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Discussion Starter · #1 ·
Hi,

Our situation: My partner and I are in a long distance relationship since 1,5 years. We haven't lived together for 12 months but we registered our relationship last week. I am currently here on a three weeks holiday until September 10th.

Our plan: The plan is that I move to NSW end of December this year. That is when I wanted to apply for a partner visa. Today we saw a migration agent and he said that we could apply for a partner visa now already instead of December. This way I might omit sitting and waiting for my bridging visa to kick in beginning of next year. He said by doing so I would apply for a partner visa, a bridging visa A and bridging visa B now already which would become active end of November this year. Then when I would come end of December I would most likely enter the country with a bridging visa B and would be able to work straight away instead of applying in December for the partner visa and be forced to wait for three months until my brdging Visa A becomes active

My Question: This "most likely enter with the bridging visa B" is not convincing enough for me. In my understanding the bridging visa A becomes active only after my tourist visa expires which is one year after it was granted or after staying three months in a row here. I told that to the agent, however he said that it up to the boarder officer at the airport to decide if I am allowed to enter the country with the still active tourist visa end of November or with the bridging visa B I would obtain by applying now. Does anyone know if this is true or not

Thanks a lot
 

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You have to be onshore for your BVA to activate so if you're leaving 10th September then you will be leaving on your tourist visa and you would be re-entering on your tourist visa and as you said, 3 months after entry your BVA will come into effect.

There's no such thing as a border officer choosing which visa they let you in on, it all depends on your immigration status.
 

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BVA only kicks in when the current stay period expires on the visitor visa. The BVA is granted straight away but won't go into effect until then.

I believe it is recommended to apply for a BVB several weeks in advance so not sure you'd even have enough time to apply partner visa, apply BVB,m and get the grant, and then leave by the 10th (assuming the BVA kicks in before then which it doesn't sound like it would if you've only been here a few weeks).
 

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But you could apply, then leave before the BVA kicks in and return on the visitor visa, but then you'll still wait a 3 month period before the BVA kicks in. Personally I wouldn't do this as it seems a bit risky to me... what if they don't allow you to reenter on the tourist visa? Just because you HAVE a visa doesn't mean they have to allow you to enter.
 

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If you apply for a partner visa now, a BVA would be granted and you could apply for a BVB.

If you went overseas and returned to Australia while your tourist visa was still valid, you would be re-entering on the tourist visa.

If the tourist visa expired while overseas, you would be re-entering on the BVB, provided the travel facility was still valid.

If you are in a position to apply for a partner visa now, then that would remove the risk of not being allowed to re-enter on a tourist visa in December for whatever reason.I don't think it is a major risk for someone from a low-risk country, but it can happen, if an immigration officer has concerns about your intentions.
 

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Discussion Starter · #6 ·
Hi,

thanks for your replies. I guess i will be applying in December then because there is no benefit of doing so now. I personally dont see a risk of leaving now and coming back on my tourist visa since i have been here many time and have studied here for one semester and they never had any issue about me entering the country

One additional question: I understand that when I apply for a partner visa i automatically apply for a BVA. Do I have to mention / tick a box or whats or ever to note that i would like to work straight away? I have read that ppl got automatically the permit to work. Others didnt...

Thanks a lot
 

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Hi,

thanks for your replies. I guess i will be applying in December then because there is no benefit of doing so now. I personally dont see a risk of leaving now and coming back on my tourist visa since i have been here many time and have studied here for one semester and they never had any issue about me entering the country

One additional question: I understand that when I apply for a partner visa i automatically apply for a BVA. Do I have to mention / tick a box or whats or ever to note that i would like to work straight away? I have read that ppl got automatically the permit to work. Others didnt...

Thanks a lot
Bridging visa A comes with full work rights if you're applying onshore for a partner visa so you don't have to tick anything.

You won't be able to work straight away though, only once your BVA is active (so 3 months after your entry into the country if you're coming back on your tourist visa).
 

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You don't apply for a BVA, it is automatically granted after an onshore partner visa application is made. You cannot work until it is active though, which is after that 3 month stay period on the tourist visa expires. No getting around that.
 

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Discussion Starter · #9 ·
I meant after three months with the"straight away". I understood that I will have to wait for three months in any case :). Thanks for your replies :)
 

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You don't apply for a BVA, it is automatically granted
You do in fact apply for a BVA as well if you apply in Australia for a certain type of visa when you are still the holder of a substantive visa. It is automatically applied for, not automatically granted.
 

