I think you are missing the point on the bridging visa. Look at it this way:
- Once you have lodged your application for an 820 partner visa, you are automatically granted a Bridging Visa A (BVA).
- This visa sits in the background whilst you hold a visitor visa. It comes into effect when the visitor visa ends.
- If you do not leave Australia, the visitor visa ends at the end of the three month stay period that was granted on arrival. The bridging visa then comes into effect maintaining your legal status in Australia.
- If you leave Australia before the end of the three month stay period and return again within the one year validity period, the three month stay period starts all over again.
So to answer your specific questions:
" they come back in mid October, apply for the 820 in November-ish and then don't leave in January the Bridging Visa takes effect immediately in January? Wouldn't they be considered an overstayer in January, seriously undermining our 820 visa application?"
1. Yes it does
2. No, because they haven't overstayed, they have a bridging visa (as noted above)
3. No - live happily ever after (as Nick suggested), because they haven't overstayed and undermined the application
Registered Migration Agent 1801974
SunCoast Migration Ltd
All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation.