Bridging Visas A & B – more on the Mysterious World of Bridging Visas.

The basic story of the WA 010 Bridging Visa A (BVA) & the WB 020 Bridging Visa B (BVB) is very simple –

The BVA is for people who make an onshore (in Australia) application while they hold a substantive visa. (A substantive visa is any visa except a Bridging visa, a Criminal Justice Visa or an Enforcement Visa) – So basically almost every known visa.

The BVB is only for holders of a BVA who wish to travel overseas for a specified limited period. So while a BVA holder can depart Australia they cannot return on their BVA and hence they should apply for a BVB which will allow them to return. The current DIAC charge for this application is $105 (as at 1 July 2011).

When a BVB is granted it replaces the holders BVA. It is important for those who travel on a BVB to reapply for their BVA when they return. Use Form 1005 and tick the box that says

You are seeking to replace a bridging visa attached to an outstanding application for a substantive visa because the bridging visa ceased when you left Australia…”

There is no DIAC charge to make this application!

This is important as a BVB has an expiry date and when it ceases the visa applicant’s status in Australia less certain (on an expired BVB). DIAC will often tell applicants that they don’t need to do this – put simply you do!

To be granted a BVB you must ‘convince’ DIAC that you have a ’substantial reason for travel’. This sounds ominous and I have seen quite a few applicants turned away at the DIAC counter by an officer telling them that he or she does not consider that they have a substantial reason to travel. They wander off looking confused. The reason for this provision is that DIAC want you here just in case they a) need you in relation to your application or b) what to make a decision on your application which will not be possible if you are overseas. Processing officers usually check with for example the MRT / RRT to determine if your application is likely to be heard in the time you propose to be overseas. If it is you’re not going to get the BVB.

Don’t be put off by the ‘substantial reason for travel’ criterion by a counter officer. Generally almost anything is substantial reason and it is a subjective judgement – however going somewhere for a couple of weeks in the sun probably will not fly! Insist on being given a ticket if you’re there to let a processing officer see your application.

So the BVA keeps an applicant for a substantive visa lawful while their application is being assessed / processed by DIAC and it will remain in place while any application for Merits Review (MRT / RRT / AAT) is decided.  The BVA is normally granted at the time a substantive visa application is made however the BVA only comes into effect when the holder’s existing substantive visa expires. The BVA steps forward to keep the visa applicant lawful.

I get many questions on this last point. Typically…“I’ve got a Student visa which expires in 18 months and I’ve lodged an onshore GSM or Partner application and now I’ve been granted a BVA. Can I stop studying?”

No. Your Student visa is still your current / existing visa and you are bound by the conditions of that visa. In a later post I’ll discuss voluntary visa cancellation but that will be in the post on the WE 050 BVE as a possible ‘solution’ to this situation.

Another common query is about the Visa Conditions that apply to a BVA. It is a common misunderstanding that a bridging visa will always have the same conditions as the holder’s last substantive visa. Now it’s easy to see how this misunderstanding has developed as this is generally the case however some conditions cannot flow from the substantive visa to the BVA and some visa applicants will have additional conditions applied to their BVA. When a BVA is granted the grant always specifies the conditions – so be smart and check don’t just assume.

Work permission is naturally an area of major interest for most visa applicants. Generally if a substantive visa had work permission that same condition will apply to the BVA.

If your BVA is granted without permission to work application can be made (Form 1005 again) to ‘Change to Bridging Visa Conditions’.

Basically there are two pathways to get permission to work granted on a BVA  -

a) Are you seeking permission to work on the basis of an employer nomination associated with an outstanding application for a subclass 856 or 857 visa; or a Business (long stay) (class UC) (subclass 457) visa?

b) Are you seeking permission to work on the basis of financial hardship?

If you follow the second pathway (financial hardship) you will need to demonstrate to DIAC that your financial situation is such that you need to work to be able to support yourself. They are not too hard on this if you give them adequate supporting documentation outlining your savings, income and expenditure (worked out weekly).

A couple of other things to keep in mind

  1. If you are applying for Judicial Review (the Courts) you must make application for the BVA – the applicant’s BVA does not roll on as with Merits Review and it is not granted automatically upon making the application for Judicial Review.
  2. A BVA will expire 28 days after the holder is notified of the final decision – this could be DIAC refusal, a DIAC decision affirmed at Merits Review or an application for Ministerial Review.
  3. A BVA in relation to Judicial Review ends 28 days after the court proceedings have ended or 28 days after the applicant withdraws the application.
  4. A BVA ceases when the visa holder leaves Australia.

So perhaps more complex than it seemed at the start.

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588 responses to “Bridging Visas A & B – more on the Mysterious World of Bridging Visas.

  1. Hi There,

    I have been reading this blog for quite a while now and I feel happy that there are so many people out there to share information on the topic. I am on a student visa at the moment and will be applying for a partner visa at the end of October, my current visa expires in November. I was wondering if I should continue studying until I get an answer or can I stop studying as soon as I go on a bridging visa? I am sure that a lot of people have asked this question before but I haven’t managed to find it here :) Thanks

    • Immigration Pty Ltd

      Dear Luz,
      Thanks for the comment / question.
      Yes this is also a question many people ask.
      Answer is simple – as soon as the BVA replaces your Student visa you can stop studying.
      The BVA will probably have the Student 20 hour work limitation. You can either apply as per my post to change the conditions on the BVA and here you’d have to go for ‘financial hardship’ or show your institution that you have now lodged a Partner application and no longer have a Student visa – show them the BVA grant letter and they will probably lose interest in you. Get a release letter if they will give it to you. Then you can validly say that the 20 limitation which applied during your in session time no longer applies and you can work full-time as in normal holidays. Once the Partner application BVA comes into effect the DIAC Student section will also lose interest as you become a Partner section client.
      If any of the other student conditions roll over onto the BVA also apply to have them removed.
      Grant Williams

    • Hi Grant,

      Firstly what a great job you do here!
      A quick question – how fast and in what form do you get the bridging visa? I may apply for the 485, in this case is the BVA affective the day that the application is applied? Does it take a few days? And sorry for the silly question but does it come as a stamp or any other “hard copy” form?

