Temp Partner Visa / Visitor Visa / Bridging Visa woe

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Temp Partner Visa / Visitor Visa / Bridging Visa woe


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Old 12-20-2012, 04:51 AM
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Temp Partner Visa / Visitor Visa / Bridging Visa woe

Today while trying to apply for a tax file number so that I can begin looking for work I was told that my records do not give me work rights, despite being granted a Bridging Visa A with full permission to work. I then popped into the immi office in Adelaide and tried to find out why this was happening, and it turns out that I am still on my Visitor Visa until it expires in April 2013. This means a full 4 months before my Bridging Visa comes into effect.

This is causing me a lot of stress and grief. I was under the impression that the Bridging Visa would be tied to my Partner Visa but it turns out that it is not? Does anyone know if there is anyway I can change this? My husband and I are facing a fair bit of financial stress at the moment as a result of the fact that he is supporting us both.

Anyone else facing a similar situation?

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Old 12-20-2012, 05:26 AM
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"Expired Visas

Under the Migration Act 1958 (the Act), if your visa expires while you are still in Australia, you become an 'unlawful non-citizen'. The Act provides that if you have no entitlement to remain in Australia, you may be detained and removed from Australia as soon as practical.

Compliance officers locate people who have become 'unlawful non-citizens' or who are commonly known as 'overstayers'. If there is no legal entitlement for them to remain, they are expected to depart Australia.

If you become aware that you are an 'unlawful non-citizen' you should take immediate steps to regularise your status (you may wish to seek legal advice), or you should make immediate arrangements to depart and contact the compliance section of your nearest departmental office with evidence of your departure booking.

If you are eligible, a departmental officer will grant you a bridging visa to give you lawful status for a short time. The bridging visa provides an opportunity to organise your personal affairs before departure or to lodge an application for a new visa, if this is an option for you.
See: Bridging Visa"


This is for : Compliance - Securing Australia's Borders

The things is your Bridging Visa start if your actual visa expires, no when you apply for the new visa. ( as far as I know bridging visa means that you have the same restrictions as the visa it is bridging from, which from a tourist visa would mean no working until your partner visa is granted.)


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Old 12-20-2012, 06:32 AM
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Quote:
Originally Posted by claire.qiuling View Post
Today while trying to apply for a tax file number so that I can begin looking for work I was told that my records do not give me work rights, despite being granted a Bridging Visa A with full permission to work. I then popped into the immi office in Adelaide and tried to find out why this was happening, and it turns out that I am still on my Visitor Visa until it expires in April 2013. This means a full 4 months before my Bridging Visa comes into effect.

This is causing me a lot of stress and grief. I was under the impression that the Bridging Visa would be tied to my Partner Visa but it turns out that it is not? Does anyone know if there is anyway I can change this? My husband and I are facing a fair bit of financial stress at the moment as a result of the fact that he is supporting us both.

Anyone else facing a similar situation?
The bridging visa comes into effect when your current visa expires. I would ring immigration and see if you can cancel your current visa and go onto the bridging visa.

Kttykat




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Old 12-20-2012, 08:26 AM
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Originally Posted by kttykat View Post
The bridging visa comes into effect when your current visa expires. I would ring immigration and see if you can cancel your current visa and go onto the bridging visa.

Kttykat
I can't do that apparently. I spoke to one immigration officer today and he told me that the bridging visa is linked to my visitor visa, and cancellation of the visitor visa would mean cancelling my bridging visa too.

This all makes no sense to me. What has been most distressing is that there has been no mention of it in my Bridging Visa grant notice. Basically I am in a weird no man's land between 2 visas right now since I technically hold both. Also if there was any chance that my 820 Visa was approved before April 2013 then the Bridging Visa would be almost pointless. I mean obviously it would be amazing if that happens, but the entire principle of it annoys me.

If anyone has been in this situation and could sympathize/let me know if there is anything I can do I would be most grateful.

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Last edited by claire.qiuling; 12-20-2012 at 08:28 AM.

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Old 12-21-2012, 04:24 AM
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Quote:
Originally Posted by claire.qiuling View Post
I can't do that apparently. I spoke to one immigration officer today and he told me that the bridging visa is linked to my visitor visa, and cancellation of the visitor visa would mean cancelling my bridging visa too.

This all makes no sense to me. What has been most distressing is that there has been no mention of it in my Bridging Visa grant notice. Basically I am in a weird no man's land between 2 visas right now since I technically hold both. Also if there was any chance that my 820 Visa was approved before April 2013 then the Bridging Visa would be almost pointless. I mean obviously it would be amazing if that happens, but the entire principle of it annoys me.

If anyone has been in this situation and could sympathize/let me know if there is anything I can do I would be most grateful.
About two months ago there was a post on this forum, explaining exactly what you're going through now. Somebody wasn't even on a bridging visa yet, but managed to get working restrictions lifted - perhaps the original visa was changed into the bridging visa straight away, I don't know, I really don't remember. I believe the immigration officer was really kind, too.

Why don't you call a registered migration agent (some of the good ones offer a short consultation for free) and ask about this? Don't rely too much on the answers of DIAC employees, they don't always tell/know the correct answer.


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Old 12-21-2012, 06:36 AM
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me too!

Quote:
Originally Posted by claire.qiuling View Post
I can't do that apparently. I spoke to one immigration officer today and he told me that the bridging visa is linked to my visitor visa, and cancellation of the visitor visa would mean cancelling my bridging visa too.

This all makes no sense to me. What has been most distressing is that there has been no mention of it in my Bridging Visa grant notice. Basically I am in a weird no man's land between 2 visas right now since I technically hold both. Also if there was any chance that my 820 Visa was approved before April 2013 then the Bridging Visa would be almost pointless. I mean obviously it would be amazing if that happens, but the entire principle of it annoys me.

If anyone has been in this situation and could sympathize/let me know if there is anything I can do I would be most grateful.
Hi, I have just been notified that I will be granted a bridging visa A as soon as my visa expires...but in my mind I thought it would kick in on the date I should leave Australia according to the 3 month stay of my ETA. Now I understand that I will be able to benefit from the bridging visa A on March 2013 when my Eta will expire....

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Old 12-21-2012, 06:41 AM
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Originally Posted by S'n'E View Post
Hi, I have just been notified that I will be granted a bridging visa A as soon as my visa expires...but in my mind I thought it would kick in on the date I should leave Australia according to the 3 month stay of my ETA. Now I understand that I will be able to benefit from the bridging visa A on March 2013 when my Eta will expire....
I would check with immigration on this one, as an ETA is not a visa it is a visa waiver, therefore it may be that now you have a visa it just starts, I don't know how it works but I would check if I was you.

Kttykat




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Old 12-21-2012, 06:48 AM
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mmmmmmhhhhhhh

Quote:
Originally Posted by kttykat View Post
I would check with immigration on this one, as an ETA is not a visa it is a visa waiver, therefore it may be that now you have a visa it just starts, I don't know how it works but I would check if I was you.

Kttykat
mmmmmmhhhhhhh I might call them then....but to my understanding it will kick in on March 2013.
I will let you know. Or, if there is someone that has already taken informations could that someone share them here??????

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Old 12-21-2012, 07:00 AM
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mmmmmmhhhhhhh I might call them then....but to my understanding it will kick in on March 2013.
I will let you know. Or, if there is someone that has already taken informations could that someone share them here??????
Good luck with it, I hope they just let you start on your bridging visa.

Kttykat




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Old 12-21-2012, 07:01 AM
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Quote:
Originally Posted by S'n'E View Post
Hi, I have just been notified that I will be granted a bridging visa A as soon as my visa expires...but in my mind I thought it would kick in on the date I should leave Australia according to the 3 month stay of my ETA. Now I understand that I will be able to benefit from the bridging visa A on March 2013 when my Eta will expire....
Your bridging visa will kick in when your 3-month stay expires. I know cause my partner was on a similar visa (eVisitor, for applicants from EU, same conditions as ETA) and his bridging visa kicked in when those three months expired (the following day).


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