Bridging Visa for onshore partner upon lodging Subclass 189 Visa

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Bridging Visa for onshore partner upon lodging Subclass 189 Visa


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Old 10-16-2013, 11:34 AM
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Bridging Visa for onshore partner upon lodging Subclass 189 Visa

Hello,

I have been reading this forum and other forums too about the granting of Bridging Visa A for onshore partner upon lodging the subclass 189 Visa, but I can't seem to find the answer that fits my circumstances.

I am planning to apply for the Skilled Independent (subclass 189) Visa together with my partner. I am currently a holder of student visa til' March 2014, while my partner resides in Singapore and is currently working there. Now, we are deciding on who is gonna be the "main" applicant and who is gonna be the "secondary" (partner). If she becomes the main applicant who obviously lodges the application from overseas and includes me as an onshore partner, would I still be getting the Bridging Visa? or it is actually required that I become the onshore main applicant in order to be eligible for the Bridging Visa?

In my case, would the Bridging Visa be effective from the date after my student visa expires, or from the date when the visa 189 application is lodged?

Thanks guys!


Ed


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Old 10-16-2013, 11:42 AM
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Hi Ed -

The choice of primary or secondary applicant with a skilled visa is very significant, as the primary applicant requires a skills assessment and qualifying work experience for the claimed points, among other things. Generally only onshore applicants (ie, onshore in Australia at the time of visa application) are eligible for the grant of a bridging visa. In that case the bridging visa is granted at application and lies dormant until it automatically activates when the applicant's current visa expires on its own. So if you were granted a bridging visa as the result of an onshore 189 visa (after receiving an invitation to apply of course), then you would still be under your student visa until it expires, after which the bridging visa for the 189 application would automatically activate and allow you to remain in Australia until a decision is made on your 189 application.

Hope this helps -

Best,

Mark Northam

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Old 10-16-2013, 12:21 PM
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Thanks Mark!

I believe both of us have actually qualified to claim points on skills and work experiences, as we have positive skills assessment from our corresponding assessing institution, please correct me if I'm wrong. My only concern now is about the ceiling. I will be nominating the "2613 - Software and Applications Programmers" while my partner will be nominating the "2211 - Accountants". According to immi website, they have continued receiving high number of applications for "2613" and 1916 visas out of ceiling of 4800 have been already granted issued. I'm worried that the chance of getting the 189 Visa is lower when I become the main applicant.

Based on your explanation about Bridging Visa, am I right to say that Bridging Visa will be granted regardless of main or secondary (partner) applicant for the 189 Visa, so long that the applicant is onshore (like me in this case)?

Thanks again!


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Old 01-21-2014, 07:20 AM
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Hello guys,

Me and my partner had lodged the application for the Subclass 189 visa last month. Til' now, I haven't received any correspondence that mentions about Bridging Visa A for myself. Currently I'm under Student visa which expires on 15 March 2014. Should I have received a notification that mentions about my BVA which would only be activated upon expiry of the Student visa?

I understood that BVA is only granted to the applicant (regardless of whether he/she is the main/secondary) who has applied for a substantive visa "onshore" and is currently waiting for it to be processed. Do anyone here know, how does the system decide whether one is applying "onshore" or "offshore"? In this case, I'm the secondary applicant, while my partner who is currently working and living in Singapore is the main applicant. The application itself was lodged online from Singapore. Does this make a difference if compared to lodging the application online from Australia (I'm not sure if the system could automatically detect the applicant's geographical location from the internet connection used when lodging)?

I'm currently in Singapore and planning to return to Australia before my Student visa expires in March, but I'm worried if the BVA is not granted (for whatever reasons), I would have to exit Australia and would only be allowed to enter when the Subclass 189 visa is granted.

Thanks and have a great day!