      Cheers!

      • Immigration Pty Ltd

        Dear Luka
        The BV is granteed once DIAC confirm that you have lodged a valid application. They send an email usually. You can get a lable put in your passport if you go to a DIAC office and ask.
        485 is normally applied for online. You submit the application + pay the fee + attached scans of your supporting does. If the system allows you to do all this it will mean it has checked and the applicationnis valid and a BVA has been granted. This will only work if you are on a substantive visa (Student in your case) on the day you apply.
        Good luck
        GRant Williams

    • Hi There
      My partner is currently on a student visa and we are are applying for a defacto visa on the 10th of April, the briding visa will come into affect on the 29th of April as the student visa expires on the 28th. When the briding visa becomes active can my partner work fulltime as we were under the understanding that once you go onto a bridging visa you have the same restrictions you had whilst on your student visa however as the study course has now finished and the student visa allows you to work fulltime when you are not attending the specified course, is it right in thinking my partner can work fulltime?
      Thanks

      • Immigration Pty Ltd

        Hi Emma
        Yes he can work full-time on the BVA as he is “out of session”
        Grant Williams

      • Hi Grant,
        Thanks for your response last time. We have now submitted our application to immigration and my partner has recieved his acknowledgement letter and the letter states the follwiong working restrictions:
        “You were granted a bridging visa A upon lodgement of this application with visa condition: 8105 WORK LIMITATION” – So i just wanted to re-confirm my partner can work full time as his studying course has now completed and is “Out of Session”? Do we need to apply for anything specific to be allowerd to work full time? When looking for a full time position is there any restrictions other than the travel requirements one would need to tell the employer? If one wants to travel to visit their family is this a sufficent reason to apply for a visa to leave Australia?

        The visa situation is confusing and we dont want to do the wrong thing.
        In your experiences how long do these visa’s take? – if our application is complete is it likely our Visa will come through more quickly?
        Thanks kindly for your help.
        Regards

      • Immigration Pty Ltd

        Emma Yes he can work full-time. Nothing to do as far as DIAC is concerned. BVB reason is fine. Our decision ready application usually take between 1 and 2 weeks to be granted. Depends on how busy they are. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • Kapil dave

        Hi grant!!!
        I have a question regarding my qualification. I have bachelor degree from overseas and MBA degree from Australia. I have already assessed my MBA degree so that I can get 5 points for two year study in Australia.
        If I get positive assessment for my bachelor degree can I claim for extra 15 points for bachelor degree??

      • Immigration Pty Ltd

        Not sure that you need the degree skills assessed unless it’s necessary for your occupation. If your Bachelor is equivalent to an Australian Bachelor degree you get the points. If you can find someone with a Country Education profile for your country ABS publication you can llok it up. Grant Williams

      • Hi Grant
        Thank you for alll your advice you are very helpful. I had another question. We are currently waiting on our medical check results for our 820 visa application hopefully we will recieve them in the next week and submit to immigration, how long do you think it will take for the visa to come through if all of our other informtion is in order?
        My other question is do you recieve an email from immigration notifying you of your case officers name or does this only happen if something is missing from your application?
        Thanks again for your help it is very appreciated.
        Emma

      • Immigration Pty Ltd

        If all is OK anywhere between 1 and maybe 4 to 5 weeks – depends how busy they are at the time you apply. Volume of applications divided by staff processing = weeks it takes basically. Best outcome is to get the email granting the visa. You don’t need a case officers name. If they request further docs they will identify themselves. Grant Williams

      • Hi Grant
        Sorry to bother you again. However i just wanted to ask you about the waiting time for the partner VISA.

        i contacted immigration yesterday as we have not heard anything regarding my partners VISA and we submitted the health results almost 2 months ago. And to my knowledge have met all of the other requirements for the VISA application process.

        However, yesterday when i spoke to the lady at immigration she mentioned that as we did not submit our health requirements with our original application we have now fallen into the 9 – 12 month waiting time and shouldnt expect a response any sooner. In your experience if everything else is fine with the VISA application does this sound likely to you, or is this protocol for immigration to tell you this but the VISA is actually likely to come sooner?

        thanks for all your help.

        Regards
        Emma

      • Immigration Pty Ltd

        Emma If it is decision ready they will process it if not it generally goes into the wait pile. Sometimes they will pull out applications if the one thing is provided if you ask nicely but there is no way to know as it is totally at their discretion. GW

  2. Sorry for the interrepting, but I am very confused with my current situation.

    My partner (secondary applicant) and I (primary applicant) have applied for a subclass 485 visa after graduation but the application was refused because I failed to submit the English requirement document.

    Prior to the refusal I had applied for a subclass 885 visa and now I am still holding the bridging visa in Australia. (My occupation is priority group 5)
    Because of the lengthy processing time, we decide to submit another application with her employer nomination and I will be the secondary applicant this time.

    I acknowledge that we have to lodge an offshore application because we aren’t holding a substantive visa. I have been given different advices from immigration staffs that, I can’t lodge any application within Australia because I am subject to section 48 bar from the previous application refused. Some advised even we had previously left australia with BVB, it still applies because section 48(3) fix the loophole. Some said Section 48 doesn’t affect us, because it only applies to onshore application and previously refused primary applicant.

    What I want to clarify is that does section 48 barring us to lodge an offshore application within Australia? Can we lodge an offshore application inside Australia, if not can we physically travel outside Australia lodging and come back to remain residing in Australia until the visa is ready and travel outside for grant.

