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Discussion Starter · #1 ·
Hello again,i lodge my 820 partner visa on 12th of July 2013. Since i lodge this application while im on BVA,straight away i got BVC approved. I lodge thia application on Parramatta processing centre.The case officer was very nice and within 10 mins he granted me a BVC -no work condition and no travel.

The thing is i need to travel this sepmtember since my older sis is getting married and im her maid of honor. Im aware that as soon as i leave australia,my BVC will ceased.I called immi department several times to see what my options are and i got the chance to talk to the supervisor, (he was very nice and polite) he suggest me to email partner visa processing centre,when its closer to my travel date,to see if there is anything they can do in regards to my application. I need to be in australia when my partner visa is granted.

Is there anyone here with the same condition to mine?have you guys travel on BVC and made it to Australia after?please give ur suggestions and thoughts. Since my loving partner is here in Sydney,i could not bear the thoughts of leaving him. I am torn and i dont know what to do:mad:confused:. I was hoping that i can apply for substantive visa after.eg; tourist visa and re-instated my BVC after, is that possible?

Any suggestions and opinions will be much appreciated.:)
 

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According to the information on the DIAC website, you should be able to apply for a bridging visa B about 4 weeks before you go overseas. That will allow you to travel and return to Australia to await the decision of your 820. You have to pay an application fee of $125 but if you have a genuine reason that you need to travel then it should be okay. That genuine reason is you are attending your sisters wedding as the maid of honor.

The thing is, you can't apply for the BVB until 30 days or so before travel. May I ask what visa you were on prior to being granted the BVA?
 

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If you are on BVC, you are not eligible to apply for BVB, unfortunately.
I wonder why it is a BVC and not a BVA they gave you when you lodge your application.
 

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If you are on BVC, you are not eligible to apply for BVB, unfortunately.
I wonder why it is a BVC and not a BVA they gave you when you lodge your application.
My apologies, I wasn't aware you couldn't apply for a BVB if you hold a BVC.

I think the reason the BVC was granted is because when the application for the 820 was lodged, they were already on a BVA. If you don't have a substantive visa at the time of application, they grant you a BVC.

Looks like there might not be much the OP can do :( Try talking to DIAC and trying to find out what your options are. Be aware that if they told you to email the partner migration centre, they take 4 weeks to respond to emails generally.
 

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As stated here, it is only possible to get a BV-B if you hold a BV-A. The other option some people use is to get a visitor visa to re-enter Australia after a trip outside.

Best,

Mark Northam
 

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Since OP has already applied for his 820, though, how would that affect his application? Like, say they give him 3 months on a Tourist Visa and then "no further stay" and his 820 takes six months to process? He won't be able to be onshore when it's granted, which would mean his visa would be nullified, yes? So basically by trying this route he'd be risking the visa he already had in process? Or am I looking at this wrong? Thanks Mark!
 
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Hi CG -

Good question! If the 820 has already been lodged, then if they give a visitor visa with no further stay, that wouldn't prevent them from giving him another visitor visa once the partner visa is ready to grant to enable him to come back and be onshore at the time of grant - they have the flexibility of delaying grant in some cases to wait for the applicant to return to Australia, etc.

Best,

Mark Northam
 

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Discussion Starter · #8 ·
First of all thank you for everyone's suggestions and opinions.

Hi Mark, in my point of view it seems a bit dull how immigration rules applied when you're a BVC holder. I am trying my best to find a way around this, so i can travel back to my hometown for my sister wedding. for example, what if there is a emergency needs to travel, but in the other hand you ran out of options to be able to return to Australia with a substantive visa/BVB so that you can be granted your 820 visa.

So if i choose to go back and my BVC will ceased then later on i apply for visitor visa offshore, say the worst scenario - you have 8503 condition, am i able to be grant my 820 while i am on visitor visa? how long will it take for Visitor visa to be granted while you are offshore? and my doubt is that they wont grant me a visitor visa since they probably knew that I'm still awaiting for my 820 visa being in processed and i am not in the immigration category of "a genuine visitor purposed"

Thanks Mark.
 

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Hi Jane -

Much of this comes down to working with the case officer on your 820 application - if you find yourself outside Australia without a visa to return and need to come back for the granting of a partner visa, many times the case officer will work with you to assist with this - typically, assisting you with getting a visitor visa for this purpose. In these scenarios, the genuine visitor criteria is not generally an issue as your intention to reside permanently in Australia is already well documented via your 820 application. Also, to clarify, the no further stay condition means you cannot apply for a further visa while in Australia on that visa - in your case you would have already applied for the 820 visa, so they application would have already been made previously. The 8503 does not prevent grant of a further visa, only making further applications for a further visa, etc.

Hope this helps -

Best,

Mark Northam
 

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Discussion Starter · #10 ·
This is such a relief to hear this from you, my last consideration is how long do you think a visitor visa can be granted while you are offshore? generally around a month or so? also mark if i would like your service to assist me further in regards to this matter, how will i can contact you?
 

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Thank you so much, Mark. Really great info!
 

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Hi Jane -

Glad I could help a bit to relieve you - immigration can indeed be a very stressful thing.

Visitor visa processing times can vary from a few days to 4-6 weeks generally, depending on the type of visa (which is determined by your country of citizenship) and the processing times at the local office where you lodge the application.

Would be happy to be of assistance going forward - there's a link to our website in the signature of my posts, and there's a contact link on the website where you can call or email me directly.

Best of luck!

Best,

Mark Northam
 

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Discussion Starter · #13 ·
820 visa currently overseas,urgent!!

