Did not get a bridging visa

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  • 1 Post By Maggie-May24

Did not get a bridging visa


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Old 07-22-2019, 04:44 AM
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Did not get a bridging visa

Hello Everyone,

My lawyers have applied for my protection visa last Thursday, 18th July 2019 and my current visa expired on 21st July 2019. I called the immigration department today and asked if they have received my application and they replied yes. Then, I asked, why have not I received a bridging visa yet and they were like, sometimes it takes a bit longer to process based on the visa. Then, they advised me that I am unlawful at the moment. I replied, the purpose of bridging visa is to ensure that an immigrant does not become unlawful while waiting on a substantive visa that has been lodged while lawfully living in Australia with another substantive visa. Then, they were this sort of situation happens rarely but you are unlawful at the moment as you do not hold any visa. I also asked if it will impact my immigration history and they could not provide an answer for that. Please advise, if I am in trouble. I am super nervous and unable to go to work at the moment. Your earliest response would be highly appreciated.

Kind regards,
Ahmad Safi


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Old 07-22-2019, 05:09 AM
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Consult your lawyers!

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Old 07-22-2019, 05:18 AM
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I did and they are saying it should not be an issue as you will not be unlawful but still I am worried as the immigration department says the opposite.


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Old 07-23-2019, 02:27 PM
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Thankfully, I have gotten my bridging visa but the grant date is 23rd of July and my previous visa expired on 21st of July. My lawyers told me that 1 day gap is not going to be an issue and on top of the the Department of Home Affairs received my application on 18th of July.

I would just like to know if anyone here had similar issue with a grant date of bridging visa after the expiry date of the previous visa. If yes, then please let me know if you encountered any problem in regards to your immigration history and future visa application?


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Old 07-23-2019, 11:36 PM
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Is your lawyer also a registered migration agent? I would be worried about the 1-day gap since it means you were unlawfully in Australia on that day. Perhaps it won't affect your visa application, but it would mean that if you're ever asked on any future visa application (in Australia or elsewhere) if you've overstayed a visa or been unlawful, you would need to answer yes.

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Old 07-24-2019, 01:10 AM
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Quote:
Originally Posted by Maggie-May24 View Post
Is your lawyer also a registered migration agent? I would be worried about the 1-day gap since it means you were unlawfully in Australia on that day. Perhaps it won't affect your visa application, but it would mean that if you're ever asked on any future visa application (in Australia or elsewhere) if you've overstayed a visa or been unlawful, you would need to answer yes.
Big one up on this. Also seems odd and risky to lodge an application with only one business day before the current one expires.


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Old 07-24-2019, 03:22 AM
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Yes, my lawyer is also a migration agent. Is not an applicant receives a bridging visa, by operation of law, the moment he/she applies for substantive visa? Thats what I read on several immigration lawyers’ website. Also, isn’t unfair for me to suffer due to immigration department’s fault? According to them, the purpose of bridging visa is to ensure that an immigrant does not become illegal while waiting for another visa application (given that the application was made before the expiry date.). It is mentioned nowhere that 1 business day is not enough for processing bridging visa which should be granted automatically.

Should I contact the Department of Home Affairs?

Kind regards,
Ahmad Safi


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Old 07-24-2019, 11:41 PM
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Originally Posted by Ahmad Safi View Post
Should I contact the Department of Home Affairs?
Your migration agent should be taking care of this for you. Although the bridging visa is usually issued immediately once a valid application is lodged, it sometimes doesn't happen and then it needs to be chased up. But if you have a migration agent acting on your behalf, they should be following up on this.

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