urgent advice needed - married here, but wife offshore - bridging visa invalid

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urgent advice needed - married here, but wife offshore - bridging visa invalid


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Old 11-01-2013, 01:41 AM
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Exclamation urgent advice needed - married here, but wife offshore - bridging visa invalid

Hi all

Having married my fiance on the 25th of last month she has had to rush home for some family issues and her prospective marriage visa expires in a couple of days. I sent off her partner visa application straight after we married which was last Friday and anyway immigration have received it and saying it is invalid because she is now offshore. She has to be here for this to happen... yes i am face palming myself over how i could have screwed this up. Anyway... now i will call immigration back this afternoon from home but I am thinking is there an offshore process available for this to get her bridging visa or something? or has all the Pmarriage visa and costs been in vain and wasted? Surely we wont have to be waiting AGAIN for another visa for her to be here full time when we have waited, paid and married all to be together and now its null and void...?

any advice available? i am so sick and tired of visas and immigration processes...

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Last edited by epicloud; 11-01-2013 at 01:43 AM.

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Old 11-01-2013, 01:54 AM
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If you could get her back to Australia before the PMV ran out and put in an application for a partner visa again would be your best bet IMHO. Other than that contact an immigration lawyer ASAP. As far as I understand it there is no way around the conditions of 820, must be onshore to lodge. Failing all of that you could lodge a 309 but she would have to be then offshore when they grant.

Kttykat




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Old 11-01-2013, 02:00 AM
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Oh my gosh... you are really in a spot. That's the thing about an onshore visa (the 820 you have to apply for now). You HAVE to be onshore to apply, and onshore when it's granted. If you apply when you're offshore, your application is invalid. The good thing about them ruling it an invalid visa is that you'll get your money back (rather than them just rejecting it outright and you losing the money), but she HAS to be onshore to apply for it. And yes, if she doesn't get onshore to apply before her PMV expires, it's null and void, and you'll have to apply for a spouse visa with her offshore (unless she has another legal way to stay in the country).

If I were you, I'd be calling a migration agent NOW - time is very short to try and save this, if it's even possible. It may not be. I'd suggest calling Mark Northam's office right away. Make sure you tell them it's urgent and explain what's going on.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 11-01-2013, 02:01 AM
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I was typing while kitty was posting, but yeah... I just don't think it's going to be possible to get her back before her visa expires AND lodge again in two days. But if it's possible, I would do it!

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 11-01-2013, 02:04 AM
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As Kittykat has said, I think the best option would be to get her back to Australia before the PMV expires, and re-lodge the application.

If you let the PMV expire, the BVA will expire along with it, and then you'd have to deal with tourist visas which limit her entitlements while in Australia. If you quickly lodge the off-shore application, the BVA still needs to be re-applied for as it will have been cancelled due to her leaving the country. And I assume you can only do this before the expiration of the PMV and it probably needs to be done onshore.

As well, to lodge the off-shore version, I assume it needs to be lodged in her home country which means you need to get the application package to her, as well as organising the completion of different documents (since I assume the off-shore application form is different than what you've completed/signed already).

Although it's undoubtedly very difficult, I think the easiest solution would be to get her quickly back to Australia so you can resubmit your partner visa application on shore.

Those more experienced with partner visas can provide more specific guidance, but this is what I understand of the process.


Last edited by Maggie-May24; 11-01-2013 at 02:07 AM.

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Old 11-01-2013, 02:06 AM
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Quote:
Originally Posted by CollegeGirl View Post
I was typing while kitty was posting, but yeah... I just don't think it's going to be possible to get her back before her visa expires AND lodge again in two days. But if it's possible, I would do it!
From his signature, it looks like the PMV was granted Feb. 6 so he has 5 days. Still not a lot of time, but perhaps it's possible.


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Old 11-01-2013, 02:12 AM
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He said "in a couple of days" - there's probably a day's difference given the different time zones from where it was granted versus Australia's time zone. But hopefully you're right and they have a few days yet - if it's possible to get her back to AU it needs to happen like NOW.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 11-01-2013, 02:13 AM
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Quote:
Originally Posted by maggie-may24 View Post
As Kittykat has said, I think the best option would be to get her back to Australia before the PMV expires, and re-lodge the application.

If you let the PMV expire, the BVA will expire along with it, and then you'd have to deal with tourist visas which limit her entitlements while in Australia. If you quickly lodge the off-shore application, the BVA still needs to be re-applied for as it will have been cancelled due to her leaving the country. And I assume you can only do this before the expiration of the PMV and it probably needs to be done onshore.

As well, to lodge the off-shore version, I assume it needs to be lodged in her home country which means you need to get the application package to her, as well as organising the completion of different documents (since I assume the off-shore application form is different than what you've completed/signed already).

Although it's undoubtedly very difficult, I think the easiest solution would be to get her quickly back to Australia so you can resubmit your partner visa application on shore.

Those more experienced with partner visas can provide more specific guidance, but this is what I understand of the process.
The info on the BVA does not apply. There was no valid application for an 820. She has no BVA. She only has a PMV at this point.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 11-01-2013, 04:03 AM
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there is no 820 that is correct. Only the PMV. She literally arrived back in Mexico 36 hours ago for a friends wedding.

My head is swimming like crazy, as you could imagine. If we put in an application for a partner visa from there is that the one that costs like $4000? blood hell... talk about milking the wallet!

She has a 8 week vacation back home so... If we are forced into another application can she make another one onshore here and be here on a 6 month tourist visa? As for wokring n stuff it doesnt matter Im just concerned now about a)the fees and b)how long this will take.

I could shoot myself in the foot right now for this screw up! I literally cannot believe this!

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Old 11-01-2013, 04:06 AM
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and if she left on the 3rd she wouldnt arrive back here until the 5th!

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