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waiting time

I have been reading a lot of your posts before submitting our 820 application. We have lodged our 820/801 on 30 Apr 2018. Don't know how long we'll have to wait but reading your posts helps. Feeling we are not alone.

We have been together for more than 12 years, married since 2010. We have been living overseas for a long time so we never applied for our partner visa for Australia. We relocated back to Australia since 2016.

Due to the fact that we have been together for a long time, will this shorten the waiting time for the 820/801 visa to be granted?
 

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I have been reading a lot of your posts before submitting our 820 application. We have lodged our 820/801 on 30 Apr 2018. Don't know how long we'll have to wait but reading your posts helps. Feeling we are not alone.

We have been together for more than 12 years, married since 2010. We have been living overseas for a long time so we never applied for our partner visa for Australia. We relocated back to Australia since 2016.

Due to the fact that we have been together for a long time, will this shorten the waiting time for the 820/801 visa to be granted?
Yes and no.

It won't affect when your application will finally get looked at. You're waiting in the same queue as everyone else. Some people get lucky and their apps get pushed through quickly, but that has nothing to do with how long they've been together and seems to me more like pure luck to get drawn early. I've seen people that have only been together for a year or less get fast grants while couples married for years wait over a year, and vice versa.

But, if you provided strong evidence for the duration of your relationship, then you should be eligible to skip the 2 year waiting period between the 820/801 application and 801 eligibility. See long term relationship requirements. BUT, you still need to wait for the application to be assessed. All this means is that when they do go to assess your relationship for the 820 visa, if the CO decides to, they can grant you the 801 at the same time. This doesn't always happen though so best to give strong evidence of your entire relationship to give yourself the best chance.

But again, that has nothing to do with how long you'll wait to be assessed initially. Some people only wait a few months (rare), others wait about 1-1.5 years (more common) and some even wait 2+ years (less common).
 

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Does anyone know if you need compelling reasons to apply for a BVB?

I'm on a BVA and would like to travel overseas with my partner for a holiday and wanted to know if thats sufficient enough reason or should I come up with something else?

I have applied for succesfuly for a BVB in the past and my reason was due to my mother as she had to be hospitalised and I wanted to go back to see her

Any one applied for a BVB and the reason they wanted one was to travel overseas for holiday
 

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Does anyone know if you need compelling reasons to apply for a BVB?

I'm on a BVA and would like to travel overseas with my partner for a holiday and wanted to know if thats sufficient enough reason or should I come up with something else?

I have applied for succesfuly for a BVB in the past and my reason was due to my mother as she had to be hospitalised and I wanted to go back to see her

Any one applied for a BVB and the reason they wanted one was to travel overseas for holiday
Yes my wife had a BVA last year in October and applied for BVB last December stating 'Holiday' as a reason. We were visiting her parents overseas for the new year. Was approved in 1 day and BVB was issued for 3 months travel. We attached the passport and flight itinerary from Sydney to X and X to Sydney. No questions asked.

Also you will remain on the BVB after you come back. No need to reinstate your BVA.
 

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Not sure if anyone is in the same situation as mine – I got my 457 visa in Oct 2015. It will expire in Oct 2019. My husband and I had just lodged our partner 820/801 visa last month. I have resigned from my previous job due to big management change in Mar 2018. My BVA will not be active till my 457 expires. Anything that I can do in the meantime to activate my BVA?
 

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Not sure if anyone is in the same situation as mine - I got my 457 visa in Oct 2015. It will expire in Oct 2019. My husband and I had just lodged our partner 820/801 visa last month. I have resigned from my previous job due to big management change in Mar 2018. My BVA will not be active till my 457 expires. Anything that I can do in the meantime to activate my BVA?
Nope. The 457 needs to expire on its own for the BVA to kick in. If it gets cancelled or you cancel it, the BVA gets cancelled as well (hence why it's called a "bridging" visa. Needs a visa on either side to hold the bridge). So until then, you're bound by the restrictions of the 457 and doing what you need to do to maintain it.

That or until the 820 is granted.
 

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Nope. The 457 needs to expire on its own for the BVA to kick in. If it gets cancelled or you cancel it, the BVA gets cancelled as well (hence why it's called a "bridging" visa. Needs a visa on either side to hold the bridge). So until then, you're bound by the restrictions of the 457 and doing what you need to do to maintain it.

That or until the 820 is granted.
Thanks for your reply. Nothing to be maintain unfortunately. As I said, I have resigned in March and I have left the company already after 1 month notice.
 

