How long for BVA processing?

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How long for BVA processing?


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Old 05-01-2020, 03:11 AM
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Question How long for BVA processing?

Hi all,

My partner is in Australia on a multiple entry eVisitor. Due to COVID travel restrictions, he can't leave the country as planned. We know that our best option is to apply for a new visa, but given we are currently waiting for the 309 Partner Visa, which we applied for off shore (Belgrade) in August 2019, we wanted to explore if a BVA is an option (especially because there is now an option in our 309 application portal on Immi to apply for a Bridging Visa).

We called the Global Service Centre on two occasions, and received very different responses about this:

1) The operator said that we would be automatically granted a Bridging Visa once the eVisitor expires, even though our Partner Visa application was done off shore. She said no action was required from us, we just wait until the eVisitor expires. This seemed very risky to us because we don't want to risk overstaying illegally, so we called again a couple of weeks later.

2) This time the operator said that we cannot receive a Bridging Visa for a 309 applied for off shore. When we asked if we can just apply anyway and see what happens, he said it wouldn't hurt but there are no guarantees.

Given these two contrasting views, we have now applied for a BVA, but we have no idea how long it will take to be processed or the likelihood it will be approved. The eVisitor expires in two weeks and we must know at least in the next week whether we need to apply for a totally new visa.

Does anybody have any experience in this? How long does it usually take for BV to be processed? Are there cases where a Bridging Visa is automatically granted when a tourist visa expires, for applicants of the 309 visa?

Thanks in advance!


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Old 05-01-2020, 06:15 AM
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BVA
The Minister must grant a Bridging A (Class WA) visa in the circumstances set out in regulation 2.21A.

The person must satisfy the Schedule 1 provisions at item 1301 unless regulation 2.21A or 2.21B applies. and on regulation 2.21B refer to When bridging visa applications are taken to have been made.
Other:
(a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5).
(b) Applicant must be in Australia but not in immigration clearance.
(c) Either:
(i) the applicant has made a valid application for a substantive visa that has not been finally determined; or
(ii) application has been made, within statutory time limits, for judicial review of a decision in relation to the applicant’s substantive visa application, and the judicial review proceeding (including proceedings on appeal, if any) have not been completed.

You can search the various regulations cited. Do not rely on the opinions of immigration 'help' line operators. Best of luck.

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Last edited by wrussell; 05-01-2020 at 06:19 AM.

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Old 05-01-2020, 06:33 AM
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Quote:
Originally Posted by j0sie View Post
Hi all,

My partner is in Australia on a multiple entry eVisitor. Due to COVID travel restrictions, he can't leave the country as planned. We know that our best option is to apply for a new visa, but given we are currently waiting for the 309 Partner Visa, which we applied for off shore (Belgrade) in August 2019, we wanted to explore if a BVA is an option (especially because there is now an option in our 309 application portal on Immi to apply for a Bridging Visa).

We called the Global Service Centre on two occasions, and received very different responses about this:

1) The operator said that we would be automatically granted a Bridging Visa once the eVisitor expires, even though our Partner Visa application was done off shore. She said no action was required from us, we just wait until the eVisitor expires. This seemed very risky to us because we don't want to risk overstaying illegally, so we called again a couple of weeks later.

2) This time the operator said that we cannot receive a Bridging Visa for a 309 applied for off shore. When we asked if we can just apply anyway and see what happens, he said it wouldn't hurt but there are no guarantees.

Given these two contrasting views, we have now applied for a BVA, but we have no idea how long it will take to be processed or the likelihood it will be approved. The eVisitor expires in two weeks and we must know at least in the next week whether we need to apply for a totally new visa.

Does anybody have any experience in this? How long does it usually take for BV to be processed? Are there cases where a Bridging Visa is automatically granted when a tourist visa expires, for applicants of the 309 visa?

Thanks in advance!
Hi, I don't know an answer for the first part of your question, which I am keen to know too.
But with regards to your last question "Are there cases where a Bridging Visa automatically granted when a tourist visa expires, for applicants of the 309 visa?" I BELIEVE the answer is NO. (unless you have made application for a new tourist visa)..


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Old 05-01-2020, 06:39 AM
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Quote:
Originally Posted by dradradra View Post
I BELIEVE the answer is NO. (unless you have made application for a new tourist visa)..
I was thinking the same.


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