Hi! I'm currently waiting for my 801 visa for which I applied in April 2022. Since the median processing time is 13 months, I will probably get the decision within the next few months. I'm going to Europe with my partner to visit family for a month in June-July. I'm worried because I'm aware that if the 801 visa gets rejected (very unlikely but still a possibility) while overseas you can't appeal the decision. Then I found this website page (https://www.rpmlawyers.com.au/somet...seas-whilst-your-permanent-onshore-partner-visa-subclass-801-is-being-processed) which says:
"...notwithstanding that subclass 820 visa holders can leave Australia and return to Australia whilst their subclass 820 visa is current, I recommend that they consider applying for a Bridging Visa B (BVB) before they depart Australia.
The reasons for my recommendation are slightly complex:
⦁ Firstly, whilst most subclass 801 permanent partner visa applications are approved, not all are.
⦁ If a person’s subclass 801 application was refused whilst they were overseas, their subclass 820 visa would cease at the date of the refusal.
⦁ They would then need to apply for another visa (most likely a visitor visa) to return to Australia to be able to lodge an appeal of the subclass 801 refusal – within the time-limit allowed to lodge the appeal. The appeal application can’t be lodged whilst the person is outside Australia.
⦁ The person would need to apply for and obtain a visitor visa very quickly, so as to be able to get back to Australia in time to lodge the appeal. Unfortunately, obtaining a visitor visa is not always easy, quick, or straight-forward.
⦁ Subclass 820 visa holders hold an (inactive) Bridging Visa A (BVA) – that is associated with their subclass 801 visa application.
⦁ BVA holders are eligible to apply for a BVB. A BVB holder can return to Australia on that BVB during the validity of the ‘re-entry period’ that is specified on the BVB – so they wouldn’t normally need to apply for a visitor visa to re-enter Australia if their subclass 820 visa ceases (due to a subclass 801 visa application refusal) whilst they were overseas.
So, even though a person may consider that it is extremely unlikely that their subclass 801 visa application will be refused, they may want to apply for a BVB before travelling overseas anyway – for added security when they are overseas."
Does this mean all I have to do is get a BVB and that will allow me to return to Australia in case of something going wrong? I can't find any info on this other than that website.
Thank you 🙏
"...notwithstanding that subclass 820 visa holders can leave Australia and return to Australia whilst their subclass 820 visa is current, I recommend that they consider applying for a Bridging Visa B (BVB) before they depart Australia.
The reasons for my recommendation are slightly complex:
⦁ Firstly, whilst most subclass 801 permanent partner visa applications are approved, not all are.
⦁ If a person’s subclass 801 application was refused whilst they were overseas, their subclass 820 visa would cease at the date of the refusal.
⦁ They would then need to apply for another visa (most likely a visitor visa) to return to Australia to be able to lodge an appeal of the subclass 801 refusal – within the time-limit allowed to lodge the appeal. The appeal application can’t be lodged whilst the person is outside Australia.
⦁ The person would need to apply for and obtain a visitor visa very quickly, so as to be able to get back to Australia in time to lodge the appeal. Unfortunately, obtaining a visitor visa is not always easy, quick, or straight-forward.
⦁ Subclass 820 visa holders hold an (inactive) Bridging Visa A (BVA) – that is associated with their subclass 801 visa application.
⦁ BVA holders are eligible to apply for a BVB. A BVB holder can return to Australia on that BVB during the validity of the ‘re-entry period’ that is specified on the BVB – so they wouldn’t normally need to apply for a visitor visa to re-enter Australia if their subclass 820 visa ceases (due to a subclass 801 visa application refusal) whilst they were overseas.
So, even though a person may consider that it is extremely unlikely that their subclass 801 visa application will be refused, they may want to apply for a BVB before travelling overseas anyway – for added security when they are overseas."
Does this mean all I have to do is get a BVB and that will allow me to return to Australia in case of something going wrong? I can't find any info on this other than that website.
Thank you 🙏
