Travel on student visa - return on partner - BVA and BVB question

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Travel on student visa - return on partner - BVA and BVB question

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Old 07-12-2016, 10:45 AM
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Join Date: Jul 2016
Posts: 3
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Travel on student visa - return on partner - BVA and BVB question

Dear Forum members

Intending to apply for partner visa but need to travel before it takes effect.
I've been stalking here for years. I'm here in Aus now and always found an answer, so thanks for that!
However, now I'm in a tricky situation and couldn't find a clear answer that leaves me satisfied that I can return from my holiday without problems.

I'm currently on a student visa. I've booked a holiday some time ago assuming that it would go until the last day of the month, as it has always been on previous student visas. To my surprise I got one day less this time, it runs out one day earlier. I'm returning the next day and won't be able to change my flight anymore.

Immigration told me to apply for a BVB but their website says that I can only apply for this if I am already on a BVA. My BVA will only come into effect after my student visa runs out and will be canceled anyway once I depart Aus. Would I be able to apply for a BVB if I am not yet on the BVA? Searching this forum brought up the same question but no answer.

My only other options are:
applying for a tourist visa before my departure - unsure if this will be granted as a genuine tourist.
or continue with another semester on student visa - expensive if considered that it is more expensive onshore plus the partner visa fees after that.

Has anyone been in a similar situation and can tell me how you solved it?

Thanks in advance!

  #2 (permalink)  
Old 07-12-2016, 12:17 PM
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Join Date: Jun 2016
Posts: 42
Users Flag! From australia

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When you lodge valid partner visa application you are automatically granted a BVA.
The BVA is held but does not come into effect until needed.

Therefore you are eligible to apply for a BVB, as soon as the partner visa is lodged, even before the BVA comes into effect (and hence the advice you received from Immigration) and the BVB will come into effect when your current student visa expires thus allowing you to travel and return.

Richard (Ric) Stacey
Registered Migration Agent MARN 1681158
[email protected]

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

  #3 (permalink)  
Old 07-12-2016, 03:36 PM
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Join Date: Jul 2016
Posts: 3
Users Flag! From germany

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Many thanks for your quick reply! I understood how this works now. The other thing that I was worried about is that I am travelling in 8 days. I've read conflicting information about the processing time for the BVB. Some say it took 24h, some much longer and that I should allow 2 weeks.

What if it doesn't get granted before I need to fly out?

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