Living and Working in Australia Forum With Immigration and Travel Information

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joyinoz2018 05-08-2018 08:28 AM

waiting time
 
I have been reading a lot of your posts before submitting our 820 application. We have lodged our 820/801 on 30 Apr 2018. Don't know how long we'll have to wait but reading your posts helps. Feeling we are not alone.

We have been together for more than 12 years, married since 2010. We have been living overseas for a long time so we never applied for our partner visa for Australia. We relocated back to Australia since 2016.

Due to the fact that we have been together for a long time, will this shorten the waiting time for the 820/801 visa to be granted?

Skybluebrewer 05-08-2018 08:38 AM

Quote:

Originally Posted by joyinoz2018 (Post 1881073)
I have been reading a lot of your posts before submitting our 820 application. We have lodged our 820/801 on 30 Apr 2018. Don't know how long we'll have to wait but reading your posts helps. Feeling we are not alone.

We have been together for more than 12 years, married since 2010. We have been living overseas for a long time so we never applied for our partner visa for Australia. We relocated back to Australia since 2016.

Due to the fact that we have been together for a long time, will this shorten the waiting time for the 820/801 visa to be granted?

Yes and no.

It won't affect when your application will finally get looked at. You're waiting in the same queue as everyone else. Some people get lucky and their apps get pushed through quickly, but that has nothing to do with how long they've been together and seems to me more like pure luck to get drawn early. I've seen people that have only been together for a year or less get fast grants while couples married for years wait over a year, and vice versa.

But, if you provided strong evidence for the duration of your relationship, then you should be eligible to skip the 2 year waiting period between the 820/801 application and 801 eligibility. See long term relationship requirements. BUT, you still need to wait for the application to be assessed. All this means is that when they do go to assess your relationship for the 820 visa, if the CO decides to, they can grant you the 801 at the same time. This doesn't always happen though so best to give strong evidence of your entire relationship to give yourself the best chance.

But again, that has nothing to do with how long you'll wait to be assessed initially. Some people only wait a few months (rare), others wait about 1-1.5 years (more common) and some even wait 2+ years (less common).

Lightbulb 05-08-2018 11:52 PM

Does anyone know if you need compelling reasons to apply for a BVB?

I'm on a BVA and would like to travel overseas with my partner for a holiday and wanted to know if thats sufficient enough reason or should I come up with something else?

I have applied for succesfuly for a BVB in the past and my reason was due to my mother as she had to be hospitalised and I wanted to go back to see her

Any one applied for a BVB and the reason they wanted one was to travel overseas for holiday

ravikiran.7070 05-09-2018 03:35 AM

Quote:

Originally Posted by Lightbulb (Post 1881189)
Does anyone know if you need compelling reasons to apply for a BVB?

I'm on a BVA and would like to travel overseas with my partner for a holiday and wanted to know if thats sufficient enough reason or should I come up with something else?

I have applied for succesfuly for a BVB in the past and my reason was due to my mother as she had to be hospitalised and I wanted to go back to see her

Any one applied for a BVB and the reason they wanted one was to travel overseas for holiday

Yes my wife had a BVA last year in October and applied for BVB last December stating 'Holiday' as a reason. We were visiting her parents overseas for the new year. Was approved in 1 day and BVB was issued for 3 months travel. We attached the passport and flight itinerary from Sydney to X and X to Sydney. No questions asked.

Also you will remain on the BVB after you come back. No need to reinstate your BVA.

joyinoz2018 05-09-2018 07:13 AM

Not sure if anyone is in the same situation as mine Ė I got my 457 visa in Oct 2015. It will expire in Oct 2019. My husband and I had just lodged our partner 820/801 visa last month. I have resigned from my previous job due to big management change in Mar 2018. My BVA will not be active till my 457 expires. Anything that I can do in the meantime to activate my BVA?

Skybluebrewer 05-09-2018 07:47 AM

Quote:

Originally Posted by joyinoz2018 (Post 1881259)
Not sure if anyone is in the same situation as mine – I got my 457 visa in Oct 2015. It will expire in Oct 2019. My husband and I had just lodged our partner 820/801 visa last month. I have resigned from my previous job due to big management change in Mar 2018. My BVA will not be active till my 457 expires. Anything that I can do in the meantime to activate my BVA?

Nope. The 457 needs to expire on its own for the BVA to kick in. If it gets cancelled or you cancel it, the BVA gets cancelled as well (hence why it's called a "bridging" visa. Needs a visa on either side to hold the bridge). So until then, you're bound by the restrictions of the 457 and doing what you need to do to maintain it.

That or until the 820 is granted.

joyinoz2018 05-09-2018 07:54 AM

Quote:

Originally Posted by Skybluebrewer (Post 1881279)
Nope. The 457 needs to expire on its own for the BVA to kick in. If it gets cancelled or you cancel it, the BVA gets cancelled as well (hence why it's called a "bridging" visa. Needs a visa on either side to hold the bridge). So until then, you're bound by the restrictions of the 457 and doing what you need to do to maintain it.

That or until the 820 is granted.

Thanks for your reply. Nothing to be maintain unfortunately. As I said, I have resigned in March and I have left the company already after 1 month notice.

Skybluebrewer 05-09-2018 07:57 AM

May be worth paying for a consult with an RMA. If you lose your 457, you won't have a BVA. Becoming unlawful may give you problems with your partner visa as well.

joyinoz2018 05-09-2018 08:07 AM

Quote:

Originally Posted by Skybluebrewer (Post 1881295)
May be worth paying for a consult with an RMA. If you lose your 457, you won't have a BVA. Becoming unlawful may give you problems with your partner visa as well.

Consulted with a registered migration agent before lodging our 820/801 visa application. The advice that we received was to lodge the partner visa asap and wait. And the fees were $2,700 for them to do the application on our behalf. In the end, we decided to do the application ourselves. Is it worth it to get a consultation session with a migration lawyer for our current situation? We contacted a few migration lawyers, consultation fees for 60 mins is around $650.

If we are lucky, then our 820/801 could be granted in a few months. But we canít depend on luck.

Skybluebrewer 05-09-2018 08:23 AM

As far as I'm aware, it's only 60 days and then immigration notify you that they'll be cancelling your visa. Not likely to get an 820 in that time frame. And by the sounds of it, half that time is already up.

At the very least, you need to get professional advice to figure out how to get on a BVE or whatever you need to do when immigration gets around to contacting you. You definitely don't just want to sit around and hope for the best. If your visa is cancelled, you won't have a BVA. You won't be on a visa and as such you'll be unlawful.

FYI, a BVE is not a good visa to be on. No work rights and no travel rights. Some people refer to the E as Evil.

Anyway, I'm no professional so no idea what your options are from here. If I were you, I would much rather be prepared than the wait and see what happens option.

The RMAs seem very familiar in this matter. You probably only need one of those and not a lawyer.


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