Left Australia without Bridging Visa B

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Left Australia without Bridging Visa B


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  #1 (permalink)  
Old 09-09-2017, 02:24 AM
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Left Australia without Bridging Visa B

I'll put this into context, living in Australia just over a year. Waiting for my 820 Partner Visa to be approved. I work for a US technology company and travel regularly to US/NZ etc. Every time I have left I applied for BVB B which allows me to leave and return to Australia.

The last business trip was sprung on me with little time to get things done, I have made the mistake of applying for the BVB B before having this approved. (The nightmare has begun)

Shortly after leaving I received a email from DIB saying that the Visa B has been declined as I left before it was processed. Generic email telling me to contact closest Australian consulate. I have sat on the phone for hours with a number of Lawyers getting various advice on what my next steps are. So this is where i'm at and was wondering if anyone has been in the same situation.

1) I've been told to get me ETA which allows me to return to Australia
2) Once I have arrived seek legal council but advice given is re-apply for
BVB A which allows me to live and work in Australia (what I originally
had before leaving.

So couple of things here:
1) I'm returning on a Visitors Visa which allows me to stay for 3months
2) I cannot work or continue working until I have a new BVB approved
3) Possibly will have to wait for 3months till my ETA expires before I can
work (not 100% sure on this and calling immigration hotline couldn't be
clear on this.

The drama that has unfolded because I have made a clerical mistake on my part thinking that the BVB could be processed whilst in the US was on 2weeks of business. I have a pregnant wife/house/job my entire life back in Sydney and this whole experience has turned into a nightmare.

My question for the community is:
1) Has anyone been in this position?
2) Any advice on getting another BVB A and how long that takes
3) should I inform my employer, this could potentially jeopardise my job

I'm currently in NZ and heading to the US on Sunday for a week but desperately trying to get this sorted before I return. Any advice would be hugely appreciate and if anyone knows or recommends some good lawyers please let me know.

Thanks All


  #2 (permalink)  
Old 09-09-2017, 03:44 AM
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You are lucky you can apply for a ETA, many can not and have no other way to return to Australia.

This is partly your employers fault so to be terminated for it can lead to an un fair dismissal.

You also need to take blame as you are not aware of the conditions attached to your visa - do you know all the other conditions of the other visas you have and will apply for?

* I think you are in for the 3 month holiday until your stay period expires and you get a BVA reinstated.

4 very good Registered Migration Agents often post on this site - an earlier post today lists them with contacts -

http://www.australiaforum.com/visas-...vestments.html


Last edited by ampk; 09-09-2017 at 03:46 AM.

  #3 (permalink)  
Old 09-09-2017, 04:19 AM
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Quote:
Originally Posted by lrdweasel View Post
I'll put this into context, living in Australia just over a year. Waiting for my 820 Partner Visa to be approved. I work for a US technology company and travel regularly to US/NZ etc. Every time I have left I applied for BVB B which allows me to leave and return to Australia.

The last business trip was sprung on me with little time to get things done, I have made the mistake of applying for the BVB B before having this approved. (The nightmare has begun)

Shortly after leaving I received a email from DIB saying that the Visa B has been declined as I left before it was processed. Generic email telling me to contact closest Australian consulate. I have sat on the phone for hours with a number of Lawyers getting various advice on what my next steps are. So this is where i'm at and was wondering if anyone has been in the same situation.

1) I've been told to get me ETA which allows me to return to Australia
2) Once I have arrived seek legal council but advice given is re-apply for
BVB A which allows me to live and work in Australia (what I originally
had before leaving.

So couple of things here:
1) I'm returning on a Visitors Visa which allows me to stay for 3months
2) I cannot work or continue working until I have a new BVB approved
3) Possibly will have to wait for 3months till my ETA expires before I can
work (not 100% sure on this and calling immigration hotline couldn't be
clear on this.

The drama that has unfolded because I have made a clerical mistake on my part thinking that the BVB could be processed whilst in the US was on 2weeks of business. I have a pregnant wife/house/job my entire life back in Sydney and this whole experience has turned into a nightmare.