    Some helps would be appreciated.

    • Immigration Pty Ltd

      Hi Bill
      Thanks for the comment / question.
      You have a complicated story. Section 48 (3) does close the travel loophole however section 48 only applies to applications made onshore. So no it has no effect on offshore applications – it is a regular routine to send applicants offshore to lodge an application and then they come back.
      Your situation – on a BVA for a lodged 885 application suits this approach quite well. The complication you have created by lodging the 485 application thus creating the section 48 onshore application bar can be overcome.
      You say your partner’s employer is going to lodge an Employer Nomination application (ENS) – this is a two stage application – Nomination relating to the business and the position & Application for the visa. The nomination stage is independent from the application stage although both are most often lodged at the one time. What you will need to do is apply for a BVB to depart and then lodge the ENS application (subclass 121) while you are overseas. Once it is receipted you return on the BVB (reapply for the BVA for the 885) and continue on until the Nomination and 121 are processed. Usually the ENS case officer will contact the applicant or their agent if the applicant(s) when they see that they are onshore and need to be offshore to allow the visa to me granted. You tell them your travel arrangements and all being well you go offshore, they grant the 121 and you return. You’d then need to withdraw the 885. All this just needs to be carefully managed.
      Grant Williams

  3. Hi Grant, great blog post on BVAs and BVBs, thanks!
    I’ve recently been granted a one-year BVB and strangely enough the Melb DIAC staff told my agent that I won’t need to keep changing back to BVAs upon arrival when I travel multiple times in and out later this year on this BVB for work. This sounds suspiciously too good to be true – what are your thoughts?
    Thanks heaps.

    • Immigration Pty Ltd

      Hi Puzzled
      Thanks for the story. Interesting you don’t see 12 month BVBs all that often. I assume you have this ‘concession’ as a) DIAC know you’ll be on the BVA for some time b) you need to travel for work and c) they were interested in saving themselves some paperwork (the latter is not usually a consideration for Immigration).
      However, as your BVB lasts for 12 months it is essentially a multiple travel visa and it stays valid upon your return on each occassion up until its expiry date (12 months from grant date). So each time you return you remain on the BVB which is fine (it’s just an BVA with a travel provision). You only need to reapply for the BVB when the BVB actually expires.
      Grant Williams

    • Hey man ! can i get our agent’s detail. I would like to get a 12 month BVB. Never knew it was possible.My email is fahmeedkazi@hotmail.com Would appreciate you help. Thanks

      • Immigration Pty Ltd

        Dear Fahmeed
        The only 12 month BVBs I’ve seen have related to applicants who have what DIAC assess as a long running case (won’t be decided anytime soon) and who have a need to travel in relation to their employment on a regular basis. If you’re say at the MRT for a student visa refusal you will not be given this luxury.
        My details ar on the BLOG at the home page – go to ABOUT.
        Grant Williams

  4. Hi Grant,
    You have given me some very helpful information clearing the uncertainty holding me up for months.

    I have been trying to understand the section 48 myself from the document.
    At nowhere, it has mentioned the section only applies to onshore applications. How do we know and so as the case officer to understand it only applies to onshore applications. Any other lawful documents clearly states it out for a backup?
    http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s48.html

    And, I came across the DIAC site stating that ENS (subclass 121) visa can be lodged in Australia, and travel out Australia only at the time of visa grant.
    Having said that section 48 bars only onshore application, do I still need to lodge the subclass 121 offshore application outside Australia?
    http://www.immi.gov.au/skilled/skilled-workers/ens/

    The last, we have been thinking to lodge an subclass 457 as the stepping stone to the ENS application. Can the same application routine apply to this visa by traveling outside lodging, back australia waiting and outside Australia for grant.

    • Immigration Pty Ltd

      Hi Bill
      Glad it’s helped. We know it only applies to onshore applications from the first line of the reference you provide – “(1) A non-citizen in the migration zone who: ” the migration zone basically means in Australia.
      Yes 121 can be lodged onshore but the applicant must be offshore for the grant. If s48 applies you can only lodge offshore.
      457 visas are a little more complicated as they have three separate but prerequisite parts. The Sponsorship and Nomination (Business and job respectively) are lodged and processed here but if s48 applies to the applicant the application can only be lodged here if the applicant is o/s. Applicant’s often then return if they can (say on a BVB) and wait for the visa grant which interestingingly is not like the ENS 121 as the applicant can be anywhere at time of grant.
      These provisions are confusing and most non-professional applicants can never hope to find out the Regulations that actually apply.
      Grant Williams

      • Hi Grant,
        Having read your postings, I must say you are deserving of a special “Australian of the Year” award for your great service to we prospective migrants! Your blogs are highly informative and illuminating. Please keep it up.
        Now my issue: I am currently on a bridging visa B awaiting travel to New Zealand to make an offshore application for 457 visa. Otherwise, I am on BVA pending a decision on my 485 graduate skilled application which looks set to be refused on health grounds on one of the secondary applicants.
        My employer has nominated me for 457 visa. Questions:
        1. It is over 12 months since I made my application for 485 visa. Does schedule 3 factors bar me from lodging this 457 visa onshore??
        2. If I have to go offshore to make the application, does this mean that all my family (secondary applicants) have to travel with me (the primary applicant)? Do we have to be offshore for the 457 visa to be granted if we make an offshore application?
        3. There are only few days remaining before the case oficer decides on the current 485 visa. If this application is refused but I have lodged an application for 457 visa (offshore), how does it impact upon my 457 application? Can I appeal to the MRT and once the 457 visa is granted I withdraw the appeal?
        My motivation for seeking the 457 visa is that it may provide me with a health waiver.
        Please advise.
        Thanks
        Zinga

