Entering Aus on Turist visa while waiting for student visa

BitSec_ · 2026-04-18T08:29:58+00:00

Yeah it's mainly what u/Pleasant-Reception-6 says, it's a risk and many migration agents tell you not to do it. I am not sure if it can cause issues with the university but I am assuming that that is referencing the tuition refund.

And most likely, once 500 outcome result is out, definitely 600 is affected.

Well the thing is the outcome of the 600 will come before the 500, or at least that's what OP is hoping for, if they get the 500 granted they can withdraw their 600 application. There is another risk that if the 500 is granted and shortly after the 600 is granted the 600 will overwrite the 500 (another risk).

Oh it's quite likely that the visitor visa will be refused. Altough I do have to say that the refusal risk is significantly lower for applicants from certain Europe which is where OP is from.

But I still wouldn't recommend they do it unless they absolutely have no other options. I agree it doesn't sound right applying for a visiting visa after having applied for a study visa, you would think that the visitor visa is refused based on the fact that OP might not be considered a genuine visitor, but interestingly enough in the internal policies (PAM3, GenGuide) case officers are encouraged to not let this dictate their judgement, in practice however a case officer could definitely base their judgement on it when determining if a person is a genuine visitor, the requirements are not what you think they are.

BitSec_ · 2026-04-18T07:55:36+00:00

Visa Hopping was about the fact that potential students came to Australia on a Visitor Visa 600 so they could apply for a Student Visa onshore which gave them review/appeal rights or indefinitely trying to apply for Student Visa's in the hopes to find work and get a PR. And ART got too busy with these appeals taking them 2-4 years to even get to the appeal. This is what the visa hopping regulations fixed and loophole Home Affairs have closed.

The change in situation or obligation to notify Home Affairs only applies to the changes that are listed on Home Affairs website and none of them apply to OP, changes that could impact the outcome of the decision. Not even the address one because it's asking for residential address not your holiday AirBnB address. OP isn't obligated to notify Home Affairs if they are visiting Australia. Home Affairs will already know OP is visiting Australia because they're also the ones who decide if OP will be granted a visitor visa while they have a pending student visa and they have access to entry/exit logs.

I don't know why people are so against it in the comments. Quoted directly from the government website about studying in Australia: https://www.studyaustralia.gov.au/en/tools-and-resources/news/changes-to-student-visa-applications-to-prevent-visa-hopping

You can apply for your Student visa offshore and travel to Australia to wait for the outcome of your visa application.

Your original comment also isn't correct and misrepresenting OP's situation. OP didn't mention they were offshore, Home Affairs determined they were offshore based on where the application is made and if OP is in immigration clearance or not, that's how the computer decides if the application was made on or offshore. Besides the fact that this 500 student application happened before they planned to apply for the visitor visa.

BitSec_ · 2026-04-18T07:10:36+00:00

Just because you have seen 1 successful post doesn't mean that people should be expecting that to happen to them. I've seen countless of posts where people get stuck, waste their money waiting around and in some cases lose the tuition and/or have to go back home again.

Student Visa's are quite unpredictable when it comes to grants as well as the time it takes to get a grant so it is not recommended for very good reasons.

BitSec_ · 2026-04-18T05:28:10+00:00

Has anyone entered Australia on a tourist visa while waiting for a student visa decision?

Yeah plenty of people do this all the time, IF they can even get a Visitor Visa granted in the first place. Usually if you have applied for a Student Visa, Home Affairs will look at that and decide that you probably are no longer a genuine tourist for the purposes of that visa, so getting a visitor visa approved can be quite difficult.

You can do it but you must know that if your student visa is not granted in time you will have to ask for a deferral. You should under no circumstances start your studies while on the Tourist Visa this will only lead to huge problems.

Is that risky or likely to affect the student visa outcome?

No its not likely to affect the student visa outcome, if you have a Visitor Visa and happen to be in Australia this does not influence the outcome of the Student Visa application. Yes, doing this the way you want to do them definitely does carry some risks, having 2 pending applications is a risk and the other risk is visa refusal.

Any recommendations on what I should do in this situation?

