Tourist visa at the end of a WHV?

[damo]

Hi guys,

Im wondering if it is possible to get a tourist visa when my WHV finishes? Would it require me to leave the country to apply or can i just get it added on when my visa finishes? Also, what are the chances of being able to get one longer than 3 months? i know there is a 6 and 12 month option but i think they may only be in special circumstances?

Thanks

[nvoorst]

You can apply for a Tourist Visa, as long as your current visa does not have any conditions on it preventing you from doing so (like "No Further Stay") . You must also have abided by the conditions of your current visa, be a genuine visitor and have sufficient funds for your stay. There is nothing stopping you from applying for a 6 or 12 month visa.

http://www.immi.gov.au/allforms/pdf/601.pdf

[Sheelagh Blanckenberg]

Nick's advice is sound.

Also be mindful that as you will be coming off a WHV, questions may be asked why you are applying for a tourist visa after being in Australia on a working holiday. What are you intending to do on a tourist visa you have not already done on your WHV?
Goes to establishing the genuiness of your wishing to remain in Australia as a visitor and not for some other purpose eg. to continue working or pursue a budding relationship with an Australian partner, that sort of thing.

[downundervisa]

Yes, as is Sheelagh's advice (sound, that is).

Whenever I have a client ask me about a Visitor (tourist) Visa, I always ask a few questions about what it is for. In most cases I find that there's a non-tourism reason for the visa. And if I can figure this out, so can the Department. Visitor Visas are for tourism purposes only, ie. "visiting friends and/or relatives, and sightseeing". They're not generic, non-specific, all-things-to-all-people visas. And there's nothing the Department hates more than someone trying to fudge "the system".

So tell us? Why do you want the visa? Let us know, and we may well be able to guide you toward something more appropriate.

[damo]

Ok guys, thanks for the replies, i'll be 100% truthful as it's the only way to be.

Im hopeful that my boss will sponsor me before my WHV finishes but if that doesn't work out then my australian girlfriend and I are planning to go travelling around europe in january 2011. My WHV finishes in October so rather than being apart for 3 months i'd like to stay here until we go travelling. We can't do it any earlier as she doesnt finish uni until November/December and wants to spend Christmas here with her family. I've spent almost all of my time in Melbourne working and actually wouldn't mind seeing a bit more of Australia as I've not been to Qld and only to NSW for 2 days. all help is much appreciated

[downundervisa]

Thanks for that, Damo. It definitely DOES help. And what you're asking for does not sound in any way unreasonable. If you do go down that pathway, then I'd suggest that you spell out your reasons just as truthfully in your application. Show them evidence of your planned trip to Europe (expecially if you've bought tickets and made bookings, etc), so they can see you're not planning on overstaying.

Regarding sponsorship from your employer? Have you asked him/her? Most employees seem to want to put off asking until the last minute. Most EMPLOYERS, once they have a good employee, are absolutely delighted to fill out a nomination form. Good (and LOYAL) employees are very hard to find these days. So for your own sake, go and ask!

Your other option is if you want to go down some sort of partner visa pathway with your girlfriend? I don't know how serious your relationship is, but if it's a permanent relationship then you should give this some thought?

And whatever you do, I suggest that you contact one of the excellent Registered Migration Agents here on the forum (click on the names and you'll get contact details) and see about getting some professional help?

[damo]

I dont think that by the time my WHV has expired that i will have paid for my tickets to Europe simply because if i book a flight to europe from Aus, in jan 2011 yet my WHV finishes in october 2010 then if i dont get a tourist visa that flight will be no good for me.

As for sponsorship from my employer, I raised the question with him about a month after i started working with him and he was open to the idea but he said it was still early days and he needed to see how things went before he could make such a decision. I've now been working for him almost 3 months so I'm thinking its nearly time i asked again but i dont want to annoy him by asking too much.

In regards to a partner visa, im afraid we dont meet the 12 month living together period. Our relationship is serious but not to the point where we would be ready for marriage etc, so we dont qualify for any type of partner visa (that i'm aware of) Although we do live in melbourne and i know we can register our relationship which I think may mean that we dont need to have 12 months living together but i dont know if that is 100% accurate or what else it entails.

The stress of this whole process really takes it toll but i think im actually now getting to grips with it. If my boss agrees to sponsor me then that would basically sort all my problems out (providing the sponsorship is accepted) I'm curious as to what grounds a sponsorship may be refused?

Again all help is appreciated

[downundervisa]

On both the sponsorship area and the partner area we would need more information in order to help you, Damo. You'd need to have your situation assessed in detail, and that's beyond the scope of what can be done on a forum. I suggest you contact one of the agents here?

[digger]

Have any agents actually processed an extension for a WHV holder or know of a person on a WHV having received a tourist visa?

For despite the form 601 the Immigration web site information on WHV clearly says a tourist visa will be granted only in exceptional circumstances.
http://www.immi.gov.au/visitors/working-holiday/417/how-the-visa-works.htm

I know of WHV people who in wanting to stay longer after either a first or second WHV have found a need to leave Australia, usually a trip to NZ and then apply for an ETA.

So I would be curious to know of DIAC interpreting the site information differently to that stated and ruling accordingly.

[nvoorst]

The issue is someone on a WHV/Tourist Visa staying in Australia for more than 12 months

"Exceptional circumstances must exist for granting the Tourist (subclass 676) visa, if the total period of authorised stay as the holder a visitor visa (456, 459, 676, ETA eVisitor, 679) or Working Holiday (subclass 417) visa would exceed 12 consecutive months . In all cases where applicants have recently spent 12 months or more in Australia cumulatively, but not consecutively, officers should consider carefully whether the applicant continues to meet the “genuine visitor” requirement".

[digger]

The issue is someone on a WHV/Tourist Visa staying in Australia for more than 12 months

"Exceptional circumstances must exist for granting the Tourist (subclass 676) visa, if the total period of authorised stay as the holder a visitor visa (456, 459, 676, ETA eVisitor, 679) or Working Holiday (subclass 417) visa would exceed 12 consecutive months . In all cases where applicants have recently spent 12 months or more in Australia cumulatively, but not consecutively, officers should consider carefully whether the applicant continues to meet the “genuine visitor” requirement".

So in damo's case of getting to the end of his WHV are the exceptional circumstances for a tourist visa to be possibly granted going to be as stated on the 417, something like being unfit to travel?

[nvoorst]

are the exceptional circumstances for a tourist visa to be possibly granted going to be as stated on the 417, something like being unfit to travel?

Yes, that could be the case if there was a requirement for exceptional circumstances.