820 Partner Visa - changing to Bridging visa

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820 Partner Visa - changing to Bridging visa


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Old 08-12-2019, 07:52 AM
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820 Partner Visa - changing to Bridging visa

Hi all,

My partner is British and is here on a tourist visa. We will be applying for the 820 Partner visa soon, but understand that the Bridging visa won't kick in until the original visa expires. My partner is on the 12 month, 3 months at a time e-visa.

Questions
1. What would happen if my partner didn't leave after a 3 month time in Australia after applying for the 820 visa? Or do they have to leave every 3 months and come back until the 12 months is up?

2. Is there a way to replace the e-visa with another visa that will expire quicker so that the Bridging visa comes into effect before the 12 months

3. I've heard stories that people get their tourist visa extended by Immigration simply to avoid putting them onto the Bridging visa. Thoughts?

We await your thoughts.


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Old 08-12-2019, 08:22 AM
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Quote:
Originally Posted by TheBerraLad View Post
Hi all,

My partner is British and is here on a tourist visa. We will be applying for the 820 Partner visa soon, but understand that the Bridging visa won't kick in until the original visa expires. My partner is on the 12 month, 3 months at a time e-visa.

Questions
1. What would happen if my partner didn't leave after a 3 month time in Australia after applying for the 820 visa? Or do they have to leave every 3 months and come back until the 12 months is up?

2. Is there a way to replace the e-visa with another visa that will expire quicker so that the Bridging visa comes into effect before the 12 months

3. I've heard stories that people get their tourist visa extended by Immigration simply to avoid putting them onto the Bridging visa. Thoughts?

We await your thoughts.
1) The tourist visa will cease and the bridging visa will come into effect.
2) Not a good idea. You may end up with a visa that has a "no further stay" condition on it.
3) Best not to listen to stories. You cannot "extend" a tourist visa. You'd have to apply for a new one.

Most common scenario under current rules: after the partner visa application has been lodged stay in Australia, tourist visa will cease after 3 months, BVA with work rights comes into effect, live happily ever after.

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Old 08-12-2019, 08:55 AM
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@Nick
I have applied to my 820 last Friday (currently on PMV 300), so the Bridging Visa A I got says, No conditions, so I get the full work rights I have currently on PMV 300? I wonder, in order to have continously work rights now that I will be looking for a job. Thanks


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Old 08-12-2019, 09:26 AM
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Quote:
Originally Posted by wembacr View Post
@Nick
I have applied to my 820 last Friday (currently on PMV 300), so the Bridging Visa A I got says, No conditions, so I get the full work rights I have currently on PMV 300? I wonder, in order to have continously work rights now that I will be looking for a job. Thanks
“No conditions” means full work rights. You should be able to get Medicare as well. Remember you need a BVB for overseas travel once the sc. 300 expires.

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Old 08-12-2019, 10:20 AM
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@Nick - so just to confirm, let's say my partner arrived in July, has an initial 3 months on a tourist visa so leaves in October for a small holiday somewhere, comes back in mid October and starts another 3 month gig. Normal tourist visa rules would say they have to leave again in mid January and that the 12 month visa would expire in July 2020.

But you're saying that if they come back in mid October, apply for the 820 in November-ish and then don't leave in January the Bridging Visa takes effect immediately in January? Wouldn't they be considered an overstayer in January, seriously undermining our 820 visa application?


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Old 08-12-2019, 10:47 AM
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I think you are missing the point on the bridging visa. Look at it this way:

- Once you have lodged your application for an 820 partner visa, you are automatically granted a Bridging Visa A (BVA).

- This visa sits in the background whilst you hold a visitor visa. It comes into effect when the visitor visa ends.

- If you do not leave Australia, the visitor visa ends at the end of the three month stay period that was granted on arrival. The bridging visa then comes into effect maintaining your legal status in Australia.

- If you leave Australia before the end of the three month stay period and return again within the one year validity period, the three month stay period starts all over again.

So to answer your specific questions:

" they come back in mid October, apply for the 820 in November-ish and then don't leave in January the Bridging Visa takes effect immediately in January? Wouldn't they be considered an overstayer in January, seriously undermining our 820 visa application?"

1. Yes it does
2. No, because they haven't overstayed, they have a bridging visa (as noted above)
3. No - live happily ever after (as Nick suggested), because they haven't overstayed and undermined the application

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