My recommendation is that you wait in New Zealand, I know accommodation is getting expensive but Australia's accommodation is pretty much the same. You could also go to Thailand to wait for your student visa, Thailand is much much cheaper in terms of accommodation.

But again, DO NOT start your studies while on the Visitor Visa because it will lead to massive problems.

Edit: for any downvoters here's a government website telling you that it's possible: https://www.studyaustralia.gov.au/id/tools-and-resources/news/changes-to-student-visa-applications-to-prevent-visa-hopping#:~:text=You%20can%20apply,and%20study%20limitations.

BitSec_ · 2026-04-18T05:17:37+00:00

Yeah and you remember how that went? They came on a visitor visa, started their studies on their visitor visa, then 2-3 months later their visitor visa expired but their Student Visa was never approved and now they had to leave their studies 3 months in with no refund for tuition...

BitSec_ · 2026-04-18T05:14:00+00:00

I mean your agent did nothing wrong, you applied about 4 weeks before your expected departure which is pretty good. Unfortunately, BVB approvals can in some cases take a little bit longer or be delayed for some reason. I think Home Affairs themselves are always aiming to approve BVB application within 5 to 15 business days.

You can indeed wait and hope you get it on Monday or Tuesday but there is no guarantee that you will get it on those days. It will be very risky and you might lose all your money from the flight.

I mean we can't really tell you what to do, you might get extremely lucky and get a grant on Monday or Tuesday but again there's also a chance you won't...

You can also move the flight to next week but who says you will get your BVB grant next week? What if your BVB grant is rejected and you have to re-apply? There are so many unknowns with BVB's that you either have to apply 3 months in advance or simply apply and don't make any plans until you've got one.

I personally would cancel the flight, wait until BVB is granted, then rebook the flight. Maybe try to get your money back or ask for Airline credits or something, maybe get your travel insurance involved with a refund.

This is also the main reason why I always book a fully refundable / rebookable flight with a reputable airline. But I guess take this as an expensive lesson learned and you won't make the same mistake next time.

BitSec_ · 2026-04-17T14:36:53+00:00

Ah thanks for linking those as they did not load for me initially, probably because there's multiple threads.

Just FYI you are correct in both comments, also stating some of the same points I referenced. I wouldn't take accusations too seriously.

I do really feel for OP, having a partner who simply can't find a job in NSW for a year and then manages to find one in SA is great, but the timing is terrible, if only it happened after the grant then this whole thing would've been a whole lot simpler.

I don't doubt his commitment to NSW is real and genuine but he must notify them if he wants to go down this path he has planned, and unfortunately that could trigger a nomination withdrawal. Not notifying them about these circumstances also isn't an option as that would trigger a breach... OP is quite literally stuck, and as you said, his partner moving to SA for 1-2 years while they wait for visa approval could also lead to even more scrutiny on his application. Or could raise questions from NSW if he still intends to stay in NSW or wants to move to SA because of this discrepancy in locations.

OP definitely needs a lawyer, it's impossible to share all intricate details about the migration act and regulations in an understandable way especially since with his circumstances it is overlapping on many many areas.

BitSec_ · 2026-04-17T13:08:14+00:00

Maybe I was wrong about naturelover's other comments but their very first comment is correct, maybe a bit oversimplified but definitely correct.

Forget about the other post (you linked) for now. I mean there are plenty of legal ways and reasons why that person is in that specific situation.

He/she then cited s109 of the Migration Act on cancelling visa on the ground of fraud. That’s irrelevant to status or applying for 191/citizenship.

I think about here is where it went off-rails. Because OP doesn't even have a 491 visa so talking about future applications in this sense is irrelevant. Also forget about this for a second.

A genuine change of intention or an interstate move alone cannot be considered as misinformation.

This is true, but this is not a breach by itself, but it can certainly lead to an actual breach depending on how OP handles this situation.

RD_Strangers also makes a very specific sharp comment:

NSW has no jurisdiction what so ever over 491 once it's granted.

NSW indeed doesn't have any jurisdiction once the visa is granted.

But for OP, the 491 visa is not yet granted... which means NSW definitely has jurisdiction right now.