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You don't apply for a BVA, it is automatically granted after an onshore partner visa application is made. You cannot work until it is active though, which is after that 3 month stay period on the tourist visa expires. No getting around that.
Skybluebrewer. Are you able to confirm the legitimacy that a BVA will kick in after the max 3 month stay (with 12 month multiple entry condition)? And how?

I am currently looking at visa options for my girlfriend to join me when I return to Australia, and while this seems like it would be a great option (tourist visa for 3 months into a BVA until 820 clears), however it seems like such an obvious loophole in the system that everyone wanting to come to Australia would pursue this path.
 

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Skybluebrewer. Are you able to confirm the legitimacy that a BVA will kick in after the max 3 month stay (with 12 month multiple entry condition)? And how?

I am currently looking at visa options for my girlfriend to join me when I return to Australia, and while this seems like it would be a great option (tourist visa for 3 months into a BVA until 820 clears), however it seems like such an obvious loophole in the system that everyone wanting to come to Australia would pursue this path.
You can read it for yourself on the BVA grant letter.

And a lot of people DO take that path. It now can take 1-2 years or longer for an 820 grant.

There are also changes in immigration approaching that appear to be trying to limit such onshore applications. No exact word yet what they'll be but knowing immigration, the day you find out will be the day it begins.
 

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If your stay is 3 months, and you remain in Oz that whole time, then the stay period will expire. It doesn't just keep going. So once it runs out, the BVA will kick in to cover the period between your visitor visa stay period expiring and a decision on the 820.

But you have to remain in Oz that entire stay period. If you leave one month in for a one week holiday out of the country, when you reenter the stay period resets and you'll be at Day 1 of 3 months.
 

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(tourist visa for 3 months into a BVA until 820 clears), however it seems like such an obvious loophole in the system that everyone wanting to come to Australia would pursue this path.
It is not a loophole. There are 2 different systems at play here. One is the stay period of the tourist visa and the other one is what happens when you validly apply for a visa in Australia that can be granted in Australia and which will result in you being granted a bridging visa.

The concern ,when it comes to partner visas, is that possibly next year the sponsorship must be approved first, before the visa application can be lodged. This could be problematic for someone on a tourist visa with a 3 month stay period. What if the sponsorship has not been approved within those 3 months? Without a validly lodged visa application, there would be no bridging visa.
 

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You can read it for yourself on the BVA grant letter.

And a lot of people DO take that path. It now can take 1-2 years or longer for an 820 grant.

There are also changes in immigration approaching that appear to be trying to limit such onshore applications. No exact word yet what they'll be but knowing immigration, the day you find out will be the day it begins.
Thanks for the reply. Yes, that was one concern I had regarding the BVA, if the bridging visa would hold for the duration of the waiting period between end of 600 visa and decision on 820 visa, or if it is limited to a period of time. Is this something that you may know too? Or does it change on a case-to-case basis?

I don't suppose you know around about when those changes may be coming in?
 

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Thanks for the reply. Yes, that was one concern I had regarding the BVA, if the bridging visa would hold for the duration of the waiting period between end of 600 visa and decision on 820 visa, or if it is limited to a period of time. Is this something that you may know too? Or does it change on a case-to-case basis?

I don't suppose you know around about when those changes may be coming in?
Under the current system it is not a problem. If you lodge a valid partner visa onshore, you will be granted a bridging visa that will come into effect when your tourist visa expires and will remain valid until a decision has been made on you partner visa application, which could be anywhere between 12 and 18 months. If the visa is refused, your bridging visa will remain valid for another 35 days.

If a separate sponsorship needs to be approved before you can lodge a partner visa application, then you may not be able to be granted a bridging visa before the stay period of your tourist visa expires.

I don't know if and when these changes will be implemented. DIBP tends to give very little notice.
 

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Under the current system it is not a problem. If you lodge a valid partner visa onshore, you will be granted a bridging visa that will come into effect when your tourist visa expires and will remain valid until a decision has been made on you partner visa application, which could be anywhere between 12 and 18 months. If the visa is refused, your bridging visa will remain valid for another 35 days.

If a separate sponsorship needs to be approved before you can lodge a partner visa application, then you may not be able to be granted a bridging visa before the stay period of your tourist visa expires.

I don't know if and when these changes will be implemented. DIBP tends to give very little notice.
Good to have another opinion on the plausibility of tourist visa to BVA, thanks for the advise.

Based on other answers and information I have found through the forum, I guess that when the BVA kicks in after the 600, the applicant will have right to study and work until a decision is made on the 820?
 
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