Expired PMV; Applied 820

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Expired PMV; Applied 820


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Old 10-31-2014, 06:34 AM
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Question Expired PMV; Applied 820

Hi everyone! I wanted to seek some advice.

I am on PMV 300. Apparently, I didn't notice that my visa(PMV 300) was already expired when we lodged my 829/801 visa.

Today, we received the acknowledgment letter together with my Bridging Visa C Notice. Below the letter, it is stated that "this bridging visa allows you to remain in australia UNTIL 28 days after you are notified of a decision on your application for a partner (temporary) partner 820 visa"

Questions:

1. So this visa is valid for 28days since it is given/granted?

2. Am I just only waiting for the grant/refusal decision of my 820 application?

Please enlighten me.


However, on the acknowledgment letter it is stated that the processing time for a partner (temporary) visa is currently between 9 to 12 months.

Question:

1. Is the 9 to 12 months prcessing time applies to me? Or no, because I am formerly on PMV Visa?

I am a bit confused which processing to follow, the 9-12 months? or the 28 days?

Please help.

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Old 10-31-2014, 07:47 AM
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1. No, the visa is valid until either your 820 is granted (in which case the 820 would replace your BVC), or until 28 days after your 820 is refused, whichever decision is made.

2. Yes, you waiting for a decision on your 820 application

When you are applying for an 820 from a 300 visa, the processing time is typically between 2-8 weeks (9-12 months applies to those who don't currently have a 300 visa).

Please be aware of the conditions of your BVC. It may not have any work rights, and it probably doesn't let you re-enter Australia if you were to travel overseas.

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Old 10-31-2014, 07:57 AM
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Thank you so much for the reply.

Yup, my BVC has no work rights, and I am allowed to re-enter Australia while on this visa.

What instances do you think my visa can be refused?
Is applying from an expired PMV 300 will be enough reason to be refused?

I am really troubled. But I am still hoping and praying that it will granted.

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Old 10-31-2014, 08:05 AM
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it is ok to apply for 820 after your PMV expired, your application will not be rejected because of this.


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Old 10-31-2014, 08:07 AM
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You should recheck your BVC because the only bridging visa you can re-enter Australia on is a BVB and you can only apply for a BVB from a BVA so you are stuck in Australia (not that, that is a bad thing) until the 820 decision is made.

Generally the PMV to 820 is approved in days, week or a couple of months max. However saying that we have had a couple of people that have waited more than 2 months to get a decision, one was 4 months (I think) and the other is still waiting and currently at 4 months (I think).

The problem you will face now is the schedule 3 criteria that they now have in place where you have to apply from a substantive visa. You will most likely be required to show compelling reasons to why you were not on a substantive visa when you applied for the 820. If you do not have compelling reasons then you will have to go offshore and apply for a 309.

I would post in Ask Mark just to confirm if the schedule 3 criteria will apply to your case. How long ago did the PMV expire?

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Last edited by Mish; 10-31-2014 at 08:13 AM.

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Old 10-31-2014, 08:14 AM
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I have no plans of going of the country at the moment though. But I have work, which I have to give up at the moment while I am not allowed to work.

I have no idea about the criteria 3. IS there a site where I can read about it?

It was expired Oct 14, and I received my application Oct 21. So, a week.

I am just hoping that that won't be the reason why my application will be rejected.

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Old 10-31-2014, 09:38 PM
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Quote:
Originally Posted by Mish View Post

The problem you will face now is the schedule 3 criteria that they now have in place where you have to apply from a substantive visa. You will most likely be required to show compelling reasons to why you were not on a substantive visa when you applied for the 820. If you do not have compelling reasons then you will have to go offshore and apply for a 309.
Schedule 3 criteria do not apply under the following circumstances:

[820.211] (5) An applicant meets the requirements of this subclause if:

(a) the applicant is not the holder of a substantive visa; and

b)the applicant last entered Australia as the holder of a Subclass 300 (Prospective Marriage) visa; and

(c)the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and

(d)the applicant ceased to hold a substantive visa after marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen; and

(e)the applicant is the spouse of the sponsoring partner;

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Last edited by CCMS; 10-31-2014 at 09:42 PM.

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Old 10-31-2014, 10:36 PM
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Thank you CCMS. Does that mean it only applies if the person who has been illegally ib Australia for years?

OP - Just confirming that you married before the PMV expired? Also you should not be working now.


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Old 11-01-2014, 12:40 AM
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Quote:
Originally Posted by Mish View Post
Thank you CCMS. Does that mean it only applies if the person who has been illegally ib Australia for years?

OP - Just confirming that you married before the PMV expired? Also you should not be working now.
In regards to a sc. 820 application and schedule 3 conditions (3001,3003 and 3004) this is what the legislation says (note that I have edited the actual wording for clarity):

In the case of an applicant who is not the holder of a substantive visa — the applicant satisfies Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.

That covers basically everyone who does not hold a substantive visa, but there are additional clauses for those who hold or have held a sc. 300 visa, which do not have schedule 3 criteria attached to them.

Schedule 3 criteria are quite complex and the brief overview below is again heavily edited for the sake of simplicity:
  • 3001 deals with applications made within 28 days of the expiry date of the last substantive visa held by the applicant
  • 3003 deals with illegal entrants
  • 3004 deals with applicants who are not the holder of a substantive visa because of factors beyond the applicant's control and various other factors

The purpose of the criteria is to:
  • encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases
  • discourage non-citizens from remaining in Australia beyond the period of effect of their substantive visa and
  • prevent non-citizens from benefiting by remaining in Australia unlawfully, by possibly acquiring visa eligibility while remaining here without lawful permission.

It is recognised, however, that there are situations in which non-citizens remain in Australia without a substantive visa through circumstances over which they have no control and situations where there are compelling reasons for granting them a visa to remain.

So, if someone applies for a visa (where these criteria apply) within 28 days of the expiry of their substantive visa (3001), they will still need to satisfy 3004 as well.

If they do not apply within 28 days or cannot satisfy 3004, they will need a waiver of the schedule 3 criteria. The latest underlined section is the one that is causing all the trouble now, as the Department has significantly tightened up the criteria for what are considered "compelling circumstances".

Note that schedule 3 criteria do not apply to all visas and under all circumstances.

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Last edited by CCMS; 11-01-2014 at 01:03 AM.

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Old 11-01-2014, 01:44 AM
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Thank you CCMS for clarifying that. And for the notes.

So that only means that I do not fall under Schedule 3 criteria?
Is there a big chance that my application be rejected? We are very positive that we passed all the needed requirements to prove pur relationship is genuine and ongoing, from financial aspect to house chores, trips together etc. .

Yes, we got married last July. And yes, I stopped working for the mean time since I have no permit to work.

And I also searched if I can apply to a BVC with a permission to work, but more likely to be granted to those who are really struggling financially. He is only a casual employee at the moment (earning around 1000/w) and I also wantwd to help with our daily expenses thats why I wanted to work, is there a possibility that if I applied it will be granted?

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