[Jutsche]

Dear all,

I'm absolutely devasted at the moment and would be so grateful if you could help me.

My partner and I applied for the 820 De facto yesterday and immediately got confirmation of the Bridging Visa A grant. However, this visa won't come into effect until my Working Holiday Visa finishes. That will be on the 19th of January. Now the big problem: The WHV only allows me to re-enter Australia until the 23rd of November and I have read that I cannot make an application for the Bridging visa B until the BVA comes into effect. Is that true?

I need to go home over the Christmas period, not just for the event, but also because my dad's partner is terminally ill and will likely die very, very soon. I need to be there for him.

I'm worried sick here. Anyone who has been in the same situation?
The migration agent we consulted suggested I just cancel my WHV and immediately go on the BVA. Does that even work?

I hope someone can help me...

Julia

 

[Jutsche]

Nonsense. You can apply for a BVB even when your BVA has not come into effect. I have done it many times. You can apply for it through your ImimAccount. It should only take a few days. When do you intend to travel? And why is the last entry date different from your expiry date ? Have you done a VEVO check?

Are you sure this person was a migration agent? That's the most insane "advice" I've ever heard.If your WHV is canceled, your BVA will be canceled as well and you will become unlawful.

Hi CCMS,Thank you for you response. This is what it says on my Working Holiday Visa Grant: " Your visa allows you multiple entries to Australia until 23 November 2017. You are allowed to stay for a period
of 12 month(s) from the date of your first entry". The way I read this, it means I cannot re-enter Australia after that date. Or am I wrong here? Weirdly, the VEVO account says I can return as often as I want until the visa expire (19th of January) So I'm seriously confused now.

So you have applied for a BVB whilst still being on a substantive visa and you got the grant every time? - I read in this forum about cases where people got a call from Immi saying that they cannot grant the BVB based on the fact that these people had a substantive visa still ongoing (student visa in that case).

She is a registered agent and a friend of my partners family. But that advice also did not feel right to me!

Thank you so much! Your help is much appreciated.

 

[Jutsche]

And I intent to be travelling from the 19th of December until mid January.

 

[Jutsche]

Telling someone to cancel their WHV in order to activate a BVA is terrible advice. I won't believe any registered migration agent would have said that, unless I can see it in writing.

The discrepancy between tourist visa and WHV grant letters and VEVO is common.VEVO will count the time you can stay from the date of the first entry.

With the first WHV, you can:

• 
  [*]enter Australia within 12 months from the date your visa is granted (this cannot be extended or deferred)
  [*]stay in Australia for up to 12 months from the date you first enter Australia
  [*]leave and re-enter Australia any number of times while the visa is valid.

If you current visa will cease while you're overseas, there is no reason why you should not be granted a BVB. If the the visa and re-entry facility does not cease during that time, then there is no real reason why you would need a BVB at that stage, although it is always safer to have one in the background. If your visa will expire a few days after you are intending to return, I would definitely try and get a BVB.

Hi CCMS,

Thank you so much for your responses.
I know it is hard to believe, but yes, she did say that and recommended still doing it today. I'm glad I didn't.

I also got through to Immi and the lady on the phone also said that I can a) apply for the BVB now and b) can return on the WHV until 19th of January 2018. In combination with your post, this really put my mind at ease. I will go ahead and apply for the BVB just to be on the safe side.
Do I need to provide any evidence for that? The agent mentioned before also said that one should provide flight ticket bookings (return) to prove when you return. But I have read a few times that you don't need to provide proof unless they ask.

Thank you so much again!

 

[Jutsche]

Never take advice from DIBP nor it seems your friends agent - it is very very very bad information and if they are a RMA they should not be - if that is the info they gave. If it is they should be reported but only you can know if it is documented advice.

CCMS has given solid advice for you to work with.

I suggest you disregard ALL that agents advice, as it seems wrong from what you say.

Hi ampk,

Thank you for your response, firstly. I have her advice in emails, but as you can imagine, she's a friend of my partner's family and she helped us on a reduced fee.I would feel really bad about reporting her...But I will point it out to her that this was terrible and wrong advice.

In regards to DIBP - Who can you trust though? It's very tough as I at the moment feel in a constant panic about what to do.

 

[Jutsche]

Just a plane ticket/ itinerary should suffice. Note that the travel facility on the BVB usually starts on the day it is granted, so you may want to ask for 3 or 6 months to make sure you're covered.

It would be interesting to see the advice of the other agent ( and the reasoning behind it) in writing...

Yes, this was my plan. I, however, thought about buying a ticket from the 19th of December returning 13th of January to still return on the WHV. Will they consider that solid evidence since I will still be on my WHV on the date of intended return? I just don't know how severe my dad's partner's condition will be at that point of time and whether I need to stay longer in the end. So I would just need the BVB if I return before my WHV runs out.

Thank you also for pointing out the discrepancies between the grant notice and VEVO. It seems like I should rely on VEVO, from what you said. Also, it seems kind of random to set the point of multiple entry ending on the day you applied for the visa. Imagine if I applied in July 2016 and went in January 2017 - then my grant notice would've stated that my multiple entry would end in July 2017. But from all you said, I think it's just badly written - the must mean first entry needs to happen a year after the application.Correct me if I'm wrong.

 

[Jutsche]

I am always reluctant to criticise a colleague about advice they may have given, unless I can see it in writing. Too often people misinterpret or misunderstand what they have been told. Maybe this agent knows something I don't. No one is infallible and I learn new things every day.I can't see any reason to report her, unless you had been adversely affected by the advice you received.

What I do know is the following:

If a person holds a substantive visa that was granted before a BVA, BVB or BVC was granted, the BVA, BVB or BVC will cease to be in effect on cancellation of the substantive visa,whether or not the BVA, BVB or BVC has come into effect or is otherwise out of effect.

So if your WHV was granted before the BVA and you cancel the WHV, the BVA will cease.

The BVB issue is not a big deal really and you can still return on your WHV, so no need to panic. You may want to have a good look at the partner visa application though...

In your application for the BVB you can argue that you want to cover yourself in case you decide to stay longer or there are delays or flight cancellations. You may want to make multiple visits in the future. There is no harm in trying. Let us know how it works out.

Thank CCMS I do agree, especially when there's often a lot of change and loopholes.

I will do what you recommended. At the moment it seems as though the Immi upload has stopped working *sigh*. Luckily I have already uploaded most of the crucial documents.

 

[Jutsche]

Hi CCMS,

it worked! I got my BVB

Thanks so much for the encouragement!

Best,
Julia

 

[Jutsche]

Happy days! Take note of the expiry dates of all your current visas and make sure you travel back on time, allowing for delays and flight cancellations.

Totally will. I'm planning on returning on the 16th (whilst still on the WHV) but I have a buffer until 20th of February with the BVB, should I have to stay overseas longer. So all good!

 

[Jutsche]

Hope you have a lovely white Christmas!

I was about to say 'same to you' but I will make it a lovely warm Christmas instead