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Skilled Independent 189 (PT) or Skilled Regional (Provisional) 489 (Fam)

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Hi PerthPoms community! Currently trying to manoeuvre through the maze of figuring out the best visa to apply for and how to go about doing so. My understanding, from reading around, is that we (myself, my wife and two young children - 4y.o and 1y.o) would be eligible for both the Skilled Independent 189 (PT stream) or the Skilled Regional 489 provisional (family sponsored stream) visas. We are location independent with regards to work, so essentially we won't be looking for employment in Aus/WA/Perth and we're considering the South West/Margaret River region. However, before we take the plunge we'd like to try "living" there for 2 or 3 months, rather than just being "on holiday" for 2, 3 or 4 weeks as we have done before; do things like get our 4y.o into a kindy etc. I'm sure we're not the first people to want to try it out for an extended period i.e. longer than a "holiday" before applying for a full visa, so wondering if anyone could offer advice on potential options - could we just go on a standard tourist visa and if we decide we want to stay apply whilst there? From what I've read, both the 189 and 489 visas can be applied for both in and outside of Australia. Anyone with similar experience or friendly advice, most welcome! Cheers ;) 

 

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When people apply onshore they're usually here on another visa such as a 457.  I don't believe that your children would be allowed to go into kindy when on a tourist visa.  Also, if you were wanting it to be 'real life' rather than holiday then you'd want to be working and you wouldn't be allowed to do so on a tourist visa either.  You also can't travel with dependents on a WHV (if you were eligible).

Personally, a skilled independent (for me) is always the best option if you are able to go for it.

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Thanks for the reply @ali - I should qualify my query a little more. Kids would be in a private (fee paying), not state kindy; we've already enquired and they're happy to take them. Re: work; our work requires international travel to the clients offices/HQ, so work would continue as normal, in so much as we would be outside of Australia when working, so that wouldn't impact on a tourist visa, as far as I am aware (aside from the odd email here and there, which unfortunately in today's world is part and parcel of nearly everyone's holiday!)

I guess my quandary is; I'm loathed to apply and pay the application fee(s) for a visa, if after 2 or 3 months we decide as a family that the reality isn't what we had expected from the amazing shorter experiences on 2-3 week stays we'd had previously and we would prefer to continue the shorter visits but live elsewhere. That being the case, essentially it boils down to if a 189 or 489 can be applied for in-country, if we were there on a tourist visa and decided to stay, or if we'd have to leave and apply?

Like I said in my original post, I'm sure we're not the first people who would like to try life before committing to the move, and as we don't have to report to an office each day for work, we're trying to figure out the best way of doing it, so help/advice or suggestions very much appreciated!

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Hi, 

We got a 189 visa without having stepping foot in Australia and trusted that it would be the right decision and it it most certainly has been the best decision we’ve ever made.  We were the other way around, we didn’t want to waste money on a visit to leave more for the visa! If you’ve been before and had an inkling that it could work, then chances are it will- especially if finding work is not a concern.  2-3 months still isn’t long enough imo to give you a taste of ‘real life’ imo as the buzz of the newness and novelty won’t have worn off, and it won’t give you long enough to miss family and friends as you won’t have the state of mind that ‘this is permanent’ - it may still feel like an extended holiday.  With regards to applying for a visa, from the time we started getting together all our documents and submitting the skills assesssment and EOI through to application and Medicals etc it took just over 9 months.  Not sure how long a tourist visa lasts for and if you’re allowed to apply for pr while over here on one.  You may have to finish off the application from home anyway.

Just my thoughts after a year in, best of luck to you and your family.

Jen x

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In theory you can do this. However, there are a few issues. 

The first is that if immigration realised your plan on entry you would be refused entry for not being a genuine tourist. 

The work situation you mention may not be legal. The ATO does not decide on if you are resident for tax purposes based on where the work is carried out. But on a broad test that asks if you are resident generally. For example, I lived in WA but worked in Tanzania. I was in Tanzania for far more time than I was in WA. But I was classed as resident in WA. If they decide you are resident then you would be working illegally which would result in cancellation of visa and a ban from applying for another visa. 

The next is the risk of a no further stay condition. This can be applied to a tourist visa at any time and could result in you not being able to apply on shore. 

Lastly, the most likely bridging visa that would come in at the end of the tourist visa is a BVA. This would have no work rights and no travel rights -. You can not leave and re enter Australia. 

I would take professional advice from a good registered migration agent. 

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Thanks for thoughts, comments, advice so far. Tax residency and the laws surrounding it certainly adds another level of complexity with its very unique nuances. We want to get this right from the start, so it seems an appointment with a Registered Migration Agent is probably the next sensible move - suggestions of good ones in the UK? I have spoken to a few and despite some conflicting advice, on admittedly brief initial telephone conversations, their "customer service" ranged from good to appalling! So recommendations from personal experience or knowledge or others experience would be much appreciated!

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I agree with Jen in that 2-3 months really isn't enough time to feel as if you're living here, especially as a lot of relatives often visit for that amount of time for holidays.

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We used The Emigration Group and were really impressed, they helped us a lot.  

 

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Even if you could would immigration not query the fact that you were going out and in the country so much on a tourist visa? 

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On 3/3/2018 at 14:41, verystormy said:

The most important thing is to get a good agent. Camila helps and advises on the forum a lot and has an excellent reputation. http://www.newlifedownunder.com.au/

she is based in Perth but as most communication is via email, that shouldn't be an issue. 

I totally agree with Verystormy on his comments.   Also Camilla at newlifedownunder is an amazing Migration Agent.   I hope it works out for you.

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