      • Immigration Pty Ltd

        Dear Zingalupili
        1. Sch 3 only affects onshore applications. No problem for the 457 application lodged o/s.
        2. There are no criteria at time of application for secondary applicants in the 457 Regulations. This means that only the Primary applicant is affected by a Schedule 3 that will in your circumstances mean you need to lodge the application o/s.
        3. These are separate issues – the 485 refusal is onshore the 457 application offshore. On the limited info you provide and if the 485 is refused you need to decide whether to go to the MRT to prolong your BV status and allow a BVB to be granted. It sounds very unlikely that they will grant you a BVB if a decision on your 485 is immediately pending. This may throw a spanner in your plans to travel to lodge the 457. Therefore you may need to go to the MRT, which will allow the BVA to roll on and give you the opportunity to get a BVB to travel for the 457 to be lodged. An expensive option as you’ll be pulling out the 485 appeal once you get the 457 and the MRT will not refund the fee.
        Yes there is a health waiver for 457. Just did one.
        Grant Williams

  5. Hi Grant,

    Having said that as long as we lodge the application offshore (outside the migration zone which is Australia), the section 48 will not apply and the application will become valid.

    But 457 visa type is a little more tricky because its visa type only has one for both onshore and offshore application. So, you believe should I lodge the 457 offshore during my trip ‘for instance to new zealand, which is known as’ new Zealand shuffle’, following come back to Australia, the visa would be granted in Australia eventually?

    Bill

  6. Hi Grant,

    My wife is on BVA. Im going to Munich via London for work and my wife’s family mother and father live in London.

    She wants to visit her family during my travel. She will be London the whole time (2 weeks) during my trip to Munich and back to London for a bit to spend wit my in laws.

    She has bought her ticket already.

    Her reason for travel is that she misses her family and wants to see them.
    We were gonna go and visit them in 2013 when we do the tour of europe but that is now delayed.

    Is this a good enough reason for her to be granted BVB?

    She is waiting on the Temporary visa which was lodged in January 2011.

    Cheers
    Neil

    • Immigration Pty Ltd

      Hi Neil
      Basically yes but I’d include that she is accompanying you on the business trip. You don’t need to answer questions you’re not asked. You’re both arriving in London leave it at that.
      Grant Williams

  7. Hi Grant,
    I would like to ask you one question.My visa is 485 visa.(Temporary Resident Visa).i haven’t applied for PR(permanent resident).I would like to transfer/change this 485 visa to ENS Visa which is quickest way to get Permanent resident.I have been woking in same field almost 3 years.So, Could i apply for ENS visa?and what i have to do if i can apply this visa.
    i will be appreciate if you answer me.
    sunny

    • Immigration Pty Ltd

      Dear BK
      If your occupation is on the Employer Nomination Skilled Occupations List (ENSOL) the answer is yes it is possible. First your employer’s business must gain Nomination approval from DIAC. Second you will have to have a successful assessment of your qualifications for migration (Skills assessment) + be able to demonstrate that you have 3 years relevant work experience = all the normal adds on medicals, police checks and IELTS.
      You ask what you have to do – that’s an unfair question in this situation – I normally take up to two hours to go through this process with a client and the employer therefore it is not possible to do that on a BLOG. I’m happy to provide some FREE advice but if you are going to follow this pathway you must get professional assistance especially for the Nomination stage which is far more complex than DIAC leads applicants to believe.
      Grant Williams

  8. Hi Grant,

    Thank you for your helpful advice, much appreciated.

    Cheers and have a good day

    Neil.

  9. Hi Grant,
    Great blog and some good advice here. I have a question of my own. I have a pending De-Facto Visa application but we were just told it will most likely be refused, as we were not meeting the living together for 2 months rule satisfactory. Our Immigration agent has advised us to appeal. Once we appeal he will request another BVA (I am on one at the moment). From what I understand though the tribunal date won’t be available until 4-6 months from the appeal and since I have been waiting for a decision for the De-Facto visa for over 12 month now, I had planed to go home and see my family. We had also booked a cruise with my boyfriend’s family in December. I am now wondering what to do. I could apply for a BVB for the trip home in November as I really want to see my family, it’s been 2 years now. But the cruise is already booked and paid for so wpuld be great if I could get another one in December. I know that might be pushing it a bit. What’s your opinion on
    A. Would and already booked vacation be reason enough for a BVB to be granted
    B. Would they likely grant 2 BVB’s within 2 months?
    C. Or can I request 1 BVB for my trip home and as they seem to be valid for 3 months can I use it for the cruise as well?

    I obviously would rather not take any unnecessary risks, so if I need to cancel the cruise then so be it.

    Cheers,
    Sabrina

    • Immigration Pty Ltd

      Dear Sabrina
      Thanks for the comment.
      There several things that worry me in what you relate.
      1. Assume you mean the 12 month rule (not 2 months)?
      2. If you fail to meet the 12 month rule as assessed by DIAC I cannot see how you can win at the MRT as they must apply the same Migration Regulations and the 12 month waiting period is a time of application criterion.
      3. MRT reviews are generally taking much longer than 4 – 6 months but this varies from city to city. Where did you lodge the application? In Sydney it could be 2 years!
      4. Why did you lodge the application in the first place if you did not meet the 12 month criterion?
      5. Your migration agent does not request a new BVA when you appeal to the MRT – you simply stay on the BVA that you already have. Are you sure that’s what the migration agent told you? Sounds very odd!
      In relation to your BV questions.
      To get a BVB you must demonstrate a ‘substantial reason for your travel’ – I’ve never seen one refused but basically the test they apply is to determine if your case / application is likely to be actioned in the period you are requesting for travel.
      Questions:
      A: My view would be yes but I’d be getting a good agent to make the application for me – that way they don’t ask as many questions (you could also say it’s some special family celebration /event)
      B: Not as likely unless you have two good reasons. Usually holidays are not regarded as a substantial reason.
      C: BVBs are often granted for 3 months (recently I’ve seen both a 6 and a 12 month BVB). Yes you can travel in and out on a BVB provided it is still valid.
      When your BVB expires you should reapply for your BVA – it’s the safe thing to do.
      I’m concerned that you should possibly be considering another Partner application. What are your plans if the MRT affirms the DIAC decision to refuse the visa. Ie. you lose at the MRT. On what basis is your migration agent telling you that you will be successful at the MRT?
      Grant Williams

  10. Hi Grant,

    Thanks for your useful guidance. I have finished my studies and applied for PR and had BVA. I wanted to travel for two weeks overseas and got BVB for 3 weeks. The officer said I don’t need to come back to BVA as I will have full work permission when I come back. Do you think I need to apply for BVA again after coming back or BVB gives me full work permission?

