Left Australia without Bridging Visa B - Page 2

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Left Australia without Bridging Visa B - Page 2


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  #11 (permalink)  
Old 09-09-2017, 10:10 AM
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I am now an employee and it is my employers responsibility for visa/s if I work offshore. It is a multinational company.

But I know for a fact they push limits and I have warned guys to ask questions in writing - because it is the person not the company that is detained.

The company are piss poor in doing proper planning at best in these cases it seems.


  #12 (permalink)  
Old 09-09-2017, 12:07 PM
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Visas offshore. So it would be the employers responsibility to arrange the American visa for this trip in this instance.

Not the home bridging visa, that is the employees responsibility.

I don't think that this is really helping the OP so I'm going to butt out.

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Old 09-09-2017, 12:20 PM
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No it is the employers responsibility that ANY work they are paid for is within every law (regardless of if they know them or not) and to be responsible for them and any employee's mistakes during employment unless negligent or intentional.


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  #14 (permalink)  
Old 09-10-2017, 04:49 AM
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Firstly thanks for all the responses, really appreciate some of the input.

I want to be clear when I say this, the fact that I left without getting BVB B arranged before I left is entirely my fault. I should have either delayed my trip or told work who would have understood and allowed me to move things around.

I hold my hands up to the fact that I didn't understand the restrictions and implications of my leaving without waiting for the BVB to be approved.

So I have found some further guidance in speaking to some people and I luckily have a few options.
1) I can enter on a ETA as I'm UK citizen and that process is 24hrs and I
now have that.
2) I'm looking into the Subclass 600 visa which allows me to return to
Australia for a shorter period, in this case likely 2weeks. By doing this I
have enough time to re-apply for my BVB A which can be re-instated.
3) It takes longer to get a the Subclass 600 so I might have to remain in
the US for a week or so whilst it's processed.

Either way I will have to notify my employee at this stage and will do this after my Lawyer has looked at my case on Monday. Ultimately this is all going to cost money and time and that's just something I'm going to swallow.

I have spoken to someone that had a similar situation where they returned on a ETA, got his BVB A within a week. He then left and returned on a Subclass 600 which replaced his ETA as he re-entered the country (Something to that effect) again the lawyer that dealt with his case is going to deal with mine. I have also been reaching out to my case officer who is processing my 820 Partner Visa who can provide some assistance and guidance. (still waiting for a response)

All in all .. total Sh** show.. but it's what it is.
I'll keep you all updated because is sounds like I have a unique case which is something someone might find themselves in (unlikely but possible)

When I am done with this and I have my 820 finalised I'm seriously considering laying a case against the Australian government for the treatment and lack of flexibility in this whole process. I have spent well north of $25k on Visas and Lawyers (excluding this) and the fact one has to potentially wait almost 2years to have a visa processed which should be cut and dry is a shambles. The amount of stress and impact this has on day to day lives which i'm sure a lot of you can attest to is just so unnecessary.

My wife will also be writing to our local MP to bring this to the table, worth taking a two pronged approach to all this.

Thanks All

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Old 09-10-2017, 04:53 AM
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It would be interesting to see if such a case went anywhere - I wouldn't expect it too!

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  #16 (permalink)  
Old 09-10-2017, 08:30 AM
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I hope it is a Registered Migration Agent? (Australian based best and pref one of the ones that frequent here).

The issue with a 600 Visitor Visa is it need to be issued for a reason consistent with its grant criteria (not just to get onshore), you would also need to address the no work issue in the application and that's tough as you are currently employed.

If it helps I was north of $80k then she/they vanished!


  #17 (permalink)  
Old 09-10-2017, 09:00 AM
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Quote:
Originally Posted by lrdweasel View Post
My wife will also be writing to our local MP to bring this to the table, worth taking a two pronged approach to all this.
Who's her local MP? I've been considering doing the same.


  #18 (permalink)  
Old 09-10-2017, 09:03 AM
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Quote:
Originally Posted by guscas View Post
Who's her local MP? I've been considering doing the same.
Approach the Local MP but they tend to refer you to the Senator as immigration is a Federal not a state issue.


  #19 (permalink)  
Old 09-12-2017, 04:02 PM
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I think Mania has a valid point, Partner Visa's don't really have anything to do with the employer, the sponsor is the spouse.
"Irdwease" had applied and exited previously with a BVB and should have been on the ball about the situation. The employer should be aware of his employees visa conditions/status and not have assigned the overseas job.


  #20 (permalink)  
Old 09-25-2017, 09:14 AM
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Well thought I would updated everyone as this was a unique situation.

I returned to Australia on a ETA, not a problem at all and allowed for me to stay for 3months as a tourist. The dilemma was to remain and work as per my original Bridging Visa A. (Which I lost)

Whilst in the USA (Week 2) from being out of the country I received an email from DIB asking for a Police Name check, I was a bit surprised but processed it abroad knowing I would have results in 5x working days. After entering Australia from the USA on the ETA I was planning on doing my Bridging Visa A, however I checked with my lawyer and she told me to hold off as the Police check is the final step in the approval process of the 820 Visa.

After submitting the Police report (4x days later) I received my Partner Visa (Stage 1) within 24hrs.

So totally surprised by what has happened and can't explain why I suddenly got application approved. I'm assuming here but my guess is that leaving the country and having my BVB A expire as I didn't complete the BVB B visa might have flagged my application.

I have waited almost a year for 820 to be processed, which from looking at this forum is fairly quick. Coming back to the original issue if this didn't happen I would have gotten my BVB A re-instated as you can re-apply if the BVB A expires, that process also takes a few working days to process. Either way I would have been ok but obviously supper happy that the actual 820 is now in affect and I don't have to worry about bridging visas anymore!

To all of you out there, good luck! I am still looking at submitting a letter to my local MP complaining about the process and wait times as I think it's absurd. If you don't ask you don't get so I'll be following that up.

Also on a personal note and the mistake I made, I'll be reading those Visa docs more carefully as not to put myself in this situation ever again ;-)

ampk, MarcellusF and KofteQueen like this.


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