Tuesday, November 12, 2024

Tourist on a visit visa 600 cannot apply 491

I am on a 491 visa. Can i apply my spouse's subsequent 491visa while my partner is onshore on visit visa 600?

Unfortunately, the answer is likely no. While it's great that your partner is onshore, the 600 visitor visa doesn't usually allow for applying for another visa from within Australia.
Here's why:
 * Visitor Visa Conditions: The 600 visitor visa is designed for temporary stays, like tourism or visiting family. It generally prohibits applying for most other visas while in Australia.
 * 491 Visa Requirements:  The 491 visa, even as a subsequent entrant, usually requires the applicant to be outside Australia when the application is lodged and decided.
Possible Exceptions:
There might be very limited exceptions to this rule, such as:
 * Compelling Reasons:  If there are strong compassionate or compelling reasons, like a medical emergency or a significant change in circumstances, your partner might be able to apply for a waiver of the usual requirements. This is rare and would need to be thoroughly documented.
 * Bridging Visas: In some cases, if your partner had a different visa that allowed further visa applications and that visa is expiring, they might be eligible for a bridging visa that allows them to stay in Australia while a new application is processed. However, this is dependent on the specific circumstances and the type of previous visa.
Recommendations:
 * Consult an Immigration Lawyer or Registered Migration Agent: This is the best way to get accurate and personalized advice for your specific situation. They can assess your partner's eligibility and advise on the best course of action.
 * Check the Department of Home Affairs Website: The official website (https://immi.homeaffairs.gov.au/) has detailed information on visa requirements and application processes.
Important Note: Immigration rules can be complex and subject to change. Always rely on official sources and professional advice for the most up-to-date information.

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