    • Immigration Pty Ltd

      Yes I even read some DIAC advice that applicants who travel on BVBs should reapply for their BVA upon their return.
      Many DIAC officers give this “advice” so that they don’t have to process the request. There are good technical reasons to have a valid Bridging visa rather than an expired bridging visa. They are not the same!
      Grant Williams

  11. Hi Grant,
    RE: Assume you mean the 12 month rule (not 2 months)?
    Yes, sorry – a typo

    RE: If you fail to meet the 12 month rule as assessed by DIAC I cannot see how you can win at the MRT as they must apply the same Migration Regulations and the 12 month waiting period is a time of application criterion.
    When we applied for the Visa we were living together for 7 months, however we had a registered our relationship in NSW which was supposed to waive the 12 month rule. Now after waiting for 12 months for the decision we meet the 12 month rule as we have been living together for 1.5 years now.

    RE: MRT reviews are generally taking much longer than 4 – 6 months but this varies from city to city. Where did you lodge the application? In Sydney it could be 2 years!
    Yep, lodged in Sydney – seems like I will be in for a long wait then :(

    RE: Why did you lodge the application in the first place if you did not meet the 12 month criterion?
    I had applied for a 457 visa with a dodgy employer. He didn’t provide the DIAC with info when they requested and they refused his nomination. Subsequently they refused my application as well. I therefore had 28 days to figure out a solution and as I had a visa refusal applying for the DeFacto was our only way out. As mentioned I had been told the Relationship registration was waiving the 12 month rule.

    RE: Your migration agent does not request a new BVA when you appeal to the MRT – you simply stay on the BVA that you already have. Are you sure that’s what the migration agent told you? Sounds very odd!
    Maybe I misunderstood him then.

    RE: I’m concerned that you should possibly be considering another Partner application. What are your plans if the MRT affirms the DIAC decision to refuse the visa. Ie. you lose at the MRT. On what basis is your migration agent telling you that you will be successful at the MRT?

    I was told by him that when we apply for appeal the Tribunal will re-look at all evidence fresh from the day of the hearing, as if it was a new application. Is that true? In that case we will meet the 12 month rule now. Apparently the Case officer that spoke to my agent had recommended an appeal as well.

    I won’t be able to re-apply in the country if I have a refusal. I will have to leave and apply from abroad. That would cause major problems financially and with work, as I have been living in Australia for 3 years now and my life is here. If the processing times abroad are anything like they are here, I would be stuck away from my partner and without a job for over a year. Also, I am afraid having 2 visa refusal I will have trouble getting one approved if I leave the country.

    • Immigration Pty Ltd

      Dear Sabrina
      Registration of a relationship does get around the 12 month rule but in and of itself it proves nothing. You and I could meet at BDM tomorrow and register a relationship and we’ve never met. The ‘genuine’ relationship test still applies. I’d be trying to talk with the case officer and see if there is not something else you can do to salvage the application.
      The MRT in Sydney is a long haul.
      DIAC may be sceptical because your situation looks like you lodged post 457 refusal just to stay here. You should not have to jump a higher hurdle than anyone else but reality is often different from theory.
      As I said the BVA just rolls on. No application necessary if you’re already on a BVA.
      The MRT does re-look at the evidence with new eyes. You’ve got to convince them your relationship is registered + genuine at time of application. They cannot say oh well it’s more than 12 months now so it’s all OK. You had to have 12 months at time of application – if that’s the reason for refusal. You need to check the reason for refusal carefully to make sure that’s actually what they are saying.
      Again the best strategy, if possible, is to salvage the application before refusal.
      Grant Williams

  12. Thank you Grant and have a good day.

  13. Hi Grant,
    Is there is anyway for BVC holder to travel overseas? I know that BVB is limited to the BVA holder to apply. Can i apply to change my BVC to BVA/BVB?? Thank you
    Regards,
    Anne

    • Immigration Pty Ltd

      Hi Anne
      I’m afraid the simple answer is NO.
      You can leave on a BVC you just cannot come back. So don’t – it’s a world of problems!
      Grant Williams

  14. Thanks Grant
    However, I have go to overseas due to family issue. I receive a job offer which will start in early of next year and my employer willing to apply a working visa for me. My problem is will the termination of BVC affect my future visa application?
    Thanks for help
    Anne

    • Immigration Pty Ltd

      Hi Anne
      If you leave on your BVC it will have no impact on any new visa application. If your employer lodges applications for Sponsorship and Nomination approval for the business and job respectively and they are successful then you can lodge a new visa application to return on the back of the approved Nomination. The only way you will be able to return once you leave on the BVC is with a new visa.
      Grant Williams

  15. Hi Grant

    I have gone for MRT review as my 885 Graduate Skilled Visa got refused. Now my current online Visa status shows that work limitation is 8105.
    Bridging Visa number is WA 010

    I want to know if I have unlimited work rights with this Visa as before.

    TYI.

