Visitor visa to return while 485 has been submitted?

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Visitor visa to return while 485 has been submitted?


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 02-13-2020, 11:50 AM
Active Member
 
Join Date: Jan 2020
Posts: 5
Please update your flag here .

Visitor visa to return while 485 has been submitted?

Hi all,

I returned to my country of origin after applying for the 485, and was granted BVA which becomes active 16th of March onwards (my student visa expires on the 15th)

was wondering if i could return on a tourist visa at all? and for purpose of entry, i tick "other" and show them the lodgement for the 485? Or best to return on the student visa?

Many thanks


Reply With Quote
  #2 (permalink)  
Old 02-13-2020, 06:58 PM
Senior Member
 
Join Date: Dec 2014
Location: Syney NSW
Posts: 4,929
Users Flag! From australia

856 likes received
374 likes given
Use the student visa, or you face a serious problem.

__________________
Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

Reply With Quote
  #3 (permalink)  
Old 02-13-2020, 07:00 PM
Active Member
 
Join Date: Dec 2019
Posts: 5
Please update your flag here .

What is the problem i may face? I'm wanting to stay back due to a recent surgery my dad has done.


Reply With Quote
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old Yesterday, 01:04 AM
Mkenya 19's Avatar
Active Member
 
Join Date: Jan 2020
Posts: 20
Please update your flag here .

2 likes received
Quote:
Originally Posted by bananabread View Post
Hi all,

I returned to my country of origin after applying for the 485, and was granted BVA which becomes active 16th of March onwards (my student visa expires on the 15th)

was wondering if i could return on a tourist visa at all? and for purpose of entry, i tick "other" and show them the lodgement for the 485? Or best to return on the student visa?

Many thanks

Return on your student visa but make sure you are onshoreway ahead before the 15th of march. Otherwise the BVA will not take effect and you will have to wait for a decision while offshore. So plan your travel well. Be onshore in advance then once your BVA is active, apply for BVB and go back home to attend to your father.
Believe me you don't want problems at border patrol as you make your entry.


Reply With Quote
  #5 (permalink)  
Old Yesterday, 01:21 AM
Senior Member
 
Join Date: Dec 2014
Location: Syney NSW
Posts: 4,929
Users Flag! From australia

856 likes received
374 likes given
Quote:
Originally Posted by Bowlingforsoup View Post
What is the problem i may face? I'm wanting to stay back due to a recent surgery my dad has done.
A 485 cannot be granted offshore.
Immigration could not care less about your father's medical condition and might not grant you a visitor visa to return and even if you are granted one, you would still have issues.

__________________
Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

Reply With Quote
  #6 (permalink)  
Old Today, 04:58 AM
Active Member
 
Join Date: Dec 2019
Posts: 5
Please update your flag here .

Quote:
Originally Posted by wrussell View Post
Quote:
Originally Posted by Bowlingforsoup View Post
What is the problem i may face? I'm wanting to stay back due to a recent surgery my dad has done.
A 485 cannot be granted offshore.
Immigration could not care less about your father's medical condition and might not grant you a visitor visa to return and even if you are granted one, you would still have issues.
I am thinking of applying for the visitor visa first(within the week) and if approved, i will return only once i receive the email from the department that they're ready for a decision on my visa. I really don't want to wait out the application onshore.


Reply With Quote
  #7 (permalink)  
Old Today, 05:03 AM
Active Member
 
Join Date: Dec 2019
Posts: 5
Please update your flag here .

Quote:
Originally Posted by Mkenya 19 View Post
Quote:
Originally Posted by bananabread View Post
Hi all,

I returned to my country of origin after applying for the 485, and was granted BVA which becomes active 16th of March onwards (my student visa expires on the 15th)

was wondering if i could return on a tourist visa at all? and for purpose of entry, i tick "other" and show them the lodgement for the 485? Or best to return on the student visa?

Many thanks

Return on your student visa but make sure you are onshoreway ahead before the 15th of march. Otherwise the BVA will not take effect and you will have to wait for a decision while offshore. So plan your travel well. Be onshore in advance then once your BVA is active, apply for BVB and go back home to attend to your father.
Believe me you don't want problems at border patrol as you make your entry.
Do i want the bva active solely for work rights? I am happy to wait oyt the no work period while on yhe tourist visa. From my understanding, if at the end of the 3 month period i still haven't got the 485 yet i will have to get the bva reinstated again, is this right?

I really do not want to wait out the finalisation of the 485 onshore. And i still dont know what problems i will face as i have applied for a visa before leaving the country anyway


Reply With Quote
  #8 (permalink)  
Old Today, 09:48 PM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,500
Users Flag! From australia

2395 likes received
178 likes given
Send a message via Skype™ to CCMS
If you remain offshore, your student will expire and your BVA will cease. You may not be granted a tourist visa to return to Australia in which case your sc. 485 application will be doomed.

Get back to Australia well before your student visa expires and apply for a BVB.

Why ask for advice when you are going to ignore it?

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 10:04 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com