[gavins83]

Hi All,


New hear trying to get some answers to what seems to be complicated question.

Married in December 2017 and put in an application for the partner visa in January while in Australia.
Wife is currently on a Multiple Entry Tourist Visa with the 90 day limit and that expires June 2019.

The sticking point for is she is 14 weeks pregnant and we are trying to organise the next 6 months so that she can be here for the birth and not have to travel to close to and after the birth.
This is also assuming that she is in good health and able to travel back home to Indonesia

Main question – Is it possible for the 90 day stipulation to be extended due to medical reasons even though there is pending application for a partner visa.?

Thanks

 

[CCMS]

You can't extend a tourist visa as such (even though the term is used in the online application).

You basically apply for a new, onshore, tourist visa (provided the current one has no condition 8503).

Things to consider:

• It is unlikely to be granted if she has already spent 12 months in Australia.
• If granted, it will replace the previous visa tourist straight away, so it is important to get the timing right.
• It may only be granted for a short period.
• It may come with condition 8503.

 

[gavins83]

Thanks for the response. So in a nutshell I can apply for another tourist visa even though the current doesn’t expire until June 2019? I’m not sure if that is any benefit coz it wouldn’t give me any more time and potential mess with my partner visa application. All in looking for is the 90 days to be extended fro like 120 days for potentially medical reasons but going off what you have said it’s not that simple

 

[Maggie-May24]

If she's applied for the onshore partner visa, she should have a bridging visa A that allows her to remain in Australia once she overstays one of her 3-month visits.

 

[CCMS]

If she's applied for the onshore partner visa, she should have a bridging visa A that allows her to remain in Australia once she overstays one of her 3-month visits.

Good point, I completely missed the fact that an onshore partner visa had been lodged. I was assuming it was an offshore application.

You'd think though that in that case a bridging visa grant letter would have been issued which would have clearly explained the option to remain in Australia on a bridging visa ?

 

[gavins83]

Yes the bridging visa simply stated that it’s not in effect until the current visa expires. It’s a bridging visa A with all its stipulations. Frustrating you can’t jsut ask the department for advice. Lawyers are charging $150min jsut for a consultation and they won’t provide answers I’m guessing

 

[CCMS]

Yes the bridging visa simply stated that it's not in effect until the current visa expires. It's a bridging visa A with all its stipulations. Frustrating you can't jsut ask the department for advice. Lawyers are charging $150min jsut for a consultation and they won't provide answers I'm guessing

It is very simple. The bridging visa comes into effect when the tourist visa ceases.

The tourist visa ceases either when it expires by itself or when the stay period is up and the visa holder remains in Australia.

A bridging visa A does not have travel rights.

And you got all this information for free from a registered migration agent.

$ 150 a minute ? Don't start giving them ideas...

 

[wrussell]

You should be able to check the ImmiAccount (or VEVO) to verify the immigration status of the visa applicant.

 

[Skybluebrewer]

Yes the bridging visa simply stated that it's not in effect until the current visa expires. It's a bridging visa A with all its stipulations. Frustrating you can't jsut ask the department for advice. Lawyers are charging $150min jsut for a consultation and they won't provide answers I'm guessing

Yes, but you need to look up the definition of expiring.

"Visa expiry date: outside Australia, this is the date your visa ends. In Australia, this is the date the period of stay ends on your visa."

So as already mentioned, the BVA will go into effect once she has stayed over her three month stay period. If she leaves before then and comes back, the stay period will reset. Check VEVO and it'll have the date the stay period ends. She just needs to stay onshore until after that date, then you can do a VEVO check to see the BVA is active.

Also, if she doesn't already have it, she was eligible for Medicare the day she applied for the 820/801.

And read the BVA grant letter. Not all BVAs have the same conditions. She should have full work rights (omce active) though no travel. All it takes to travel is a BVB that she can apply for if needed.

