. Do also be aware that if you held a visa for Australia when you lodged the subclass 188, you may be eligible for a bridging visa to continue to remain in Australia during the processing of your visa. You may need to make the application for the bridging visa once you're in Australia, and it eligible it will take effect when you are in Australia and the visitor visa stay period ceases. In this case, the bridging visa will have the rights to work (and conduct business activities).

  • Education Overseas Academy
    April 11, 2020

    You can apply for a visitor visa to come to Australia while you are waiting on an application (such as subclass 188) outcome so long as the temporary visa matches your intentions.  If you are waiting for the decision on a substantive visa (such as subclass 188 visa) and want to visit Australia for holidays or some research on another investment opportunity, you can. However, it must be noted that visitor visas are for genuine visitors. You must intend to stay only temporarily in Australia. However, if you are not able to establish that you are a genuine visitor your visa may be canceled. Therefore, you must establish your purpose of the visit is genuine.

  • Regis Legal
    April 11, 2020

    Yes, you may visit on a tourist visa. However, each individual is assessed based on one's own visa background and genuine temporary intent to remain in Australia. If you had a background of visa refusals or cancellations before, then it is not advisable to apply for a tourist visa just yet. However, most people do not have any problems coming in during their visa processing if they have had a good historical record in immigration and can prove genuine temporary intent to remain, such as businesses/job/assets and other going concerns, family ties, stable economic conditions in the home country.