Briding visas

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Briding visas


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Old 08-19-2013, 07:22 AM
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Briding visas

Dear Mark,
My case was in Mrt after student visa refusal and therefore i got BVA.Now after getting BVB i travelled overseas for making an offshore application for 190 visa and came back on same visa BVB.
Do i need to inform DIAC regarding my arrival in aus? Will i get BVA and if I need to apply for it ?
Also if i withdraw my case from MRT now, can I get any bridging visa on behalf of my 190 visa application?
Ur response is always of great help to me.Kindly give ur advise.
Thanks for your time.
Regards,
Fateh


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Old 08-19-2013, 10:19 AM
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Hi Fateh -

Thanks for the note. I strongly suggest you contact a registered migration agent to advise you re: your situation, as there are multiple issues I see from your post. Most importantly, traveling outside Australia on a BV-B in order to avoid the section 48 bar on further applications after a refusal does not avoid that bar. Unless there are circumstances I'm unaware of in your situation, the 190 application will be considered an invalid application (but at least you get your visa application fee returned). Bridging visas are generally not available for applications lodged offshore.

Again, suggest you engage an agent to help you better understand your legal options after the refusal.

Best,

Mark Northam

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Old 08-19-2013, 10:46 AM
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Hi mark,

Thanks for your reply.
As per your advise does that mean the application that i have already submitted with all the medicals and pcc will be considered invalid at the end...
I will briefly explain my situation-I lodged the student visa application onshore in 2011 which was refused .i went to MRT where it was again refused by Member in March this year.i went to federal court without any lawyer and luckily I won the case from where it has been remitted to MRT for further reconsideration.
Now on one side i am waiting for the hearing date in MRT.till here i hold BVA since the refusal of my student visa from DIAC in 2011.

On 29 july this year i travelled overseas on BVB ,lodged my 190 application on 8 august,returned to aus on 12 august.however while checking my visa status on VEVO it shows that i am currently on BVB till 26 aug.
Now do i need to inform DIAC regarding my arrival or they automatically change my BV after 26 aug.
Does this means i should not withdraw my case from MRT or i wont be able to stay in aus legally.
And my current 190 application is invalid? How could I make it a valid one?

Sorry for a long essay and botheration caused by me.
Your suggestion could assist me a lot Mark.
Thank you for valuable time.

Kind Regards,
Fateh


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Old 08-19-2013, 11:00 AM
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Hi Fateh -

Thanks for your note. Your case is very complex and impossible to accurately assess over an anonymous online forum - there are simply too many details, and any responsible agent would need to see your documents & paperwork to see exactly where you stand legally. It's like telling a Doctor you have a stomache ache and asking a doctor for a medical opinion based on that over an online forum. There are simply too many other details that could come into play in a case like this.

That being said, I remain concerned that your 190 was not a valid application as section 48 still bars you from lodging a valid application while you remain in Australia (unless you have departed since your refusal and done so not on a BV-B and returned).

Whether you should or should not withdraw your case from the MRT is a separate decision with its' own set of legal considerations. Generally speaking, you should be able to get a Bridging Visa for the period until your MRT decision is made - you may indeed need to apply for a new BV-A at DIAC. You might also ask them while you're there whether their records show you are Section 48 barred or not currently - that could help you determine what future options you have.

Again, I'm not trying to sell my own services here, but you really need to think carefully about getting some professional help. The cost of a professional consultation with a registered migration agent is a tiny fraction of the financial costs you could incur if things go wrong with the MRT and/or your 190 visa application. With so much at risk, bits and pieces of advice here and there are just not the best way to make what are some very important decisions that could have a major impact on your future in Australia.

Best,

Mark Northam

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Old 08-19-2013, 11:09 AM
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Thank you so much Mark.
You are definitely right i should think quickly to get professional advice
Thanks

Regards,
Fateh


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Old 08-19-2013, 11:55 AM
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Hi Mark,

Sorry to disturb you again.
I was just going through the acknowledgement email from DIAC stationg that they have recieved a valid application for 190 visa.
So is it just a system generated email or really mean it?
Thanks.
Regards,
Fateh


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Old 08-19-2013, 01:09 PM
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Hi Fateh -

Either there are additional circumstances to your case that I do not know about, or DIAC (so far) has missed the fact that you were on a BV-B when you lodged. I just noticed some incorrect advice you've posted in another thread here I corrected - specifically, that s48 does not apply to permanent visas - that is absolutely wrong, and could cause a great deal of trouble for people who depend on that. Perhaps you yourself have demonstrated the hazards of depending on anonymous forums for migration advice!

Regarding your case, I suggest you read s48 very carefully, especially 48(3) which would appear to apply to your situation:

http://www.austlii.edu.au/au/legis/c...58118/s48.html

48(3): For the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), a non-citizen who, while holding a bridging visa, leaves and re-enters the migration zone is taken to have been continuously in the migration zone despite that travel.

Best,

Mark Northam

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Old 08-19-2013, 01:16 PM
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Sorry for that incorrect thread Mark.

So do u think this fact of misinterpretation by DIAC could lead to refusal of my visa

Regards,
Fateh


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Old 08-19-2013, 01:18 PM
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Hi Fateh -

No way to tell based on the information you've provided at this point - would need to know much more about your case and see the documents involved to be able to give you any sort of professional opinion on your case.

Best,

Mark Northam

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Old 08-19-2013, 11:58 PM
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Bridging visa A waiting CO my visa soon to be expired. Had been applied Aug 12, got a letter on Aug 16 it was dated Aug 13 from DIAC that my request for BVA still waiting for CO to be allocated. Still hoping till monday morning Aug 26 I will get answer regarding my BVA. Otherwise I must leave on the same date at night time back to philippines and applied my PMV offshore.

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