[gregusse]

Hi everyone,

We're hoping for some advice and that someone may have been in a similar situation.

My partner and I are going to apply for a partner VISA. I'm Australian and my Partner is French. He came to Australia on a 12 month tourist visa in August last year because we didn't yet have the money to apply for the partner visa. We were ready and willing to wait the 12 months until he got on a bridging visa. However, he then had to go back to France to see his family. He came back to Australia in March 2019 and immigration granted another 12 months tourist visa. What we hadn't realised was that he was granted a 12 month on each arrival visa, meaning he can't work until March 2020.

We are trying to figure out how to resolve this situation so that he can work earlier. We were thinking of asking for another tourist visa 600 (maybe just for a month) which would override the current longer visa. Then we would apply for partner visa and he could go on BVA sooner. Does anyone have experience with this? Do you think they would approve a shorter visa if we stated our case that we are trying to get him on a BVA with a partner visa application?

We're also aware of new changes to partner visa which may affect things. We're not worried about our eligibility for partner visa, we just want him to be able to work sooner.

We are a bit lost and have been told by Home Affairs and a Migration Agent that it's apparently is not a common situation. Any ideas or experiences would be most appreciated

Thanks so much in advance

 

[rkaustralia]

Hi,

As far as I know even if your partner is here on a tourist visa as soon as you r partner visa is granted your partner will be asked to leave the country and re enter to validate the partner visa. He wont be able to work on the tourist visa anyway, so once the partner visa is granted it will override the tourist visa and hence your parnter will be asked to leave the country and reenter to validate the partner visa and thats when he can start working.

So my suggestion would be not to cancel or shorten the visa and keep it for the 12 months beacause the partner visa processing times are quite long these days.

Only my thoughts there are some more experienced guys/ gals on this forum so please don't quote me on this.

 

[ampk]

It seems they have not yet applied for a Partner Visa - but intent to apply onshore for a Partner Visa 820.

If that is correct they will not be asked to leave the country for the grant.

Is a bit tricky to get granted a shorter visa for your reason/s and meet the criteria for a Visitor Visa grant - most likely it would be refused on grounds of temporary entrant and/or genuine visitor grounds.

Might pay to consult a good RMA to work on a plan within the rules and not supply false/misleading information in the process.

 

[LadyRogueRayne]

You could always apply for a shorter visa; however, if you do, it could have the 8503 no further stay clause added to it, which would mean you could not lodge an onshore visa. If you aren't sure of all this, I'd highly recommend a consult with a RMA. If it were me, I wouldn't risk it. I'd stick with the current visa and just apply for the 820/801. It's more difficult when you don't have work rights; however, think about the alternative. If he does get a shorter visitor visa and the 8503 condition is attached, that would render him unable to lodge an onshore visa at all. Or, if they deny it, it's even worse. Either way, the work rights won't matter as he'd have to apply offshore. Ultimately, it's up to you.

 

[gregusse]

Hi everyone,

Thanks for your replies.

No, we have not yet applied for the partner visa as we didn't have the funds ready last year.

We definitely would be frank and honest in any application, but I suppose you're right, they could refuse on genuine visitor grounds.

We did consult one RMA, but she had never seen this situation so was hoping for a second opinion. She was the one who suggested applying for a shorter visa.

Thanks again and if anyone else has any ideas, we're open to them

 

[Cebu]

Hello, I applied for a one month tourist visa, but granted for a year. Is your visa stated 3mos per entry? Like mine. We lodged my partner visa one month after arrival here, my BVA will be active after my third month here with no restrictions.

 

[ampk]

Hello, I applied for a one month tourist visa, but granted for a year. Is your visa stated 3mos per entry? Like mine. We lodged my partner visa one month after arrival here, my BVA will be active after my third month here with no restrictions.

The OP appears to have a 12 month stay period - per entry.

 

[Maggie-May24]

A 651 e-visitor visa may be a better option. Whether it would be approved when he already holds a valid visitor visa is unknown

 

[Skybluebrewer]

You should be concerned about upcoming changes because if you tried to get a shorter visa and the sponsorship side took longer than that visa had left on it, then it could be an issue.