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May be worth paying for a consult with an RMA. If you lose your 457, you won't have a BVA. Becoming unlawful may give you problems with your partner visa as well.
Consulted with a registered migration agent before lodging our 820/801 visa application. The advice that we received was to lodge the partner visa asap and wait. And the fees were $2,700 for them to do the application on our behalf. In the end, we decided to do the application ourselves. Is it worth it to get a consultation session with a migration lawyer for our current situation? We contacted a few migration lawyers, consultation fees for 60 mins is around $650.

If we are lucky, then our 820/801 could be granted in a few months. But we can't depend on luck.
 

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As far as I'm aware, it's only 60 days and then immigration notify you that they'll be cancelling your visa. Not likely to get an 820 in that time frame. And by the sounds of it, half that time is already up.

At the very least, you need to get professional advice to figure out how to get on a BVE or whatever you need to do when immigration gets around to contacting you. You definitely don't just want to sit around and hope for the best. If your visa is cancelled, you won't have a BVA. You won't be on a visa and as such you'll be unlawful.

FYI, a BVE is not a good visa to be on. No work rights and no travel rights. Some people refer to the E as Evil.

Anyway, I'm no professional so no idea what your options are from here. If I were you, I would much rather be prepared than the wait and see what happens option.

The RMAs seem very familiar in this matter. You probably only need one of those and not a lawyer.
 

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May be worth paying for a consult with an RMA. If you lose your 457, you won't have a BVA. Becoming unlawful may give you problems with your partner visa as well.
The RMA that we consulted said that my 457 doesn't get cancelled even if I left the company. It will be expire on the date stated on the visa which is in Oct 2019. My visa situation will change when my 820/801 is granted. So this actually doesn't make sense to me - I am still on this 457 visa but I am no longer working for the company that sponsored my 457.

A lot of things don't make sense to me. People who apply for 820/801 visa and previously were on student visa or tourist visa have more work rights than people like me. Their BVA would kick-in in a reasonable timeframe. I have years of working experiences in various countries, yet I feel I have been punished because I was employable.

My husband and I are together for more than 12 years. We were overseas in Europe and the US for a long time. There were no need for us to apply for a partner visa back then because we didn't know if we were going to move back to Australia. When we decided to relocate back to Australia about 3 years ago, I was the first to find a job in Australia and the employer was happy to sponsor my 457 visa. At the time, it made sense to us not to go through the partner visa application to save $7,000 since my employer was going to sponsor my 457/186 visa. Things changed dramatically in the last 6 months. Huge change in the company's management team. Half of the staff of the organisation was gone within 8 months... I tried to maintain my role there as long as I could. But still end up in a very difficult situation.
 

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As far as I'm aware, it's only 60 days and then immigration notify you that they'll be cancelling your visa. Not likely to get an 820 in that time frame. And by the sounds of it, half that time is already up.

At the very least, you need to get professional advice to figure out how to get on a BVE or whatever you need to do when immigration gets around to contacting you. You definitely don't just want to sit around and hope for the best. If your visa is cancelled, you won't have a BVA. You won't be on a visa and as such you'll be unlawful.

FYI, a BVE is not a good visa to be on. No work rights and no travel rights. Some people refer to the E as Evil.

Anyway, I'm no professional so no idea what your options are from here. If I were you, I would much rather be prepared than the wait and see what happens option.

The RMAs seem very familiar in this matter. You probably only need one of those and not a lawyer.
The RMA's professional advice was that the 60 days restriction is only for going for the next employer who seeks to take over the 457 visa sponsorship. So, even when I am no longer with the company who sponsored me, my 457 is still active. It's also stated on my current BVA visa.

The RMA didn't make any suggestion to apply for any other visas during the waiting time for a decision to be made for my 820/801 application.

There's definitely no sitting around and waiting for me. But funnily enough, it seems to me, there's very little that I can do at the moment.
 

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That's the way it goes. It's nothing personal against you, it's just the path you happened to take. I don't know about 457s but interesting that you get to keep the visa and stay on until it expires while not working for the employer that sponsored you.
 

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That's the way it goes. It's nothing personal against you, it's just the path you happened to take. I don't know about 457s but interesting that you get to keep the visa and stay on until it expires while not working for the employer that sponsored you.
When it's all happening not as the way we planned for our lives. It can be taken as quite personal. Especially when it's effecting our quality of life.

I am not sure if interesting is the way that I'll put it. I do think it's very odd. So that's why I am considering contacting an experienced migration lawyer because I don't think the RMA has covered all angels or maybe because they didn't handle a more complex case like ours.

Trust me, I don't want to keep this 457 visa. It's useless to me at the moment and also put me in a strange and difficult situation. I really want to bring the expiry date forward asap so that my BVA can be activated.
 

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When it's all happening not as the way we planned for our lives. It can be taken as quite personal. Especially when it's effecting our quality of life.

