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Discussion Starter · #1 · (Edited)
My wife and I have been on a subclass 300 visa since April last year, we are waiting on our 820 approval however our application is still being processed.

We made a huge oversight and my wife went home to The Philippines this week - thinking the visa was active until January 19. She has just been denied entry onto her flight as the temporary visa has a line "No entry after January 5 2018" on it.

Obviously I want her back in the country as soon as possible but the reason it is urgent is because of work commitments. She struggled to find a job in her field for the last year and finally landed a great position in December. Her boss is away on leave herself this week and my wife was meant to take care of their projects in her absence.

She has a bridging visa that would have been activated had she still been waiting for the 820 approval come January 19, but she can't enter the country on this.

I'm assuming there is no way to talk to anyone from immi until Monday at 830am which is why I have come here for help (I've lurked before but never had to post).

What would be the quickest way for her to get back here with the ability to work? Would applying for a tourist visa online allow her to simply activate the Bridging A (class WA) when she arrives and then allow her to work? Would this interfere with our 820 application?



Edit: So I think the tourist visa idea is dumb and would mess things up. Would I be correct to apply for Bridging Visa B? Will doing this interfere with our 820 application?
Edit 2: Looks like she needs to be in the country to apply for that... I am at a loss...
 

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You can’t apply for a BVB unless you are holding a BVA.

The only option would be to come back on a tourist visa and try and re-in-state the bridging visa A. The tourist visa can only be granted if you have a sympathetic case officer, because technically she cannot meet “Genuine Visitor” requirements. If no tourist visa is granted, you’re looking at a new offshore partner visa, which will cost $ 7000.00.

Yet again, I would advise people to PRINT OUT their visa grant letters, incl. bridging visa grant letters and keep them in a safe place for future reference. The grant letter contains all the information about visa expiry dates, visa conditions and travel rights. This seems to happen so often that I have a suspicion that many people just skim through the first page of the grant letter on their smart phone without properly reading them.
 
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Discussion Starter · #3 ·
Yeh we have gotten very lazy with the visa stuff and completely accept responsibility for how stupid this mistake was...

Think there is any possibility they could approve the 820 visa? They requested further documents in December which we have supplied, makes me think it's now at the point where it could be approved.
 

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The biggest problem I see is a Case Officer must follow procedure and be sympathetic to your problem (interpreted policy to favour your position).

Your wife will need to meet the genuine visitor requirement to obtain a Visitor Visa. Working on a Visitor Visa is prohibited and there is no evidence you can provide that she will return before the Visitor Visa expires.

I would engage a RMA to do a submission for a Visitor Visa that can assist a Case Officer to find and exploit policy in your favour.
 

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Discussion Starter · #7 ·
Thanks for the input guys, I will contact immi tomorrow and discuss the tourist visa option and hopefully we get someone sympathetic. Lesson learnt... never get complacent when it comes to this stuff...
 

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Just remember even if she comes back on a tourist visa she won't be able to work until either the 820 is granted or the BVA is re-instated and in effect again.
 

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Be very careful with IMMI, they are not qualified to give advice and on several occasions have given advise that has resulted in disastrous results. Even when this is in writing they are not accountable for the results.

I have in the past spoken to senior persons at two Australian Embassies that did put in some favourable notes into the files of the visitors, I invited but had been rejected.

These days it seems much harder to speak to a Case Officer or person more senior.
 
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