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Discussion Starter · #1 ·
Hi everyone Me and my partner will lodge our partner visa onshore next week(very excited)
Here is the thing I don’t understand.
He came over from Ireland on a visa 651- 12 month tourist visa with 3 month stay restrictions (ie he has to leave the country every 3 months). In my eyes , if we lodge our partner visa, and he stays in Australia past the 3 months, he has broken the tourist visa and the bridging visa from the partner visa will come into effect?
My immigration lawyer has said No, this isn’t correct. The tourist visa won’t expire for 12 months and that after we lodge our partner visa , he needs to cancel his tourist visa and then go onto a bridging visa E and then apply for working rights????
Please help 😭
 

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Is your immigration lawyer a registered migration agent?

If your partner's 651 has 3-month stay conditions, then it will expire when he remains past that period and the bridging visa will come into effect.
 

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I think you need a new immigration lawyer. What you are asking is very basic immigration information.

When you lodge the 820 a BVA gets granted but it does not come into effect until the substantive visa (651 visa) ceases. In your case as it is max 3 month stays the 651 ceases once the 3 months expire and after that the BVA comes into effect.

I think you really need to consider if you should be using this immigration lawyer when they can't get something so basic correct.
 

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Discussion Starter · #4 ·
That was exactly what I thought but my agents have told me we need to cancel the tourist visa then Abbott for BVE and then apply for work rights 😭
 

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You want to avoid a BVE as the work rights aren't guaranteed and it comes with no ability to apply for a BVB if you want/need to travel while the 820 is being processed.

If you look through the forum, you will find numerous posts confirming that you simply stay beyond the 3-month visit and your BVA will then take effect.
 

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Hi everyone Me and my partner will lodge our partner visa onshore next week(very excited)
Here is the thing I don't understand.
He came over from Ireland on a visa 651- 12 month tourist visa with 3 month stay restrictions (ie he has to leave the country every 3 months). In my eyes , if we lodge our partner visa, and he stays in Australia past the 3 months, he has broken the tourist visa and the bridging visa from the partner visa will come into effect?
My immigration lawyer has said No, this isn't correct. The tourist visa won't expire for 12 months and that after we lodge our partner visa , he needs to cancel his tourist visa and then go onto a bridging visa E and then apply for working rights????
Please help 😭
I'm reluctant to comment on advice given by other migration agents/ lawyers unless I can see it in writing, but if this was the advice you received,it must be just about the worst 'advice" I have heard for a long time.

If the tourist visa has a 3 month stay period, it will cease if he remains in Australia after the 3 months are up. The bridging visa granted in conjunction with the onshore partner visa application will then come into effect.

You should double check that the maximum stay period is indeed 3 months and not 12 and that the visa does not have a "no further stay" condition on it.

If the "immigration lawyer(?) has indeed provided incorrect advice about such a basic issue, I would definitely not entrust a partner visa application to them.
 
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As Maggie and Mish say, the BVA will come into effect when the 3 month stay on the visitor visa is over.

If you lodge an application for an onshore partner visa, the associated BVA will have nil conditions attached.

Given the advice you have received to date from your "lawyer", you may want to have a qualified RMA take a look at the application before it is submitted and you pay over $7,000.
 
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Discussion Starter · #8 ·
Thanks everyone
What a stressful time and we haven’t even lodged the visa yet 😭😭😭

Can I pick your brains about some visa evidence.

Do I need to show all our joint account bank statements? And do we need to show all our own individual bank account statements also?
 

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Thanks everyone
What a stressful time and we haven't even lodged the visa yet 😭😭😭

Can I pick your brains about some visa evidence.

Do I need to show all our joint account bank statements? And do we need to show all our own individual bank account statements also?
Unless you know what you are doing, find yourself a decent migration agent and most of the stress will disappear, as you will be guided through the entire process by a professional who knows all the ins and outs..
 

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Discussion Starter · #10 ·
I’m pretty switch on and have spent money on that lawyer. But some advice re financial proof would be appreciated ☺
 
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