Leaving Australia without applying for Bridging Visa B

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Leaving Australia without applying for Bridging Visa B


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Old 11-19-2013, 05:41 AM
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Leaving Australia without applying for Bridging Visa B

Hi everyone,

My partner and I have applied for 820/801 defacto visa, I am currently on bridging visa A.

I need to travel overseas next year for approx 4 months, I called the helpline and was told that generally they will only grant bridging visa Bs with travel periods of up to 3 months, so to have any chance of being granted longer than this I will need to provide good evidence why I need to be away so long, and it would just be down to the discretion of whatever case officer deals with my application that day.

If I am unsuccessful in getting it granted for as long as I would like, I was just wondering if anyone knows what my situation would be if I were to either travel without the BVB or to not return within the specified dates of the BVB. I have read that I would need to apply for and be granted another substantive visa in order to return to Australia when my partner visa is ready to be granted. Does this include tourist visas? And would I even be eligible to be granted a tourist visa if the purpose of my visit is actually to get my partner visa granted rather than for tourism?

Has anyone successfully done anything like this? We don't want to risk our application becoming invalid or me not being able to return to Australia for the grant.

Thanks in advance


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Old 11-19-2013, 06:04 AM
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1. phone operators are not well trained sometimes, i suggest u to go to immi in person. as i know, just explain ur situation to the staff, they will help you out. one of my friend got 6 months of BVB.
2. as long as ur new visa has been granted , ur previous visa will be no longer valid. which means , if you apply for tourist visa, and it's granted then, ur 820 visa will be cancelled.
3. ur case is sooo easy , just go to immi in person! (u definitely need a BVB to travel around if u r under BVA)
4. give u an example just happened to me yesterday: my name in VEVO is wrong, i called the helpline, they told me to fill out a form, and the processing time is about 30 days. but i wen to immi by person this morning , they changed my name in their system in 5 mins.

hope it will help you. dont worry ! just go to immi in person , coz u need to fill out a form anyway, and the staff there will assist u with anything u worried.


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Old 11-19-2013, 06:15 AM
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nowadays, people are getting longer BV B because the onshore processing time is so long. So, as suggested by sep2011, you can attend to the nearest DIBP to sort it out.

You definitely need a BV B to travel while on BV A.


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Old 11-19-2013, 06:27 AM
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If you don't have an agent you should consider consulting one as you may be delving into tricky territory given the length of time you will be away.

Any separation from a partner will be queried. That is one big issue.

Onshore visa grants usually require you to be onshore at the time of the grant. That's another issue.

In respect of BVB's, these are usually routinely handed out to BVA holders in reasonable applications.

But because of the length of time and and the 2 issues mentioned above, an application for this needs to be considered properly.

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Old 11-19-2013, 06:53 AM
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Thanks everyone for your help.

We will try to get to the office to apply, unfortunately we live 7 hours drive from an office. Are the staff in the office a lot more helpful and knowledgable?

My partner will be travelling with me so there won't be any problems with us being separated.

It's just hard to know what they consider to be 'substantial reasons for travel' I have 3 weddings in the space of 4 months and would like to be able to attend them all, I need to RSVP to them but without a guarantee that I will be able to leave Australia, it makes it all very difficult.

Looks like it may be worth a trip to Sydney!


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Old 11-19-2013, 02:51 PM
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I wouldn't count on a four-month BVB. I really wouldn't. There have been a few instances of people obtaining them, but far more instances where they didn't, from what I've seen here.

If you leave the country without a BVB, or overstay the duration of it, it is at DIBP's discretion whether they let you back in on another type of visa, such as a tourist visa. Quite honestly, it depends on the whims of the Case Officer you get that day. If they're feeling kind, they may grant you one. If not, it is quite possible you would not be allowed back onshore, which means when your 820 is ready to be decided, it would be denied and you'd have no recourse. You'd lose your application fee and have to apply all over again. Personally, I would try for a longer BVB, but if I didn't get one, I wouldn't risk staying out of the country longer than those three months, no matter how much I adored the four people whose weddings I wanted to attend.

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Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
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Old 11-19-2013, 02:53 PM
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Also, I'm not sure how it works if you lose your BVA due to staying out too long on your BVB, and then come back in on a tourist visa which could potentially then expire before your 820 is granted. Without that BVA in place, I don't know if you're given another BVA, or if you're put on a BVE or something. It could turn into a pretty complicated situation, as Jerry Gomez said above, and might be worth a consult with a registered migration agent so you know exactly how it could all play out.

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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 11-20-2013, 01:12 AM
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Thanks CG
You're right its not worth the risk, we shouldn't be too far off the grant by then so I wouldnt want to risk having to go through the whole process again, I will have to wait it out I suppose and go see them 3 months before my trip, just keep my fingers crossed I get a nice Case Officer that day...! If not, I suppose 3 months will have to do. Is 3 months pretty much guaranteed?


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Old 11-20-2013, 02:28 AM
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I mean, nothing is guaranteed with DIBP. But they almost always grant them these days. Even back when they more commonly required a "good reason" to allow you to travel out of the country, weddings of close friends or family members generally qualified.

__________________
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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