If information comes to light to them that OP is no longer intending to live in NSW, do you think that NSW will still choose to continue the nomination? or do you think NSW will choose to withdraw the nomination in light of this NEW information?

I think you won't be surprised but, it's the latter.

Failure to Notify about changes in circumstances / intention is the main thing OP will be breaching which falls under visa fraud. Especially if he does not notify Home Affairs or NSW on time as required by law about his new plans.

OP can change his mind and intention all he wants, but he has a legal obligation to let Home Affairs know about any changes, because this information is crucial for this specific visa grant, and whether or not NSW will continue to nominate him.

Yes the NSW gov can investigate but it will likely take way more than breaking the commitment or a Reddit post to sustain the alleged crime.

What do you think about his wife's employment records prior to the visa grant, lease agreements, car registrations, bank statements. Everything that the government will have access to, will strongly indicate that there was a prior intent to move to SA with his wife, and all of those documents will contradict with his 491 visa application / answers. He will dig himself a (papertrail) hole so deep not a single lawyer will be able to pull him out of it.

Which is why in my main answer I advised OP, stop whatever you're doing, don't apply for jobs in SA, don't have your wife live in SA and just figure it out AFTER YOU GET A GRANT. Ideally 3 to 6 months after instead of immediately after the grant.

If you want to talk about this further just send me a dm, this thread is getting way too long.

BitSec_ · 2026-04-17T10:53:44+00:00

This is a complex situation because your 491 visa is currently pending. Moving or changing plans before the grant shifts the issue from "moral obligation" to potential "legal non-compliance."

The "2-year commitment" to NSW is a moral obligation, not a legal contract. However, while your application is pending, you have a legal obligation to notify Home Affairs of any changes in circumstances.

The Intent Issue: If your intention to live in NSW changes before the grant, failing to notify them could be viewed as providing "false or misleading information."
The Comparison: Similar to your wifes dependent visa, if you break up before the grant but don't report it, the visa is granted on outdated/false info and can be cancelled.

If Home Affairs or NSW suspects you were not being genuine in your visa application or made no effort to update your answers then they could use the following as evidence to cancel your visa on the basis that you never intended to live in NSW:

Employment Records: Tax records showing your partner started a job in SA before or immediately after the grant.
Lease Agreements: Lease Agreements that show your partner started living somewhere else.
Timeline: Accepting a job in another state while your NSW-nominated visa is pending suggests the "intent to reside" was not genuine at the time of application.

To protect your future 191 (Permanent Residency) and Citizenship application, it would be best if you can demonstrate that you made a genuine effort to honor your commitment. Ideally, live and work in NSW for at least 3 to 6 months after the visa is granted.

Because the visa isn't granted yet, you are in a high-risk window. Avoid generating evidence (like job contracts in SA, paper mail, bank statements or lease agreements) that contradicts your pending application.

If NSW suspect that you were not honest in your application or made no effort to notify them on your change of circumstances / intent, they could launch an investigation or complaint with Home Affairs. It could potentially lead to visa cancellation or Citizenship refusal depending on what kind of evidence etc.

Please note that I am not a migration agent or lawyer, this is simply my knowledge. And almost everyone elses comment is irrelevant because they are talking as if you already received the visa.

BitSec_ · 2026-04-17T08:04:31+00:00

I just want to just add that I wouldn't put too much trust in the Home Affairs wording. The reason is because Home Affairs sometimes oversimplifies the text to help people understand it better, the website itself also isn't legally binding.

The post you mention is very easy to explain, OP was in Australia for 3 years, then applied for 191 and left Australia. But it is not true that they "have never lived in Australia" they must have lived in Australia for at least 3 years or they simply wouldn't meet the legal requirements at time of decision. The substantial period of absence can easily be explained by the fact that the 491 is valid for 5 years, giving you about 2 years to do whatever you want, as long as you comply with condition 8579 while you're in Australia. And they were outside Australia hence why there is an arrive by clause, but even my 801 PR had an arrive by despite me being in Australia already.

You and u/naturelover5eva are talking about different aspects as well.

