Bridging Visa B and processing of 485

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Bridging Visa B and processing of 485


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Old 02-26-2013, 09:31 AM
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Bridging Visa B and processing of 485

Hello there,

I applied for 485 on-shore.
So I got a BVB for 12 months due to a training program I have to attend back at home. Training program is for around 7 months so DIAC gave me 12 month-BVB without any issues. And now I'm outside Australia.

However I'm hearing stories that my 485 application will not be processed while I'm away. Can anyone shed light on this?

Honestly this worries me :/

And I applied for 485 in December 23rd 2012 and still haven't heard anything from a case officer so it's waiting to be assigned to a one.

Thanks a lot folks for you help.

Have a great day!
Dilshan


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Old 02-26-2013, 11:13 AM
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Hi Dilshan -

If you've provided all the docs necessary for the 485 (including all police and health check reports), there should not be a delay.

The last 485 we saw granted (this week) was lodged in October 2012, so they're taking about 4 months if that is indicative. We only heard from the case officer a week before the visa was granted.

Hope this helps -

Best,

Mark Northam

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Last edited by MarkNortham; 02-26-2013 at 01:32 PM.

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Old 02-26-2013, 01:27 PM
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Originally Posted by MarkNortham View Post
Hi Dilshan -

If you've provided all the docs necessary for the 485 (including all police and health check reports), there should not be a delay. The 485 can be granted to you whether you are inside or outside of Australia - there is no condition requiring you to be in Australia at the time the visa is granted.

The last 485 we saw granted (this week) was lodged in October 2012, so they're taking about 4 months if that is indicative. We only heard from the case officer a week before the visa was granted.

Hope this helps -

Best,

Mark Northam
Thank you Mark for your response.

however the following was on the BVB visa grant paper closer to the meaning of "If you are notified that your skilled visa application is ready for grant while you are away, you’ll have at most 28 days to organise your return to Australia" They say this is due to my on-shore application and the visa can be given only if I'm there.

What do you think about it?

Thank you

Dilshan


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Old 02-26-2013, 01:34 PM
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Hi Dilshan -

My apologies - it's late here (after midnight). There are provisions for a 485 applicant to be onshore or offshore at time of grant, however they only apply to secondary applicants who did not make a combined application with the primary applicant.

Here's the exact reg:

485.4 Circumstances applicable to grant

485.411
(1) The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

(2) In any other case, the applicant may be in or outside Australia when the visa is granted.

So given that, it's likely they will delay processing your application while you're out of the country. My apologies again for the confusion.

Best,

Mark Northam

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Northam Lawyers http://nlaw.com.au [email protected]
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Old 02-27-2013, 04:18 AM
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Originally Posted by MarkNortham View Post
Hi Dilshan -

My apologies - it's late here (after midnight). There are provisions for a 485 applicant to be onshore or offshore at time of grant, however they only apply to secondary applicants who did not make a combined application with the primary applicant.

Here's the exact reg:

485.4 Circumstances applicable to grant

485.411
(1) The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

(2) In any other case, the applicant may be in or outside Australia when the visa is granted.

So given that, it's likely they will delay processing your application while you're out of the country. My apologies again for the confusion.

Best,

Mark Northam
Thnx Mark and I do understand it was pretty late in Oz when I created this thread.

485.411
(1) The applicant who satisfies the primary criteria for the grant of the visa, and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.

doesn't this mean that the case officer will notify me when a decision is made on the application and I have to be in Aus in 28 days.. ?

And also I was wondering after getting the BVB whether I had to notify the DIAC before leaving Aus just to let them know.

Thnx
Dilshan


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Old 02-27-2013, 08:04 AM
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That's usually the way it happens with partner visas, however there is no guarantee that the case officer will keep processing the case while you're away. Best to keep in touch with the case officer once assigned and let him know your travel plans and when you're able to return to Australia.

Best,

Mark Northam

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Northam Lawyers http://nlaw.com.au [email protected]
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Old 02-27-2013, 09:25 AM
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Originally Posted by MarkNortham View Post
That's usually the way it happens with partner visas, however there is no guarantee that the case officer will keep processing the case while you're away. Best to keep in touch with the case officer once assigned and let him know your travel plans and when you're able to return to Australia.

Best,

Mark Northam
great.. thnx for the info I will keep in touch with him..

And also I was wondering after getting the BVB whether I had to notify the DIAC before leaving Aus just to let them know.

I'm already out of Aus.

Thnx

Dilshan


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Old 02-27-2013, 10:28 AM
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Nope, no need to let them know you've left - they already know... they track your passport movements in and out of the country :-)

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Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 02-27-2013, 11:24 AM
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Nope, no need to let them know you've left - they already know... they track your passport movements in and out of the country :-)
great thnx Mark


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Old 02-27-2013, 11:41 AM
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and I got anopther small enquiry Mark.

As I will be away for more than 14 days from the address I provided in the application, I have to fill the form 929 with change of address details.

As I applied my 485 visa online, how do I submit this form after completing?
Will it be fine if I just upload it to the evisa documents attaching page where I submitted other docs?

thnx
Dilshan


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