Hi all,

Just a quick update on my situation here, as you know my condition above in regards to my BVC was granted after i applied My 820 visa (due to i was holding BVA at the time), and wished to travel overseas for my sister wedding. So then I left on 8th September 2013, when i was at the airport the immigration officer asked me whether i will be returning to Australia afterwards (it shows that i was on BVC and it will ceased once i left Australia).

Now i found myself back in my hometown, my BVC ceased, and i am trying to apply for Visitor visa to go back to Australia for them to be able to grant my 820 visa and also to see my partner of course. I still haven't heard anything from immigration. I am not sure whether any case officer is assigned yet to my application.

Do you think i should write an email to them and explaining my situation? I am scared if i do explain,it will affecting my 820 application somehow. Or if they found out i'm overseas,then i apply Visitor visa,they will take a consideration about "a genuine visitor criterion". I am hoping i can get any advice from them to assist me getting back to Australia or at least any updates on my visa application.

I feel like they hanging me by a thread, i'm scared to make one move and it will ruin everything :( . Please help! your suggestion and thoughts will be greatly appreciated.
 

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Hi Jane -

Several thoughts here:

1) You have already declared your intention to reside in Australia permanently with your partner as a result of the 820 lodgement, so I would not be overly concerned about the Genuine Visitor criteria at this point since arguing that criteria could be counter-productive to your 820 application.

2) You need to make sure you don't have an exclusion period in place. You mentioned that you were on a BV-A when you applied for the 820, and then were given a BV-C (that's normal). Can you detail the timeline of the BV-A - specifically, the date you were granted the BV-A vs. the last date you held a substantive (non-bridging) visa? You should be fine as long as the BV-A was granted within 28 days of you holding your previous substantive visa.This is normally the case, but it's worth checking.

3) The next step if no problems from the items mentioned above would be a visitor visa application - subclass 600 tourist stream. You will want to make sure that you make it very clear that you have already lodged an onshore partner visa application (provide the Client and File No, etc from your visa acknowledgement letter) and had to return to your home country due to a very urgent matter, etc.

You could certainly visit the local Embassy and advise them of the situation to alert them that you'll be lodging a visitor visa application as you have a partner visa application currently being processed in Australia.

If for any reason you have an issue getting a visitor visa there, the next step may be to contact DIBP in Australia and try to speak to someone in the Partner (Temporary) processing centre where you lodged your application to see if they can be of assistance in terms of getting a visitor visa approved.

Hope this helps - please advise if I can assist further -

Best,

Mark Northam
 

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Discussion Starter · #15 ·
820 visa currently overseas,urgent!!

Hi Mark,

First, good to hear back from you. I applied skilled migration visa on 30th of April 2012, i was granted Bridging Visa A on that day as well. Before this i was on a student visa expired on 4th of April 2012. Because i had a graduation to attend to, i applied Visitor visa onshore, and they gave me one month (luckily, there was no 8503 condition) . My Visitor visa was expired on the 30th of April 2012. So i think, the last time i hold a substantive visa was on 30th of April 2012.

I don't think i have any exclusion period that will prevent me applying visitor visa, if i'm correct here (Please do correct me if i'm wrong).

I was wondering if its necessary for me to email Partner (temporary) Processing centre and explain to them that i'm currently overseas and wish to travel back to Australia?.And also quick question Mark, what is the estimate period of stay they will give me for a Visitor visa when it comes to my situation?. I understand it depends on the case officer, but you know how they asked you in the forms "how long u wished to stay". I heard if you asked for longer period of stay, they will give u the least. But im not sure it this true.

Hope to hear from you again soon. I really do appreciate your thoughts and suggestions.

Kind regards,

Jane.
 

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Hi Jane -

The bridging visa/visitor/skilled sequence sounds good. The Partner processing centre can be slow to respond - you certainly could email them to give them a heads-up on what you're doing, however i expect they'll be most useful if there are any delays in processing your visitor visa application.

As to how long they will give you, there are many different configurations. The most popular is a 12 month visa with 3 months maximum per stay. But since it's their processing speed that will determine how long you need to be on a visitor visa, that's a different thing - hard to say what they will do, but I would think they would give you a visa long enough to stay onshore until the partner decision. Then again, hard to predict these things -

Hope this helps -

Best,

Mark Northam
 

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Discussion Starter · #17 ·
Quick updates regard to my 820 application

Hi everyone, i hope you all well. I thougt i'll share a quick updates regards to my 820 visa application. As you all may know i had a difficulties since i apply this visa while on BVA. Iam still curently holding BVC. I am back in Australia after a trip back to my hometown for my sister wedding. I thought that i would have a problem to come back to australia, since i cant travel while on BVC. I applied a tourist visa to come back here and reinstated my BVC straight after i arrived in Sydne And i was grated back my BVC the next day.

After a severe months of waiting and waiting to get a respond.Yesterday i received an automated email from immigration saying to provide health checks, AFP clearance, and overseas police check if haven't done it. I did include my AFP along with my application, but im assuming i have to re do it again since it only have 12 months validity. This is the same situation for my overseas police check. I didnt submit my overseas check along with my application, but i've obtained this while i was in indonesia and it only valid for 6 months. I guess i have to get a new one again which probably takes a few months to do so.

Another thing is when i lodge my application, my partner was employed to this company and he recently lost his job few months ago so his currently unemployed. He is still trying to get a new job as we scare that it will affect our visa eligibility. Im not sure if this will effect to grant my visa. Have any of you guys have/had the same situation here?.

So now im in the process of getting my afp re done, obtaining a new overseas police check and get my health examination done. Even though i have not received my HAP ID. This is the other thing that confuse me. How do you obtain you HAP ID? (cause i know you have to get this to be able to do your health check) Do you need to get your HAP ID from your case officer later wor can you just book your own health exam in front?.

Any thoughts and suggestion will me much appreciated. :)
 
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