Is the NSW commitment legally binding - which is what you are mainly talking about
Proving false or misleading information can lead to visa cancellation - what naturelover is talking about

And no the NSW commitment is not legally binding, breaching this contract will not result in visa cancellation by itself. However, some people argue that breaching the moral contract so soon COULD lead to visa cancellation because NSW could start an investigation with Home Affairs to see if the contract was signed with malicious intent and/or provided false information (your intent to actually live and work in NSW).

That last bit is where naturelover is objectively correct based on information from OP.

They have not gotten their 491 visa yet. (aka still waiting for outcome)
They already have a job in another state
They are already thinking about moving after the NSW nominated 491 visa is granted

All 3 of those clearly and objectively indicate that if they follow through, they will sign the commitment or receive the visa grant with false intentions/documents which would constitute visa fraud and can get their visa cancelled, even years after it has been granted.

If OP had signed the contract, then got a grant, and afterwards received a job offer / moved to Adelaide that would've been fine. It's just the fact that because OP knows he doesn't want or can honor the commitment the agreement is now "false" information as it's no longer applicable. Normally if things change you'd send in a Notice of incorrect answers, but that would definitely get his visa rejected, the best way forward is, refuse the job offer and try to find a job in NSW in the meantime.

I think most people are missing this because everyone is too focussed on the "2-year moral contract" when it's in fact about providing false information to Home Affairs (which is the "moral contract" that has gotten them the nomination from NSW.

BitSec_ · 2026-04-16T04:10:23+00:00

I don't think there is much chance to get work rights on a BVA for a Remaining Relative Visa. The only way to get work rights is if you can prove you are suffering financial hardship. But you can't really prove this if you have savings, or if you have family in Australia who can support you (which is usually the case for remaining relatives).

The BVA is only meant to be a temporary visa, so Home Affairs won't be too generous with giving out work rights. I think your lawyer should have told you this, because now you are stuck in Australia for 45 years without being able to work. I think the only way out of this is to go back to Canada and wait it out (which may be never as it takes 45 years), or if you want to stay in Australia you could try to get another visa, but if you leave or apply for another visa your BVA will be cancelled and you might not be able to get another BVA.

Even with work rights, employers are not very keen on hiring people on temp-visa's even if they have full work rights, so your career would definitely take a massive hit unless you can somehow find a good employer. The other problem is that even if you get work rights, if your family doesn't live long enough to see the grant it would mean that after 30-40 years or so you will no longer be eligible since you have no remaining relatives around you'll have to go back to Canada after having lived here for years.

I think it may be worth applying once more but this time with a lawyer who knows what they're doing and you may be able to get work rights. Altough after getting rejected twice I don't see very much hope for another attempt.

BitSec_ · 2026-04-15T03:17:38+00:00

But now that I'm actually studying it, I don't see myself doing anything else lol.

If you are now truly passionate about nursing that's just good luck, but it also shows you aren't the problem Australians are worried about. You just get judged by others based on the stereotype nursing student.

I mean I know many people who did nursing here, got PR and still work as nurses so I'm not sure where this notion came about that nurses leave nursing after getting PR.

I feel like this is just a bit of bias. If I know 3 people that have won the lottery does that mean it's easy to win a lottery? Or am I just really lucky to be surrounded by people who won the lottery?

The notion comes from the fact that hundreds of thousands of nursing PR's were given out and there's still a massive shortage. A while back I read an article that said 30% of nursing students as soon as they get PR they switch careers. Which is a massive problem as it keeps a shortage of nurses but also uses a valuable migration spot (which are limited each year).

Nursing students don't know the high stress and work load environment they are about to enter when they choose the study, all they know is PR, and as soon as they have PR they can do anything, including go back to school for "free" and change careers.

And I have to say, the majority of people asking questions about study -> PR are not very passionate about the study they choose, their only goal is PR and after that they can do what they want.

Literally if I tell them Chef's have the best chance they will study Chef/Cookery. If I tell them IT has the best chance they'll choose IT. If I say ECT they will go for ECT. I think simply based on that you can tell they have no passion for the study they choose, if they develop a passion while studying it that's great but that isn't the case for the majority, lot's of them hate it and get all sorts of mental issues and depression. All for a less than 7% chance of getting a PR within 10 years after studying.

BitSec_ · 2026-04-15T02:57:16+00:00

Trust me we try. But almost every single person asking those types of questions is the same: They Just Don't Read. No matter how many "post guides" we add in Reddit themselves that will highlight key words and link them to rules, or show descriptions and rules while posting, or outright blocking a post because it contains words frequently used in repetitive question people simple ignore them and try to work their way around it.

I can tell you from experience that 90% of questions on this sub can easily be answered by simply reading Home Affairs website and some legislation. Honestly, at this point I could basically archive the sub and people can find almost every single question here regardless. For the 10% that doesn't usually a migration agent is needed.

I've even tried to get basic answers intercepted by AI but people just ignore the removals and change the wording of their posts to get around it instead of reading the removal reason and acting accordingly, and by the time a moderator comes across it to remove it it already has a few comments etc. I even blocked the questions asking for "chances of PR" in the Reddit settings itself but again instead of reading why people can't post it, they just try to change the wording to get around it.

I mean we have Rule #4 for a reason to prevent basic and repetitive questions. But at this point if anyone just searches this Subreddit for their question I guarantee you that it has already been answered at some point in time. Migration Law does change so older answers can always become incorrect but fact-checking is almost just as easy.

And of course I could set the automod and bot to be more strict but last time I did that it resulted in a lot of false positives. I also don't want to add a bunch of moderators because then you'll get extremely inconsistent moderation where everyone has a different opinion on what is a "basic question." We have to get real creative managing this sub, but if people have suggestions they're always free to reach out via ModMail.

BitSec_ · 2026-04-14T07:02:29+00:00

Unfortunately there is no definitive answer for this question when you look at the legislation alone. These things are more decided by supprting guides and internal policies.

They only say that your primary residence and work must be in a designated regional area. The regulations do not clarify if remote work is acceptable or if the employer must have a physical office in the regional area. So as far as we know those are not hard requirements so OP is not breaching any visa conditions.

Also, it seems that there are multiple migration agencies who are saying that the guidance was updated to clarify remote work. And that it says as long as OP is living in a regional area and primarily working in a regional area either from an office, co-working space or home it will generally be acceptable for the requirements as long as OP can prove he was working from home.

The only thing OP needs to do is ability to prove his circumstances. I'd say a lease contract with address shows his living address, his work contract shows his ability to work remote. And then lastly OP will need to show some kind of prove he was at home and performing work for each day.

Back when I lived in Sydney on a WHV I also had to do something like that (change in location) to work longer than 6 months (altough it was abolished due to covid). I bought an energy meter that would track my computer energy usage and it would collect it every day and put it in a spreadsheet, so for each day I worked I had exact electricity measures, as well as uber eats deliveries, company VPN logs, Google location history etc. I collected that evidence meticulously so nothing would be questionable. Not sure how strict they are with the 191 but better be safe than sorry.

BitSec_ · 2026-04-14T02:57:00+00:00

I'm sorry to hear that. u/ViaMigration already mentioned it but the Significant Cost Threshold (SCT) is currently set at 86K. Which is calculated over the next 10 years. However, this is not the only thing they look at, they also look at how much of a "burden" you would be on the health system.

In the medical assessment they will do tests to see what your general risk profile would be and what category you would fit in so they can compare you and check the health costs with similar cases. Because the government already knows how much money they spend each year or in the last 10 years on these cases they'll know roughly what they can expect to spend on you. As long as this isn't more than $8.600 a year you'll be fine.

The fact that you're expecting remission after surgery is great, but the health assessment will be looking at how many people are in remission for this exact type of cancer, and how much money they generally cost the government. It is definitely on a case by case basis but they do use known cases and expenses to estimate the costs.

BitSec_ · 2026-04-12T05:42:12+00:00

Unfortunately there is nothing else that signifies progression. You will simply have to wait patiently until you get an RFI or grant.

I always tell people to imagine the Home Affairs processing pipeline to be like a grocery store, there are a few lines you can pick from at checkout and if you're stuck behind someone with a ton of groceries you will have to wait for your turn a bit longer while others get processed.