My question for the community is:
1) Has anyone been in this position?
2) Any advice on getting another BVB A and how long that takes
3) should I inform my employer, this could potentially jeopardise my job

I'm currently in NZ and heading to the US on Sunday for a week but desperately trying to get this sorted before I return. Any advice would be hugely appreciate and if anyone knows or recommends some good lawyers please let me know.

Thanks All
If you have exited with the BVB on numerous occasions, you should have really been aware that you needed to apply for another one BEFORE exiting not while being out. Most of us on this forum in the same situation know that.Good luck with sorting it out though.
In your second paragraph, I think you meant to say you made the mistake of leaving the country before the BVB was approved not "applying for BVB before it was approved".

MarcellusF likes this.

Last edited by hotdawg; 09-09-2017 at 04:22 AM.

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Old 09-09-2017, 06:00 AM
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Will applying for an ETA risk cancelling your 820 visa application?

Dude, I don't know how you managed to do this. We've lost sleep worrying about BVAs and BVBs. Can't imagine how you could have been so blasť about it

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Old 09-09-2017, 06:08 AM
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Quote:
Originally Posted by MarcellusF View Post
Will applying for an ETA risk cancelling your 820 visa application?

Dude, I don't know how you managed to do this. We've lost sleep worrying about BVAs and BVBs. Can't imagine how you could have been so blasť about it
No it wont as the 820 requires you to be onshore (can not be issued if you are offshore I am told) to be granted and the ETA is not activated until you are onshore.

* Have seen a RMA from here say that the ETA will be required and an application made to reinstate the BVA once onshore, But think the ETA remains enforce for the 3 months.

The OP must get this all cleared with a Registered Migration Agent and I would be sure to make sure they are Australian based.

P.S in a VEVO search by an employer does it show travel conditions?


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Old 09-09-2017, 06:45 AM
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If the employee doesn't have the correct visa to work the employer has no choice but to terminate or find them work outside of the country....

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  #7 (permalink)  
Old 09-09-2017, 06:58 AM
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Quote:
Originally Posted by Mania View Post
If the employee doesn't have the correct visa to work the employer has no choice but to terminate or find them work outside of the country....
The employer gave little notice that offshore work was required & the employer will/does know the employee is a visa holder that are required to be checked (an employer responsibility) also an employer is responsible for its employees when employed offshore.

Chanel 9 had a case of this recently in a child recovery/abduction case 60 minutes I think it was - Much quieter, James Packers casino employees in another country are still his problem after they were arrested.


  #8 (permalink)  
Old 09-09-2017, 07:04 AM
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The employer has no requirement to maintain a partner visa or bridging visa...

It is the employee whom must inform the employer that they are unable to leave due to not having a visa to return.

If the employee left the country without having the relevant visa in place to do so it is on the employee not the employer. Further to that if the employee does not have a legal visa to work within Australia then they can no longer be employed.

Being responsible for the employee whilst offshore is irrelevant to the onshore visa issues.

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  #9 (permalink)  
Old 09-09-2017, 07:17 AM
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Quote:
Originally Posted by Mania View Post
The employer has no requirement to maintain a partner visa or bridging visa...

It is the employee whom must inform the employer that they are unable to leave due to not having a visa to return.

If the employee left the country without having the relevant visa in place to do so it is on the employee not the employer. Further to that if the employee does not have a legal visa to work within Australia then they can no longer be employed.

Being responsible for the employee whilst offshore is irrelevant to the onshore visa issues.
I think there is a case both sides and I am an ex employer - the employee would have said their visa status at time of employment - but due to an employment commitment neither gave a rats arse about the visa requirements so both are to blame - or will they get sacked if they failed to do this offshore job? that will be even more interesting in the hearing - falls under undue pressures of employment.


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Old 09-09-2017, 07:29 AM
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I think the problem comes from the employee being able to travel numerous times prior, work asking and the employee saying yes.

No undue pressure, sounds like a simple mistake on the employees behalf that will lead to a 3 month period of no work rights.



Are you eligible for a working holiday visa? Long shot as it probably won't be granted but would give you 6 months of work rights and with luck your 820 granted after that.

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