Cheers,

Edmond


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Old 01-21-2014, 07:36 AM
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Hi Edmond -

Sorry to be the bearer of bad news but it actually makes a huge difference physically where you are when you apply for many Australian visas. Beyond the issue with some visas (but not the subclass 189 visa) that specify whether you must be onshore or offshore at time of application and/or grant, whether you are onshore at the time of application is what enables the grant of a bridging visa for many visas including the 189.

DIBP tracks whether you are onshore by comparing your passport number to their movement records database (ie, when passports are scanned on entry and exit from Australia) to determine whether you are onshore or offshore according to their database, and the bridging visa is issued based on that. Sometimes their database is incorrect - happened to one of our clients last week - we had to have this "corrected" by DIBP. But as you were offshore at the time of application, you would not receive a bridging visa for your 189 application. Once you return on your student visa you could always visit DIBP offices and see if there is anything they can or would do about the situation to issue a bridging visa based on your pending 189 application.

Hope this helps - please advise if I can assist further -

Best,

Mark Northam

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Old 01-21-2014, 07:49 AM
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Originally Posted by MarkNortham View Post
Hi Edmond -

Sorry to be the bearer of bad news but it actually makes a huge difference physically where you are when you apply for many Australian visas. Beyond the issue with some visas (but not the subclass 189 visa) that specify whether you must be onshore or offshore at time of application and/or grant, whether you are onshore at the time of application is what enables the grant of a bridging visa for many visas including the 189.

DIBP tracks whether you are onshore by comparing your passport number to their movement records database (ie, when passports are scanned on entry and exit from Australia) to determine whether you are onshore or offshore according to their database, and the bridging visa is issued based on that. Sometimes their database is incorrect - happened to one of our clients last week - we had to have this "corrected" by DIBP. But as you were offshore at the time of application, you would not receive a bridging visa for your 189 application. Once you return on your student visa you could always visit DIBP offices and see if there is anything they can or would do about the situation to issue a bridging visa based on your pending 189 application.

Hope this helps - please advise if I can assist further -

Best,

Mark Northam
Thanks for replying Mark.

Should I presume that the worst case would be to exit Australia latest on 16 March 2014 (1 day after the Student visa is expired) if DIBP couldn't do anything about granting the BVA?

Is there any possibility of applying of BVA instead? How long does it usually take for the BVA to be granted, from the time of application?


Cheers,

Edmond


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Old 01-21-2014, 08:13 AM
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Hi Edmond -

Worst case would be departing Australia ON the day your student visa expires at the latest - the next day would have you departing as an unlawful non-citizen... visas expire at midnight on the expiration date.

I just checked the regulations and all of the options for a valid application for a BV-A would not meet your circumstances. You could talk with DIBP about it - no harm in that, however I don't see a way forward for you to get a BV-A at this point. Another option could be another student visa to keep you in the country until the partner visa is decided.

Sorry I don't have better options for you -

Best,

Mark Northam

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Old 01-21-2014, 11:41 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi Edmond -

Worst case would be departing Australia ON the day your student visa expires at the latest - the next day would have you departing as an unlawful non-citizen... visas expire at midnight on the expiration date.

I just checked the regulations and all of the options for a valid application for a BV-A would not meet your circumstances. You could talk with DIBP about it - no harm in that, however I don't see a way forward for you to get a BV-A at this point. Another option could be another student visa to keep you in the country until the partner visa is decided.

Sorry I don't have better options for you -

Best,

Mark Northam
Hello Mark,

I read about BV-E on immi website and it said I might be granted this visa if I have applied for a substantive visa (in my case is Subclass 189). Would I be able to apply for this visa instead, which would allow me to stay in Australia while the Subclass 189 is still being processed?


Cheers,

Edmond


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Old 01-22-2014, 12:24 AM
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A BV-E would mean you were an unlawful non-citizen. You'd have no work rights, no travel rights, and any time you spent in Australia prior to when you finally get your 189 would no longer count towards citizenship. That's if they'll even give you one since you weren't onshore when the 189 was accepted.

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