    • Immigration Pty Ltd

      Hi Sunjyest
      I assume you mean a 485 application for Graduate Skilled visa.
      The work limitation is the one from your Student visa.
      Again I assume you have finished your course and used this to apply for the 485. If this is the case then you are considered out of session and that means you can work full time while you await the 485 application decision.
      Grant Williams

  16. Hi Grant,

    I have a query. I know brdiging C doesn’t allow travel and briding B to follow. I am now holding a bridging C from a GSM shore application becase I lodged an application while I was holding a non-substantive bridgind visa A. Will the application still be considered if I depart australia with my briding C now and subsequently come back wiht a working holiday/ travel visa to australia?

    Second, if i am still outside australia when the decision is made. Will the officer automatically reject the application or they will attempt to inform me back to australia for the visa grant?

    • Immigration Pty Ltd

      Dear Sam

      Yes you cna depart on your BVC and DIAC will still process your application but they can only grant the visa if yopu are in the migartion zone (in Australia). If you are not here when they come around to a decision they will generally just refuse the application. They may attempt to inform you if you are overseas but they do not have to. Basically it’s your responsibility to be here.
      Grant Williams

  17. Hi Grant,

    After reading all your dedicated answers, I am very convinced myself of the knowledge and expertise you have. I wonder if you can help me to clarify some issues on my immigration status.

    I have finished my tertiary study and being wrongly advised by an agent, I had apply for another diploma course (lower qualification) to extent my student visa. As a result of this, now I has been rejected for the visa and facing the risk of have to go back to my country. So I want to ask you of the options that I may have now.

    Say if I want to appeal to MRT review to extent my stay, would I be able to apply for another visa type (say spouse visa since I have a Aussie partner here but trying to get evidence as genuine relationship) while we was waiting for the MRT decision? Does it has to be offshore? If it was the case, can I apply the other’s situation to go somewhere oversea like NZ for a while when the visa being lodged?

    I am very worry and stressed now as I only have 17 days left before I have to depart the country. So if you could give me some advise on this it would be greatly appreciated

    • Immigration Pty Ltd

      Dear Mut
      Why was the TU visa refused?
      Your options at the MRT probably fall into two categories a) If there is some possibility of overturning the refusal and b) if the resaon for the refusal cannot be successfully challenged. From what you say your plan is to apply to the MRT to buy time (Does this mean you feel that you are in (b) above?)
      Are you now on a BVA as a result of your refused TU visa application? If you are then it may be possible once you meet the criteria for a genuine relationship to lodge an onshore partner application. In most instances like yours this involves convincing DIAC to waiver what is basically a Schedule 3 of the Migration Regulations bar on an onshore application. Again this may be possible but it will depend on your personal circumstances and the length of your relationship. You need to get this assessed by a professional agent / lawyer personally.
      If you go the offshore route it is possible to depart on a BVB – lodge the application – and return on the BVB to await the MRT hearing. This will come down to timing as which happens first the Partner visa grant or the MRT outcome. Can get a little messy but still all possible.
      Best to lodge onshore if at all possible.
      Grant Williams

  18. Dear Grant,

    If I am leaving Australia with my BVC, can I apply replacement of my ceased bridging visa to return back to Australia at oversea? That’s on the bridging visa form 1005. And, what reason do they only allow us to do so?

    Anne

    • Immigration Pty Ltd

      HI Anne.
      Simple answer is NO. If you leave on BVC that’s it. You can only come back if you then apply for and are granted another substantive visa. You cannot get a BV regranted overseas as you suggest
      Grant Williams

      • Thanks, but why there is such a visa replacement thing on the form 1005?

      • Immigration Pty Ltd

        Hi Anne
        This provision is to allow people who leave and return on a BVB to get their BVA re-granted. I explained this in my post on the BVA/BVB.
        Grant Williams

  19. Dear Grant,

    I applied for 885 visa in June 2011, and granted BVA. However I have student visa until march next year. I’m studying honours but want to change my programme to masters. Do I need a Coe now as I have BVA and do I need to complete honours or do I have certain requirements to fulfil to change my programme to masters? really appreciates your advices right now…

    Nina

    • Immigration Pty Ltd

      Dear Nina
      Your Student visa remains in force until it expires in March 2012. Therefore until then you are bound by the conditions on this visa. If you want to change from Honours to Masters you should get a new CoE just to be safe. You will stay on the same Student visa as both are TU 573 courses. You don’t have to do anything as the Uni automatically notifies DIAC by sending them the new CoE.
      When you applied for your 885 visa you were granted a BVA. This BVA sits behind your TU 573 visa until it expires. The BVA then steps forward to keep you lawful until the 885 is granted.
      Grant Williams

      • Dear Grant,

        Thank you for your quick reply, and thank you for every information you posted here for us.

        Nina

  20. Hi Grant

    The article above says that there will be post about BVE and voluntary cancellation of student visa’s.. Is this still coming?

    Thanks

    Paula

    • Immigration Pty Ltd

      Hi Paula
      Yes next week. I try to get some variety in the order of postings.
      Grant Williams

  21. Hi Grant,

    I changed my visa BVA to BVB to travel. After coming back I went to the immigration office and asked if I need to go back to BVA. They told me that my BVB acts the same as BVA and has the same right for work and duration. Now I wonder if I my BVB lasts until my application is decided and if it has the same work permission as BVA.