Like already mentioned, applying for another visitor visa risks the NFC condition.

The 820 would take over if granted while the visitor visa is still in effect, but wait times can take a while. Occasionally you'll hear of someone that got it within a few months but it seems rare enough to not hope for.

Is the WHV 417 an option?

As for the 651, I'd be concerned about a possible refusal. They would see you still have a multi-entry visa that allows you to visit, so why are you applying for another one?

I'm not a professional, just thinking out loud of things I would want answers to before making a decision.

I agree with the above posts that you're best bet is to seek advice from a professional. You may end up stuffing it up and in a worse position than you were just waiting for the 12 month stay to end and the BVA to kick in.

 

[IAMShy]

Hello, I applied for a one month tourist visa, but granted for a year. Is your visa stated 3mos per entry? Like mine. We lodged my partner visa one month after arrival here, my BVA will be active after my third month here with no restrictions.

Hello also a pinay here, I am curious about BVA. When did you receive BVA notification? Did they email notify you? I was worried about that because me and my partner wished for me not to go back to Philippines as it will be quite expensive I have to bring three kids with me and a lot of stuff.
I also applied for a tourist visa but was granted 3 mos entry. My visa will expire on Nov 30. Me and my partner (pinoy aussie citizen) plans to submit a partner visa but still gathering funds for the visa quite expensive like gregusse we also didn't have funds ready yet. Maybe we could lodge next week but I am now worried if I can still make it will I be given a BVA if we lodge it next week? Does someone here same as in my case?

 

[LadyRogueRayne]

Hello also a pinay here, I am curious about BVA. When did you receive BVA notification? Did they email notify you? I was worried about that because me and my partner wished for me not to go back to Philippines as it will be quite expensive I have to bring three kids with me and a lot of stuff.
I also applied for a tourist visa but was granted 3 mos entry. My visa will expire on Nov 30. Me and my partner (pinoy aussie citizen) plans to submit a partner visa but still gathering funds for the visa quite expensive like gregusse we also didn't have funds ready yet. Maybe we could lodge next week but I am now worried if I can still make it will I be given a BVA if we lodge it next week? Does someone here same as in my case?

As long as you apply for the Partner visa BEFORE your 3 month stay period is up, you'll receive a BVA that will take effect once your 3 month stay is up. So yes, if you lodge next week, you should be fine.

 

[IAMShy]

Whew, Thank you heaps for that LadyRogueRayne appreciate much your reply. I was so worried and now my worries are lesser

I was thinking I will submit PV on Nov 22 then I will supply medical and police check somewhere after 3 months. May I ask if you have submitted statement of declaration? JP'd?

 

[LadyRogueRayne]

Whew, Thank you heaps for that LadyRogueRayne appreciate much your reply. I was so worried and now my worries are lesser

I was thinking I will submit PV on Nov 22 then I will supply medical and police check somewhere after 3 months. May I ask if you have submitted statement of declaration? JP'd?

Yes, we did supply Stat Decs for both my husband and myself when we applied for the 820 visa. We did go to the JP to have it witnessed. Best of luck! Just make sure you apply/pay before your current visa stay expires.

 

[JandE]

Hello also a pinay here, I am curious about BVA. When did you receive BVA notification? Did they email notify you? I was worried about that because me and my partner wished for me not to go back to Philippines as it will be quite expensive I have to bring three kids with me and a lot of stuff.
I also applied for a tourist visa but was granted 3 mos entry. My visa will expire on Nov 30. Me and my partner (pinoy aussie citizen) plans to submit a partner visa but still gathering funds for the visa quite expensive like gregusse we also didn't have funds ready yet. Maybe we could lodge next week but I am now worried if I can still make it will I be given a BVA if we lodge it next week? Does someone here same as in my case?

Most people will get the BVA notification almost immediately after applying for the 820, and it will come into operation when the current visa expires.
eg:
We applied for the 820 on 14/5/16
The BVA grant notice was dated 14/5/16, saying it has been granted, and will come into effect when the current visa at that time expires.

Some people on one year visitor visas get multiple three month stays, and the BVA kicks in at the end of the current 3 month stay.

