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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 lawyer MARA registered?
either way get someone else, probably one of the agents from this forum.
that info is wrong, if they are wrong about that basic bit of info what else are they getting wrong?
 

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That is very basic knowledge that they are getting incorrect so no, I wouldn't trust them.

The BVA will go into effect when the current stay period expires. So if the stay period is 3 months, then they need to remain onshore for that entire 3 months and after that the BVA will take over.

Every time he leaves the country before that happens, the stay period resets further delaying the BVA going into effect.
 

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If you cancel the tourist visa, the BVA also gets cancelled and then he becomes unlawful, has to get a BVE and that won't come with any chance of travel rights (no BVB allowed) or work rights. That is absolutely the worst thing you could do.

Just stay onshore and let the 3 month stay period end. That is how the BVA is designed... that visa ends and it bridges you until a decision is made on the next visa.

FYI, the actual expiration date of the visa is irrelevant to this so something else he's wrong about. The expiration is a last entry by date. If you entered the day before the expiration date, there would still be a 3 month stay period. The BVA wouldn't go into effect the next day on the expiry of the visa, only when the stay period ends.
 

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Discussion Starter · #6 ·
Thank you for your amazing replies everyone.

I am so lost and upset about it all to be honest 😭😭

So you think cancelling the tourist visa and applying for a bridging visa E is the worst decision ever ?? That was the lawyers advice 😔

Also another question- I read the the bridging visa a that gets granted will have the same conditions as the previous visa, which would be a tourist bisa!!! So no work rights??? Is that correct ???
 

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Why cancel the tourist visa and go on the BVE when you can just do it the way it's designed and stay on a BVA with work rights and the ability to travel with a BVB? Yeah, that's terrible advice. BVE is a last resort if the current visa gets cancelled. I don't know why you would intentionally cancel the tourist visa in this situation.

Sometimes that's the case with the BVA, but not with one granted from an 820/801 application. You'll notice when you get the grant after applying that it has "nil" conditions.

My BVA from an 820/801 app: "When your Bridging visa (class WA) is in effect, you will have full permission to work."

One of two things are happening here... either this guy is completely wrong and you need to stop using him, or you and your partner are misunderstanding what he is saying.

If in fact he's on a tourist visa with 3 month stay periods and has not violated the conditions of that visa, then there's no reason to even be discussing canceling it and going on a BVE. Apply for the 820/801 before the stay period ends, READ the BVA grant letter, and the BVA conditions listed on the grant letter apply once the BVA is in effect.
 

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And think about this logically... Why would immigration grant a BVA with an 820/801 application that comes with full work rights and the ability to apply for a BVB if you need to go offshore and return if the "best" choice is to cancel your current visa, become unlawful, then apply for a BVE with no travel or work rights? And FYI, they don't always grant work rights when you apply for them on a BVE.

That makes no sense whatsoever. Like I said, either it's bad advice or you're misunderstanding. Or there's something you're not telling us that complicates the matter.
 

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is the individual you are dealing with MARA registered?
some places are associated with one but you should only ever deal with a MARA agent/person, after all they are who you are paying for.
but as we have said, they are giving you very wrong and bad advice.
 

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Discussion Starter · #12 ·
I don’t think there is anything I’m not mentioning, what else could complicate matters???

They literally told me because he is on a visitor 651 and it is a 12 month visa, it expires in a year.
When I asked about the 3 months expiry, ie the condition that you need to leave every 3 months, they said this isn’t an expiry, it is a condition!!!
 

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Discussion Starter · #13 ·
They only thing he has is a conviction from 5 years ago for drink driving and he had no convictions before and none after- an isolated mistake. No sentence time or anything like that.

And he applied for a Canadian Visa awhile back and it was refused based on this conviction as there criteria is very different to here. I think they ask have you been denied a visa before? Is it better to say yes here or are they more talking about australia?

That’s all I can think of that I’m worried about.
 

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Discussion Starter · #15 ·
Like the conviction and Canadian Visa thing is a completely different matter to cancelling his tourist visa, applying for a bve then try apply for working rights???
 

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Discussion Starter · #17 ·
Ok thank you for all your help.
I am almost tempted to do the application myself as I did my own PR and am doing my own citizenship.

Are you pretty confident that his tourist visa will expire after 3 months and that his BVA will come into effect with full working rights??



Another question- my partner doesn’t know his fathers date of birth. Is that a big issue?
 
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