I am not sure if interesting is the way that I'll put it. I do think it's very odd. So that's why I am considering contacting an experienced migration lawyer because I don't think the RMA has covered all angels or maybe because they didn't handle a more complex case like ours.

Trust me, I don't want to keep this 457 visa. It's useless to me at the moment and also put me in a strange and difficult situation. I really want to bring the expiry date forward asap so that my BVA can be activated.
Hey joyinoz2018,

I was on a 417 Working Holiday Visa (UK) which expired in July 2017 after which I was immediately put onto a Bridging A Visa. I did not have any trouble getting a job, I explained my situation to my employer and explicitly stated that I did NOT need sponsorship for my role as my partner was my sponsor and therefore had full working rights in Australia. I got a job without any problems whatsoever and over a year later I'm still working for the same company on a Bridging B Visa.

Hope this helps :)
 

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417 is not the same visa as a 457 and does not have the same conditions. The issue is if thid person will ever even make it to the BVA. A BVA for partner visa applicants will have nil conditions.

"Mandatory Visa conditions

Mandatory Condition 8107

This condition applies to all primary subclass 457 visa holders only. You must:

only work in your nominated occupation
start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
only work for the sponsor, who nominated the position you are working in (if your sponsor is a standard business sponsor and is an Australian business, you can also work for an associated entity of the sponsor)
not cease employment with your approved sponsor for a period of more than 60 consecutive days - if your visa was granted on or after 19 November 2016
not cease employment with your approved sponsor for a period of more than 90 consecutive days - if your visa was granted before 19 November 2016
obtain any mandatory licence, registration or membership necessary to perform your occupation in Australia and comply with any provisions within 90 days:
after initial arrival in Australia on this visa
from date of visa grant if already in Australia
if your visa was granted on or after 1 December 2015 you must also:
not engage in work that is inconsistent with your licence, registration or membership
notify us in writing as soon as practicable if your application for the licence, registration or membership is refused
notify us in writing as soon as practicable if your licence, registration or membership ceases to be in force or is revoked or cancelled.

To notify us of registration, licence or membership issues you should send an email to: [email protected].

You are considered to have ceased employment when either you or your employer notifies us of the date you stopped work.

If you stop working for your sponsor, you must do one of the following within 60 days:

find another employer to sponsor you and have them lodge a new nomination, which must be approved before you can start working for them
be granted a different visa
depart Australia.


If more than 60 consecutive days have passed since the date your sponsor advised us you would be ceasing employment on, you could be in breach of Condition 8107 and your visa could be cancelled.

If you abandon your employment, or are absent without leave, you could be considered to have ceased employment."
 

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Medicals for 820 visa

Hi All,

Apologies if this query has been answered before. It's been 6 months since i lodged my wife's partner visa onshore. Looking to do the medicals this month or the next.

Can someone let me know the procedure to do the medicals?

Is the below right? Also will the emedical letter have the tests to be done?

1) Download emedical letter with HAP ID from the Immigration site.
2) Book appointment with BUPA
3) produce letter to BUPA at the center
4) Wait for the results to be sent to DIBP

Regards
RK
 

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Hi All,

Apologies if this query has been answered before. It's been 6 months since i lodged my wife's partner visa onshore. Looking to do the medicals this month or the next.

Can someone let me know the procedure to do the medicals?

Is the below right? Also will the emedical letter have the tests to be done?

1) Download emedical letter with HAP ID from the Immigration site.
2) Book appointment with BUPA
3) produce letter to BUPA at the center
4) Wait for the results to be sent to DIBP

Regards
RK
Hi ravikiran.7070,

After you have received an email from your case officer requesting further information, you should receive an attachment named "IMMI Request Checklist and Details", which contains a health examination list, telling you your HAP ID and what tests you are required to do.
Then go to Bupa website and make an appointment. Print the health examination list and eMedical referral letter, bring them with you on the test day. eMedical referral letter can be found on home affairs website. Oh remember to bring your passport as well.
After you have finished your examination, you can go and they will send report to Home Affairs.

Hope this helps.
 

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Hi ravikiran.7070,

After you have received an email from your case officer requesting further information, you should receive an attachment named "IMMI Request Checklist and Details", which contains a health examination list, telling you your HAP ID and what tests you are required to do.
Then go to Bupa website and make an appointment. Print the health examination list and eMedical referral letter, bring them with you on the test day. eMedical referral letter can be found on home affairs website. Oh remember to bring your passport as well.
After you have finished your examination, you can go and they will send report to Home Affairs.

Hope this helps.
Hi,

Thanks for your reply. However I am not going to wait for the CO to ask me to do medicals. I will be doing the medicals next month. In that case I believe I can directly download the E medical Referral letter from the Immiaccount under Health Assessment and follow the steps you have given?

Regards
RK
 
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