Some people though, get a full 12 month stay, and the BVA kicks in when that visa ends. I assume you can leave Australia, to force it to end early, and come back on the BVA. We did that, going to Vanuatu, from our 12 month stay Visitor visa, to activate the PMV. It avoided having to do the CFO in the Philippines.

In your situation, I would suggest getting the 820 application is as soon as possible. Before the last few days of your 600.

 

[IAMShy]

Yes, we did supply Stat Decs for both my husband and myself when we applied for the 820 visa. We did go to the JP to have it witnessed. Best of luck! Just make sure you apply/pay before your current visa stay expires.

Ok we will do the same have it Jp'd as well. We are certainly gathering funds now I pray we will have soon on his (partner's) coming pay next week.

Yes, I need that much of Luck tehehe

Thank you so much Cheers

 

[IAMShy]

Most people will get the BVA notification almost immediately after applying for the 820, and it will come into operation when the current visa expires.
eg:
We applied for the 820 on 14/5/16
The BVA grant notice was dated 14/5/16, saying it has been granted, and will come into effect when the current visa at that time expires.

Some people on one year visitor visas get multiple three month stays, and the BVA kicks in at the end of the current 3 month stay.

Some people though, get a full 12 month stay, and the BVA kicks in when that visa ends. I assume you can leave Australia, to force it to end early, and come back on the BVA. We did that, going to Vanuatu, from our 12 month stay Visitor visa, to activate the PMV. It avoided having to do the CFO in the Philippines.

In your situation, I would suggest getting the 820 application is as soon as possible. Before the last few days of your 600.

Oh, is that possible? So let's say if my BVA kicks in Dec 1 until when does it expire? Do I need to re-apply BVA again so it will not expire? I only know that BVA is only temporary but I am not aware of how long. How do I maintain the BVA as they say the PV is 2 years waiting period.

I am sorry I was so confused I am worried as we cannot afford to go home as my three kids have been already granted citizenship by descent and we plan to let them study here by January. And If I did not make it the kids will have to go back with me then another expenses for travel etc

 

[paulhand]

I assume you can leave Australia, to force it to end early, and come back on the BVA. We did that, going to Vanuatu, from our 12 month stay Visitor visa, to activate the PMV. It avoided having to do the CFO in the Philippines.

In your situation, I would suggest getting the 820 application is as soon as possible. Before the last few days of your 600.

That would depend on the multiple entry status.

They cannot come back on a BVA - they would need to apply for a BVB before they left. Your situation was different - you went offshore to enable the grant of the substantive visa you had applied for.

 

[wrussell]

A BVA has no return travel rights.
If an applicant departs Australia on a BVA s/he will need to obtain another visa to return. Exceptions to this are SOME cruises, where the applicant is deemed not to have left Australia. This is a problem for some applicants who must be outside Australia for a visa grant and believe they were, but were deemed not to be.

 

[IAMShy]

That would depend on the multiple entry status.

They cannot come back on a BVA - they would need to apply for a BVB before they left. Your situation was different - you went offshore to enable the grant of the substantive visa you had applied for.

Oh, yes I have also seen/read the BVB on the DHA website. In my case we will apply PV onshore only. And as much as we could we are trying to stay onshore it's difficult going back with three kids with me as my partner will have to stay here to continue working to sustain us financially. Can't afford to be both not working now as PV is quite amount.

 

[JandE]

Oh, is that possible? So let's say if my BVA kicks in Dec 1 until when does it expire? Do I need to re-apply BVA again so it will not expire? I only know that BVA is only temporary but I am not aware of how long. How do I maintain the BVA as they say the PV is 2 years waiting period.

I am sorry I was so confused I am worried as we cannot afford to go home as my three kids have been already granted citizenship by descent and we plan to let them study here by January. And If I did not make it the kids will have to go back with me then another expenses for travel etc

Our BVA grant stated it was valid until the 820 decision is made.
If the 820 is granted, the 820 automatically replaces the BVA.
If the 820 is refused, the BVA expires 28 days after your are notified.

Most 820's are currently finalised within 20 months, many at around 12 months.