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Applying for an eVisitor after having onshore visa application refused

3K views 6 replies 4 participants last post by  Carito-Doug 
#1 ·
Hi everyone,

My partner had her 485 visa application refused for not having a positive skills assessment, and after an unsuccessful MRT, her bridging visa is due to expire on the 18th of March (one week from tomorrow!)

Her bridging visa is a WB / 020, where the travel period expired last month (she travelled home for Christmas and was granted a BVB to do so).

Do you think that if she leaves by the 18th of March that she can apply for an eVisitor from New Zealand right away? We're concerned about the short time period of applying for another temporary visa, as well as whether the refused 485 will cause any issues.

Please help! This forum has been an amazing resource, and we almost made the mistake of applying for a BVE (since we're currently applying for ministerial intervention), but it was only through this forum that we found out that leaving on a BVE would cause a 3 year exclusion period on temporary visas!!

many thanks
 
#2 ·
I'd suggest you speak with a good migration agent to plan what to do next. If she didn't have a positive skills assessment and therefore didn't meet the eligibility criteria for the 485 visa, then yes the MRT would be unsuccessful and I don't see any possibility that ministerial intervention would change the outcome.

Having the 485 refused will undoubtedly result in DIBP reviewing any visitor visa application closely, since she obviously wants to return to Australia and would be likely to want to lodge a new visa application. So even if she is granted a visitor visa, it's likely to have a No Further Stay condition imposed on it.
 
#3 ·
Thanks for your advice Maggie,

Would the no further stay condition mean she cannot return after 3 months on an eVisitor? Or would it simply mean that she cannot apply for another visa while onshore - and is allowed to travel and return after 3 months as per the usual eVisitor conditions?

Not being able to apply for another visa onshore is not an issue, we have already applied for a 309 offshore (last December) and we only intend to spend time together in Australia while this is being decided.
 
#6 ·
I do not offer specific professional advice without first assessing a case in detail. I can advise that the application charge for an ETA or some other visitor visa is unlikely to send you to the poorhouse, so why not apply and see what happens?
 
#7 ·
Hi Underg
I am new in this forum but just wanted to help you with info my case is very similar to you I was refused 485 onshore too and had to come back home :( I applied for a fiancé visa December 2014 and was so scared about the tourist visa one but I did it at the end last month ( February ) and after 4 weeks finally got it today yayyyyyy for 1 year and I asked for 3 months cannot believe it even though I am from a high risk country!! You should definitely give it a try and be positive :)
All the best!
 
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