ETA 601 to bridging Visa, how to transition while in Australia?

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ETA 601 to bridging Visa, how to transition while in Australia?


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Old 12-06-2019, 07:33 AM
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ETA 601 to bridging Visa, how to transition while in Australia?

Hello,

We have been married for 10 years or so and live in Hong Kong, if I bring my wife back to Australia on a ETA Visa initially for visiting my family then in Australia apply for partner visa (820/801), how to transition her from the ETA Visa to a bridging visa where she can work in a job?

The ETA allows the wife to enter and leave for 3 month periods maximum for a total period of time of one year.

I see comments which say things like "However if you are still on your
substantive visa and it hasnít expired yet, then you wonít see the bridging visa A status until that visa expires".

That makes me worry about how to transition from the ETA to the bridging visa which would then allow her to work? I don't understand the process, should she leave Australia and come back in?

Regards,Philip


Last edited by philip368320; 12-06-2019 at 07:41 AM.

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Old 12-06-2019, 08:13 AM
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Quote:
Originally Posted by philip368320 View Post
Hello,

We have been married for 10 years or so and live in Hong Kong, if I bring my wife back to Australia on a ETA Visa initially for visiting my family then in Australia apply for partner visa (820/801), how to transition her from the ETA Visa to a bridging visa where she can work in a job?

The ETA allows the wife to enter and leave for 3 month periods maximum for a total period of time of one year.

I see comments which say things like "However if you are still on your
substantive visa and it hasn’t expired yet, then you won’t see the bridging visa A status until that visa expires".

That makes me worry about how to transition from the ETA to the bridging visa which would then allow her to work? I don't understand the process, should she leave Australia and come back in?

Regards,Philip
Hi Philip, if your wife lodges a valid sc. 820/801 visa in Australia, a bridging visa A will be granted automatically.

The bridging visa ( and associated work rights) will come into effect when her ETA ceases.

The ETA will cease if she remains in Australia after the 3 month period is up.

So once the 820 is lodged and BVA granted, she can just remain in Australia.

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Old 12-06-2019, 08:19 AM
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Thanks for you quick reply,

Then lets say we lodge the 820/801 visa immediately after we entered Australia (maybe a few days after) then she obtains the bridging visa A automatically.

For the bridging visa A to be in effect for her, does she need to leave Australia and come back in again? Does she then come back in on the bridging visa A? (or need to use ETA with bridging visa a attached somehow?)

Could she then leave Australia any time after obtaining the bridging visa, before the 3 months are up on her holiday ETA, and then come back in for the bridging visa to be in effect?

I re-read what you said, "So once the 820 is lodged and BVA granted, she can just remain in Australia." - so I believe you said that she doesn't need to leave Australia after the bridging visa A is granted. But will it come into effect only after her 3 month ETA is finished? Can she work after that?

Regards, Philip


Last edited by philip368320; 12-06-2019 at 09:06 AM.

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Old 12-06-2019, 08:28 AM
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The ETA will cease if she remains in Australia after the 3 month period is up.
Also, does that means she MUST wait for the 3 months time to expire before she can use the ETA?

So she cannot work until after 3 months? why couldn't she just leave Australia and come back in? Or could she come in and tell immigration she only plans to holiday for 1 month, then the ETA would be valid 1 month?


Last edited by philip368320; 12-06-2019 at 09:10 AM.

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Old 12-06-2019, 09:12 AM
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The ETA will cease if she remains in Australia after the 3 month period is up.
Also, does that means she MUST wait for the 3 months time to expire before she can use the ETA?

So she cannot work until after 3 months? why couldn't she just leave Australia and come back in? Or could she come in and tell immigration she only plans to holiday for 1 month, then the ETA would be valid 1 month?
Leaving and entering would reset the 3 months.
No as the visa condition allows for 3 months stay each entry.
There is no workaround, be grateful you get the option to apply onshore many don't

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Old 12-06-2019, 11:07 AM
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Quote:
Originally Posted by philip368320 View Post
Also, does that means she MUST wait for the 3 months time to expire before she can use the ETA?

So she cannot work until after 3 months? why couldn't she just leave Australia and come back in? Or could she come in and tell immigration she only plans to holiday for 1 month, then the ETA would be valid 1 month?
I would just come in on the ETA, lodge the partner visa ,count my blessings and wait out the 3 month period. Trying to get a shorter stay period in order to activate the BVA could backfire.

Note also that proposed new sponsorship requirements may make onshore partner visa applications impossible in the future for people on temporary visas with limited stay periods.

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