Travel on Bridging Visa C

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Travel on Bridging Visa C


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Old 05-23-2014, 01:28 PM
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Travel on Bridging Visa C

Hi there,

I have a Partner Visa 820 lodged on 18th February 2014 and am currently on a Bridging Visa C.
However, I need to travel back home to N.Ireland in August / Sept 2014 for 2 weddings and it's important that I go.

I know that my BVC will cease as soon as I leave Australia but I have researched and found that some people apply for a tourist visa to get back into Australia while they wait for the decision of their Partner Visa.

I have spoken to DIBP twice about this and both times they have said that there is no guarantee that I will be granted a tourist visa back and it is my decision.

I wanted to know:
- Is there anyone who has left Australia on a BVC and been granted a tourist visa back in?

-Is there anyone who has been DENIED a tourist visa in this instance?

- Do you have to have a certain amount of money in your account to be considered for one? (I only have an Australian bank account which would look weird on a tourist visa application??)

-If you are out of the country when your onshore visa is granted, do Immigration help you to get back to the country? (for example help you with a visitor visa?)

I have lived in Australia for 5 years and my fiance and I have a 2 year old son together. I was also wondering HOW I would be accepted for a tourist visa if they already knew I lived here and had family here?

Hope you can help!
Thanks

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Old 05-23-2014, 02:27 PM
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Quote:
Originally Posted by Leanderthall View Post
Hi there,

I have a Partner Visa 820 lodged on 18th February 2014 and am currently on a Bridging Visa C.
However, I need to travel back home to N.Ireland in August / Sept 2014 for 2 weddings and it's important that I go.

I know that my BVC will cease as soon as I leave Australia but I have researched and found that some people apply for a tourist visa to get back into Australia while they wait for the decision of their Partner Visa.

I have spoken to DIBP twice about this and both times they have said that there is no guarantee that I will be granted a tourist visa back and it is my decision.

I wanted to know:
- Is there anyone who has left Australia on a BVC and been granted a tourist visa back in?

-Is there anyone who has been DENIED a tourist visa in this instance?

- Do you have to have a certain amount of money in your account to be considered for one? (I only have an Australian bank account which would look weird on a tourist visa application??)

-If you are out of the country when your onshore visa is granted, do Immigration help you to get back to the country? (for example help you with a visitor visa?)

I have lived in Australia for 5 years and my fiance and I have a 2 year old son together. I was also wondering HOW I would be accepted for a tourist visa if they already knew I lived here and had family here?

Hope you can help!
Thanks
Quite honestly, it would be a huge gamble, and it's not one I would risk for a wedding, personally, even for a close family member. Your issue is not with the criteria for the tourist visa (genuine tourist purposes, funding, etc.) because you may be excluded for applying for one the second you leave the country (some people on a Bridging Visa C are subject to a three-year ban the second they leave). The only way to get back in is to demonstrate that you left for compelling and compassionate circumstances and make a plea to your CO to help you get back into the country. And quite honestly, I'm not sure a wedding is compassionate enough a reason. A very sick parent... yes. Weddings? I'm not so sure. As DIBP rightly told you - there are no guarantees. If your case is not judged compelling and compassionate enough, you wouldn't be allowed back into the country - and your 820 would be nullified the second it was granted, because you have to be in the country when it's granted. You'd lose your entire application fee and have to wait out another application. As I said... not something I'd risk, personally.

You can also ask Mark Northam in the "Ask Mark" thread at the top of the forum if weddings are considered a compelling and compassionate enough circumstance in your situation, though I imagine he's going to tell you the same thing I am - no guarantee they'll let you back in.

It's really too bad you found yourself on a BVC instead of a BVA. With a BVA, you could have applied for a BVB and traveled out of the country with no problem.

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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.

Last edited by CollegeGirl; 05-23-2014 at 02:32 PM.

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Old 05-23-2014, 08:43 PM
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As I told you on another forum, it is risky and no one can tell you the outcome if you have to apply for some sort of temporary visa to get back into Australia. Any visa application will be considered against the legal requirements, not your personal circumstances. Maybe it will work, maybe it won't. My advice is to stay put until you have the sc. 820.

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Old 05-23-2014, 08:47 PM
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I agree with CG, I wouldn't take a chance for the sake of weddings.

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Old 05-23-2014, 09:44 PM
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One of the hardest things in my profession is having to tell people the way things are, rather than telling them what they want to hear...
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Old 05-24-2014, 01:53 AM
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Thank you all for taking the time to reply and for your detailed information

I saw a thread recently where a girl was in the same situation and ended up leaving without telling the Partner Processing Centre and managed to get a visitor visa no problem. She then re-applied for her BV-C as soon as she got back to Australia. I guess it gave me a glimmer of hope and I wanted to find out more peoples experience with this! I fear it is not looking good....

I know it probably doesn't count when it comes to the law, but my father is getting married in September and my best friend from home is getting married in August. As well as this, my youngest sister is leaving for University at the end of September and I may not see her for another 2 years. It has already been 2.5 years since I have seen my family and they haven't met my fiance or our 2 year old son and it breaks my heart to think I may have to wait another year. But like you said, these are matters of the heart and not the law.

With regards to why I was given a BV-C and not a BV-A... I honestly thought my previous substantive visa (457) was valid until October 2014 (I read it as a 3 year visa and it was granted in October 2011) -It wasn't until I began my 820 application that I realised it wasn't and we had a MAD rush to get it completed. Unfortunately, I couldn't get it in on time and so was unlawful for 2 weeks. I did inform the DIBP of all this. I am kicking myself for this error and am paying for my stupidity

Many thanks

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Old 05-24-2014, 03:00 AM
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Sorry, Leanderthall. It must be really rough not seeing your family for that long. I can understand the desire/temptation to just roll the dice, but I think you're smart to decide not to.

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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 05-24-2014, 03:15 AM
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I think it is very unfortunate that there is no provision in the law for situations like yours. I understand your predicament, but I feel you have too much to lose if things go wrong. It may well turn out ok, but I certainly wouldn't take any chances and leave Australia, unless you had a guaranteed right of return.

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Old 05-24-2014, 03:31 AM
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I just wanted to say thanks again. Your replies have really changed my mind as yesterday I was planning on booking our tickets home! (I have been totally irrational whereas my fiance told me to wait and find out more...)

Just one more thing - in my 'irrational-ness' I did email the Partner Processing Centre 2 days ago and told them that I WOULD be leaving the country in August and outlined the reasons why as I have told you guys. Do you think this will in any way 'aggravate' them or affect my 820 application?

The email I sent was in no way demanding, just compassionate wording (I hope it came across like that!)

Thanks

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Old 05-24-2014, 03:44 AM
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No, I don't think that will be an issue, but I'd drop them another note and say that as you now understand that there's no guarantee you'll be able to come back into the country again, you've decided not to jeopardise your application by leaving. Something along those lines. That way they don't think you're going to be out of the country.

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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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