    Thank you.
    Hooran

    • Immigration Pty Ltd

      Hi Hooran
      When you look at your BVB you’ll see it has an expiry date. When it expires it’s finished. It replaced your BVA. Therefore you don’t have a BV at all once the BVB expires. DIAC Policy is to just overlook this and basically they’re lazy and don’t want to have to re-process your BVA. They cannot do it automatically as the law does not allow this – so you have to apply. Therefore the only sensible and safe thing to do, as it in fact says on the DIAC form is to have your BVA re-granted once you return to Australia.
      I advise all my clients to get the BVA back in place. My advice to you is to look after your best interest and to not just allow some DIAC counter officer to tell you it’s not important. It is!
      Grant Williams

  22. Hi Grant,
    Thank you very much for the guideline.

    Regards,
    Hooran

  23. Hi Grant,
    Regarding previous post, I filled form 1005 and asked immigration office to change my visa to BVA but they told me it is valid until my 885 is decided. When I checked VEVO there is no expiry for BVB as below:
    Visa expiry date : –
    Period of stay : Indefinite

    and in Visa label it says BVB is valid until decision on my 885 application is decided.I’m concerned and if possible can I post 1005 by mail to immigration office?

    I’d also like to know if BVB gives full work permission.

    Thank you in advance.
    Hooran

    • Immigration Pty Ltd

      Dear Hooran
      I’m not forcing you to get your BVA re-granted! I’m recommending that you do. Sensible senior DIAC officers also say the same thing. If you read the front of the 1005 it says… “You are seeking to replace a bridging visa attached to an outstanding application for a substantive visa because the bridging visa ceased when you left Australia…”. That’s why this provision is there!
      Just post it to “Client Services” at you nearest DIAC oiffice and they have to process the request.
      Yes BVB will have the same conditions as BVA.
      Grant Williams

  24. Hi Grant,

    Many thanks for your guidelines. I will post it soon.

    Regards,
    Hooran

  25. Hi Grant,

    thanks for your post!
    it has been quite difficult to find more information about bridging visa outside of the immigration webpage. I am one of the unfortunate 885 group 5 applications (Since March 2009) stuck in a backlog. I’m currently working full time for a multinational company and the problem I’m facing at the moment is that the work requires me to travel overseas quite frequently. I’ve applied for BVB twice for personal reasons (no drama there) in the last 2 years, but it has always been granted for ~1 month each. I recently heard that now they grant a 1 year multiple entry BVB and I wonder whether the business case will be a good reason for it?

    The other issue I have with the BVB is that if I need to travel to countries that required me to apply for visa (business/tourist), their Australia’s consulate office generally can’t accept bridging visa because its not considered as a ‘valid’ visa according to them. I find this very annoying because I practically can’t travel anywhere for my work

  26. Hi Grant,

    I’ve only just come across your blog but have to say, what a great resource.

    My question is regarding the granting of a BVA from a 676 Tourist Visa (multiple entry, max 3 month stay, last entry before 1Sep 2012). If a partner visa is applied for while in Australia during the first 3 month stay on this visa (visa is free of 8503 No Further Stay condition), would BVA come into effect at the end of the 3 months, hence overruling the max 3 months stay condition, or would it come into effect in Sep2012 when the last entry date has passed, with the visa holder still having to leave every 3 months (or something similar to not break 3 month max stay condition)?

    Any clarification you could provide would be greatly appreciated.

    Kind Regards,
    Genga

    • Immigration Pty Ltd

      Hi xd (Dan?)
      Thanks for your comment.
      Yes I’ve seen a few 1 year BVBs recently all granted on the basis that their employment requires travel. Sense really as it saves DIAC work. Get support from your employer and go in personally or get an agent. Ioften see DIAC officers hassle applicants for BVBs but they never ever say a word to me.
      The second issue is a real headache and it’s not an Australian problem so DIAC cannot fix it. Each country has its own rules.
      Grant Williams

      • hi Grant,

        I went to the diac office this morning with the letter from employer, they grant me a year multiple entry BVB without much issue. I guess work purpose is the main reason why they grant this long bvb as they ask quite some qs regarding the trip. But as long as its an honest and valid a reason it shouldnt be a problem.

        Thanks for the advice!

      • Immigration Pty Ltd

        Excellent – good outcome Grant Williams

  27. Hi Grant,

    thanks for the reply.
    Yes, I will go in personally and try to get a letter from my employer stating the multiple entry requirement and see how it goes. Finger crossed it works.

    Cheers
    Dan

  28. Hi Grant

    My Fiancee has her partner application in process (submitted in sydney, 9th feb) and we have plans for a wedding in Peru early March 2012.
    She wanted to go home early december so she could share christmas with her family then stay to organise the wedding, me joining her in late February, ultimately returning in eary april after our honeymoon.
    However, the processing delay continues to increase and now we’re being told 12 months or more, late January February kind of thing, so it seems unlikely the temporary visa is likely to come through in time.

    Thus we’ll need a BVB, which presents three significant questions…
    1: how hard is it to get a 6 month BVB and would wedding/family be sufficient reason? Most information points at 3 month BVB’s, which would torpedo any christmas plans.
    2: what information do we need to present to support our BVB application?
    3: what happens if she/we are overseas when they finally dig our application out of the pile? Do we have to break off everything and get home, or make sure we ARE home, or can we just schedule any interview/assessment for after we return…or something else?

    Thank you for your time

    Hugh n Victoria

    • Immigration Pty Ltd

      Dear Hugh & Victoria
      Yes the processing times seem to be getting longer.
      My first thought, provided the Partner application you submitted is complete (all the basics), well documented (with evidence of your relationship) and has all the necessary police and medical checks completed and included – so in DIAC terms it would be decision ready – would be to contact the case officer and try to discuss your predicament. If they cannot process it in time for you to head off to Peru then they will usually allow the grant the BVB for the longer period when they are contacted by the officer processing the BVB application. They will make a file note so that even if they are on leave someone looking at the file will understand the situation. So this will either get them moving for you or lay the ground work for the longer BVB application to be approved.
      Yes 3 months or shorter is the standard BVB but they grant plenty of longer ones. Your reason for travel is ‘substantial’ so that’s fine. The major stumbling block to longer BVBs is that the applicant ends up being o/s when DIAC need them to be here to grant the visa. It’s a real pain for them, and a major waste of time which then slows down all other applications to have to find the applicant and get them to return.
      Grant Williams

  29. Hi Grant,

    My question is not about Bridging visa but will really appreciate if you could provide help with this.Recently I contacted immigration office about the status of my application for 885. They told me that they are doing external reference checking, which I assume to be police check. They also mentioned that an officer has already been assigned to process my application. I wonder how long this checking might take and also how long it might usually take after that to get residency. Now I know they are processing but don’t know how I should wait.

