Visitor Visa lodged offshore on BVB?

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Visitor Visa lodged offshore on BVB?


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Old 12-25-2014, 11:05 AM
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Visitor Visa lodged offshore on BVB?

Hi all,

My partner is overseas visiting her family on a BVB right now. Her current visa in Australia is on MRT, due to be settled in February.

Is it possible for her to apply for a visitor's visa (651, 601 or 600) now, while she is offshore? and return on the BVB?

I'm hoping that if a visitor visa were approved, then it would take over if her MRT is unsuccessful, and she would be able to stay with me in Australia (and not work, obviously) on that visa. She would perhaps have to leave every three months, or do whatever else is necessary to comply with the visitor visa conditions, but at least then we wouldn't be forced to be apart too often in 2015.

thanks!


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Old 12-25-2014, 08:10 PM
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If she has a BVB, why would she apply for a visitor's visa? She can re-enter and remain on the BVB until her MRT is settled.

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Old 12-26-2014, 12:40 AM
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With a current MRT in place it is highly likely that a tourist visa would be rejected but you can always try. Also if it was successful she would still need to leave Australia and come back in on the tourist visa. I would check with a migration agent but I would think that if you apply for a new visa and it is rejected then any previous visa's would be cancelled (ie. BVB).

Has she applied for a partner visa? Otherwise she is going to face issues if she tries to come in for 3 months with a minimum break. We have had forum members questioned on the 2nd visit and told next time they will not be allowed entry and that they must apply for a more appropriate visa. If she has applied for an offshore partner visa it should be fine because there is another visa in process.

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Old 12-26-2014, 12:51 AM
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There is no problem applying for a visitor visa offshore even though she currently holds a BVB. If the tourist visa is granted than it would supercede the BVB.

Regards

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Old 12-26-2014, 01:20 AM
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What happens if it is rejected Jeremy?


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Old 12-26-2014, 06:32 AM
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Quote:
Originally Posted by Mish View Post
With a current MRT in place it is highly likely that a tourist visa would be rejected but you can always try. Also if it was successful she would still need to leave Australia and come back in on the tourist visa. I would check with a migration agent but I would think that if you apply for a new visa and it is rejected then any previous visa's would be cancelled (ie. BVB).

Has she applied for a partner visa? Otherwise she is going to face issues if she tries to come in for 3 months with a minimum break. We have had forum members questioned on the 2nd visit and told next time they will not be allowed entry and that they must apply for a more appropriate visa. If she has applied for an offshore partner visa it should be fine because there is another visa in process.
Yeah these are the things that i'm worried about..

Yes she has applied for an offshore partner visa, which we just started and is processing now. The issue is that it will take around 9 months to process, which will leave 6 months or more that we would have to spend apart if the MRT is unsuccessful in Feb. So do you think that having the 309 processing would make Immi more amenable to travelling in and out twice to reset the 3 month visitor's visa?

Quote:
There is no problem applying for a visitor visa offshore even though she currently holds a BVB. If the tourist visa is granted than it would supercede the BVB.
Thanks Jeremy - So to be clear, if the visitor's visa were granted, it would supercede her BVB, so she would lose her current working rights on that visa (which might be OK considering we will probably lose it anyway in February) and she would return to Australia on the visitor's visa.

Depending on how long the visitor's visa is for, she could stay in Australia for that period, we could choose to see out the MRT (or not) and hopefully by the time the visitor's visa has expired, the 309 will have come through.

Which leaves a few questions:

Like Mish said, what is the likelihood that it will be accepted given that we already have a 309 processing and a BVB in effect while waiting outcome of MRT?

If the visitor's visa is rejected, will this affect her current BVB status?

Also what would happen if we apply for the visitor's visa but it does not get approved before she leaves the UK and returns on the BVB? Will it only be granted if she is offshore? Or is it enough to apply offshore and have it granted when she's back in Australia? Would she have to leave and re-enter the country for the visitor's visa to come into effect in that case?


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Old 12-26-2014, 07:18 AM
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I think it is very unlikely that your partner would meet the "genuine visitor" requirements, as she already has a BVB and a MRT case on the go.

What visa is the MRT case for ?

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Old 12-26-2014, 10:43 AM
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I think it is very unlikely that your partner would meet the "genuine visitor" requirements, as she already has a BVB and a MRT case on the go.

What visa is the MRT case for ?
Then perhaps it would be safer to wait for the MRT process to be completed and then apply for visitor visa once that's all done? The only problem is she'd need to leave Australia presuming the MRT is unsuccessful and then apply offshore, and it's a long and expensive trip from Aus to the UK just to go there and apply for a visa to come straight back.. I was hoping since she's offshore now we could avoid that

Her MRT is in review of refusal to grant a skilled gr aduate (485).

Do you think once the MRT is finalised that a visitor's visa application would be more successful? Given she would be coming to Aus to visit me, and I read that visiting family was a genuine reason for granting a visitor's visa.


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Old 12-26-2014, 06:14 PM
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She doesn't need to necessarily go back to the UK to apply for a visitor visa. If the MRT is unsuccessful, she could fly to NZ or Bali and apply from there.

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Old 12-30-2014, 02:19 AM
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Hi guys, just spent an hour on the phone to Immi and updating this post with their info in case anyone here needs this information. Please note this was for my situation only, and the same may not apply to others.

1. Yes it's possible to apply for a visitor's visa while on a BVB, however if successful, it would replace the BVB.

2. If you were to apply for a visitor's visa offshore, return on a BVB and you were then in Australia by the time a visitor's visa were granted, the visitor's visa would be cancelled, as you need to be offshore at time of approval. There is no leeway and no-one will contact you before granting the visitor's visa like there is with partner visas.

3. Applying for a visitor's visa will not affect any other applications in any way. Having a visitor's visa refused will not affect any other applications.

4. Applying for 601 or 651 visitor's visas is fairly straightforward (although it depends on which country you apply from, some are more stringent) and it should either be instant, or take up to 24 hours to approve. 600 visas take 4 - 6 weeks.

5. In all visitor's visa applications they will assess you against three things:
- Whether the intention is genuine (to visit as a tourist or to visit friends or family)
- Whether there is incentive to return
- Whether you have funds to support yourself for the period of stay, or whether someone else will be supporting you.

6. On a 601/651 visa you don't need to leave the country after three months, you can apply for an extension of a further three months onshore, although it will cost you $350ish.

Hope this is helpful.

cheers


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