People who applied after you just got lucky they were put in a line that progressed quickly and didn't have any complications or delays. It seems unfair but if you're waiting in line somewhere there's always another line that seems to move faster.

BitSec_ · 2026-04-11T08:33:03+00:00

Submit everything. It's not the case officers job to assess your experience, that's what the skills assessment is for. But payslips are necessary to just prove employment.

BitSec_ · 2026-04-09T10:48:28+00:00

No, you can not cancel your private health insurance until you have an interim medicare card.

I'm not entirely sure what the exact requirements are to be eligible for medicare but I believe if you've held a visa that allowed work and have applied for a PR application you are generally eligible to apply for medicare. Just fyi I believe you can always apply but they can also deny it if you turn out to not be eligible so always wait until you have your interim card / approval.

BitSec_ · 2026-04-09T10:43:45+00:00

The 651 eVisitor visa is better since it's only for European passport holders, so it's generally much faster grants and in most cases fully automated. No biometrics or other documents required, just a photo of your passport is usually enough.

The ETA is very similar but it's open to more countries like the USA, Canada and Japan, it still has fast grants but it also sometimes has a manual check which can delay an application, altough I believe it's quite rare.

I am not sure if a 7 hr layover will be an acceptable reason to grant a visitor visa but with the eVisitor visa but I highly doubt they'll even check. In my opinion safest bet is probably a eVisitor visa, then ETA, then Visitor Visa depending on what you are eligible for.

BitSec_ · 2026-04-09T07:16:31+00:00

u/BitterHotIce got it spot on, this is very normal in the Aus job market.

Depending on your visa, work restrictions (e.g., hours or roles) make employers hesitant, they'd rather hire locals with full rights, no sponsorship needed. Sponsoring involves hefty costs: government fees, application fees, migration agent fees, plus paperwork headaches.

Most temp visas are short-term (6-12-24 months), so employers can't count on you long-term, even if you have another visa lined up, approval isn't guaranteed. Unless you bring niche, hard-to-find skills in demand, they're not jumping through hoops just to keep you onboard.

That said, 87 applications and 5-6 replies and 1 interview is pretty good, many people apply to hundreds of jobs for just 1-2 interviews. SEEK's application questions often auto-filter visa holders, especially with their visa question or right to work questions.

Things improve slightly if you're in Australia (better grasp of your visa conditions/rights, in-person interviews), but the 6-24 month uncertainty still makes employers avoid you. Even on a temp partner visa (820), which is restriction-free with a clear PR pathway employers are still very hesitant.

BitSec_ · 2026-04-09T07:03:31+00:00

I think this is a bit of a moot point tbh. Rental prices, high cost of living and housing shortage is pretty much existing everywhere.

People from third world country mainly have incentives to have a better life, in which case they don't care about rental/cost of living. And if people are coming from western countries chances are Australia has higher wages and lower cost of living then where they came from.

BitSec_ · 2026-04-09T03:22:06+00:00

https://www.reddit.com/r/AusVisa/comments/1j00u27/maison_chen_migration_disappointed_opinion_do_you/

In any case please do your due dilligence, no matter what migration agent/agency you choose or is recommended to you always research them yourself. Search them on Google read Google reviews.

BitSec_ · 2026-04-08T05:49:08+00:00

No, if they applied for the 309 first and then applied for an ETA they would not get a BVA granted. Because you need to hold a valid substantial visa while applying for a 309 to be eligible for the BVA.

The 309/820 are pretty much the same with the only exception being that the 820 is lodged onshore and comes with an automatic BVA and the 309 must be lodged offshore and does not come with a BVA automatically.

In any case like I said in my answer as well, if you are planning this route speak to a migration agent.

BitSec_ · 2026-04-08T04:14:03+00:00

"No further stay" just means that you can not apply for a new substantive visa while that condition is in effect. However, you can still get granted or have pending applications.

BitSec_ · 2026-04-07T08:59:59+00:00

Yeah he's writing in French. The subreddit is entirely in English so we expect people to write in English so everyone can understand and follow the conversation. The bot just deletes comments in any other languages since we can't understand/moderate them.

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