Exiting and reenter Australia using ETA while waiting for 820/801 Partner Visa.

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Exiting and reenter Australia using ETA while waiting for 820/801 Partner Visa.


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Old 07-11-2019, 03:31 PM
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Exiting and reenter Australia using ETA while waiting for 820/801 Partner Visa.

Hi there,

We are hoping someone with experience in immigration law can help us out here.

So what happen is:

* I helped my wife to lodge her partner visa application 820/801 back in April 2019 while she is on an ETA.

* We left before her onshore ETA expires by middle of April then came back again using ETA in early June 2019. Currently her onshore ETA is valid until 11th September but her actual one year multiple entries ETA will expire 1st September 2019.

* We are planning our marriage ceremony outside of Australia and she need to leave Australia somewhere in September to get all the marriage arrangement sorted out.

* As we understand her Bridging visa A is not activated yet so she is still on her ETA with exit and re-entry rights. So we are thinking to leave before 11th September before her onshore ETA expires then reapply for a fresh one year multiple entries ETA while outside of Australia so she can come back to Australia.

* She is holding Hong Kong passport which technically quality for instant ETA.

So my question is this a good idea? Is there any risk of not getting the ETA when she exits Australia this coming September? I actually called immigration with this question and they told me technically you can do that but they cannot advise me if this is a good or bad idea.

And just a bit of info she have been coming to Australia multiple times using ETA since 2017 and usually stay for more than 2 months each visit, she never overstay and never breach the conditions on her ETA so her record is clean as far we understand.


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Old 07-11-2019, 10:47 PM
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DHA is not there to give advice so they won't be any help if you contact them.

Yes, technically she can apply for a new ETA but whether she would be granted one is not guaranteed. It may be safer to wait until after Sept. 11th and then she would go onto the BVA and she can apply for a BVB to travel (I'm not sure if she can apply for the BVB before the BVA takes effect).

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Old 07-11-2019, 11:28 PM
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I think it is a very bad idea to keep coming and going on ETAs. Wait till the BVA comes into effect, then apply for a BVB.

On what basis did you apply for the partner visa? De-facto? Was the relationship registered? Or were you legally married already and are now wanting to have a religious/ traditional ceremony?

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Old 07-12-2019, 01:25 AM
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We were already married 1 month before we lodge our application. How long it takes to apply for BVB and is BVB guarantee?


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Old 07-12-2019, 05:51 AM
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Quote:
Originally Posted by bigbigman100 View Post
We were already married 1 month before we lodge our application. How long it takes to apply for BVB and is BVB guarantee?
Ok, so you’re just wanting to do the ceremonial part.

BVBs are usually granted in a few days, but you should apply 3 or 4 weeks before the proposed departure date.

Nothing in life is guaranteed and especially not visa outcomes, but BVBs are routinely granted when the circumstances justify it. I’ve never had an issue with BVBs for sc. 820 applicants, but I would never claim that grant of any visa is guaranteed.

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Old 07-12-2019, 09:39 AM
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Thanks so much for the information! Yes she need to fly back to organise for our wedding ceremony which we planned next year April. Do you think planning for wedding ceremony is a reason that is substantial enough for applying bridging visa B?

We are actually thinking to apply for a 1 year multi entries bridging visa b if that is possible because she may need to fly out of Australia multiple times due to wedding ceremony planning.


Last edited by bigbigman100; 07-12-2019 at 12:50 PM. Reason: Typo

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Old 07-12-2019, 12:38 PM
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That should be sufficient reason and it would make sense to request the multiple entry if there is justification.

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Old 07-13-2019, 07:31 AM
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Thank you everyone for the valuable information! I'm wondering if you could apply for bridging visa while still ETA? Or you have to wait until bridging visa A to kicks on before you can lodge your applicable for bridging visa B?


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Old 07-13-2019, 07:40 AM
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You can apply before the BVA kicks in.

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Old Yesterday, 04:46 PM
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Hi guys,

Thank you so much for all the valuable advise, just wanted to update this thread that I helped my partner to apply for BVB and it was approved next day with multi entries facility and entry before May 2020. But ithe BVB is not activated yet until the ETA expires which is 11 Sep 2019.


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