 

[gavins83]

Thanks all.
Perhaps more clarification is required. She was granted a 3 year multiple entry tourist visa June 2019. 90 days is the longest she can stay at a time. The only thing we were trying to get information on was is it possible to have that 90 days extended due to possible medical reasons due to giving birth. We understand the bridging visa rules and when that comes into effect. The grey area is that the we aren’t looking for the tourist visa to be extended beyond its expiry date we are looking for the 90 day rule to be possibly extended.

Sorry the $150 was for the consultation.

 

[wrussell]

It is very simple. The bridging visa comes into effect when the tourist visa ceases.

The tourist visa ceases either when it expires by itself or when the stay period is up and the visa holder remains in Australia.

A bridging visa A does not have travel rights.

And you got all this information for free from a registered migration agent.

$ 150 a minute ? Don't start giving them ideas...

Might have meant minimum.

The Law Council of Australia, the peak lobbying body for Australian lawyers, has taken direct aim at the migration agent profession with a shocking set of recommendations to the government that include banning migration agents from representing clients at the AAT, prohibiting migration agents from providing citizenship advice, increasing the minimum English score for new migration agents, and implementing a period of required supervised practice for new migration agents among other recommendations...

Note:

For a ripoff to take place there must be at least two parties - The ripper and the rippee.

 

[Skybluebrewer]

Thanks all.
Perhaps more clarification is required. She was granted a 3 year multiple entry tourist visa June 2019. 90 days is the longest she can stay at a time. The only thing we were trying to get information on was is it possible to have that 90 days extended due to possible medical reasons due to giving birth. We understand the bridging visa rules and when that comes into effect. The grey area is that the we aren't looking for the tourist visa to be extended beyond its expiry date we are looking for the 90 day rule to be possibly extended.

For what purpose? She can stay indefinitely until a decision is made on the partner visa.

I don't understand why you're trying to extend a stay period when she is already able to stay.

 

[gavins83]

Because the tourist visa is still in effect not the bridging visa. Says it clearly in the bridging visa letter. This means she has to live by the tourist visa rules. That’s why she’s been traveling overseas every 90 days. The bridging visa says no travel allowed

 

[Skybluebrewer]

You're misunderstanding then.

She does not need to go offshore. She can stay in Australia.

The tourist visa will cease once she stays the 90 day stay period and does not leave, and the BVA will take over. That is how the system is designed. It is NOT the visa expiration in 2019 like you believe. I've already cited the source of the definition that the expiry when she is ONSHORE is the stay period ending, which again can be seen in VEVO.

Literally all she has to do is not leave and she will be fine. She never had to leave once after the 820/801 application was made.

But don't believe me, everyone else that has said it, or the immigration website itself. That's your choice to continue spending money and having her leave, further stopping the bridging visa designed to allow her to stay in Australia from going into effect.

 

[CCMS]

Because the tourist visa is still in effect not the bridging visa. Says it clearly in the bridging visa letter. This means she has to live by the tourist visa rules. That's why she's been traveling overseas every 90 days. The bridging visa says no travel allowed

The tourist visa will cease if she remains in Australia once the 3 month stay period is up. Then the bridging visa A will come into effect. Once the partner visa application had been lodged there was no need for your partner to leave Australia again. Make sure she stays put.

 

[Skybluebrewer]

It can be confusing, but we're trying to clarify it. You can do a search through this forum and see how others talk about the BVA going into effect when their stay period ended if you want assurance that's what happens.

Keep in mind though if you choose to continue having her leave every 90 days that June 2019 isn't when the BVA will go into effect necessarily either. If she enters on 31 May, the stay period is still 90 days. So as in the definition immigration gives, the visa actually won't expire until 31 August because she's onshore with a 90 stay period allowance. Only after that stay period ends will the BVA go into effect. So even if she enters on 31 May, because the stay period is allowed, the BVA wouldn't go into effect in June 2019 anyway.

Basically, she needs to stay beyond the 90 day stay period no matter what for the BVA to go into effect.

 

[gavins83]

Thank you all.
Confirmed with the government too. Much appreciated for the assistance