    Thank you in advance.
    Hooran

    • Immigration Pty Ltd

      Dear Hooran You are probably correct, external checks tend to be character related unless you’ve provided work experience references which they also check or foreign qualifications which likewise get verified from the awarding institution via the unique number on the degree or diploma. In terms of time these checks, and this will depend on what they are checking take a couple of months (2 months for character). After the checks are complete it will depend on the complexity of the other case factors like medicals. However if all is OK they do their best to process applications quickly once they are ready for grant. In the end all you can do is wait for them there is no way to speed them along. No one can tell you exactly how long. Grant Williams

  30. Hi Sir,

    Iam hoping you can answer some of my questions. Im holding BVA for 2 months now as i have pending 485. They said it will be long wait up to 12 months. I’m currently in defacto relationship with my aussie partner for over a year. I know i can’t apply onshore as i don’t have valid subst. visa and have no compelling reasons.

    – Can i apply 309/100 while holding bv and while my 309 visa processing I’m re-entering australia with my bvb?
    – i have made a phone call they said its fine as long as i meet all the criteria which i have all the docs ready to go. I just need to withdraw my pending application once i get my new visa granted. Do u think this is true? because i have bad experience with immi staff’s advice.
    – i know i have to be outside australia for the visa to be granted. Can i write in my statement that i will be in australia when my 309/100 visa processing offshore and ask the CO inform me in the future when my visa ready to be granted so i can go offshore immediately?

    Thank you sir,

    MK

    • Immigration Pty Ltd

      Dear MK
      Yes it is fine to lodge the 309/100 o/s by travelling out on a BVB and then returning on the BVB. You wait in Australia while it’s processed and have to depart again to get the visa granted. You then withdraw the 485 (you will lose the DIAC fee). DIAC will realise you are onshore and give you the opportunity to depart for the visa grant but by all means make this clear in your cover letter to the application. All good.
      Grant Williams

  31. Damian Robertson

    Hi there,

    Just a quick question re bridging visa B. My partner and I are looking to travel to NZ for a period of 10 days in November. We have already submitted our defacto visa, and at this stage have not heard back from them. My question is related to the valid reason for travel. We wanted to celebrate my recent graduation from university, as well as scout out possible locations for our wedding in the future (although we are not yet engaged, and immi know this). Would this be a valid reason for a bridging B visa, as its only a short period of time. Also is there any difference in handing the application in person as opposed to posting it in… would they be more likely to disapprove it if they receive it via post? Thanks so much for your advice.

    Damian

    • Immigration Pty Ltd

      Dear Damian,
      Use the wedding planning as the reason for the application for the BVB. If you make the application person they will generally process it on the spot and you’ll have the visa in the passport. Take the airline booking with you and if possible something showing where you plan to make enquiries.
      Grant Williams

  32. Hi Damien,

    This is a great resource of information you are sharing, thank you!

    RE: BVB.

    This morning in Melbourne my partner and I submitted our Partner visa application with no dramas.

    The applicant was issued the BVA on the spot which will commence in a few days.

    We also asked about Bridging Visa B (BVB). We were told (and i asked a number of times) that when you apply and are granted a BVB, you are on the same working rights as BVA, and you can leave the country for the trip in question (or multiple? I didn’t ask this).

    Upon returning to Australia, you will remain on BVB with the same work working conditions as issued with BVA.

    We were told you don’t need to reapply for BVA.

    However your saying there is an expiry on BVB and before it expires, you must apply back to the BVA? Correct?

    Matt

    • Immigration Pty Ltd

      It’s Grant
      And yes it is a sensible precaution to reapply for BVA. Much better than remianing on a expired visa. It’s easy and free – Just do it. I do for all my clients.
      Grant Williams

      • Hi Grant (sorry I meant to address the comment to you, my fingers obviously didn’t!!).

        Thanks for the heads up, we’ll follow your advice.

        Keep up the great posts!

  33. I am the secondary applicant , my wife , she ia a nurse , she studied here for 2 years diploma in community welfare , we lodge 485 in 2009 and got the refusal for that visa , our lawyer admitted his mistake that he didnt submitted one of my document. we lodge the MRT . NOW , my wife getting a sponser in nursing profession ,they lodge for the employer nomination , can we withdraw the MRT application or , do we have any other option .
    is there any possibility that the immigration dept . can remove section 48 bar form the case ..or no..
    is their any way , that MRT can take a early decision..

    also , How can we check with the immigration dept. about the application for the employer nomination progress.
    one more thing , if she could find regional sponser in nursing , would it will be any help..

    • Immigration Pty Ltd

      Dear Kash
      Your wife has already spoken to me on the phone. Perhaps you need to compare notes.
      No the s48 bar can’t be waived.
      The MRT has priority processing guidelines – your case would not qualify.
      As with all DIAC applications they tell you specifically not to bother them.
      Regional generally get higher priority but all ENS is fairly rapid.
      Grant Williams

  34. thanks for the reply ..
    just one thing…can we withdraw the MRT case or not…

    • Immigration Pty Ltd

      Yes but you should not do that until you get another visa and if you withdraw you lose your application fee. So in some instances, if the case is strong it’s best to continue, win, get your money back and then withdraw the visa application that is remitted to DIAC. Grant Williams

  35. Hi Grant.
    We’ve been through the mill today with Immigration in Perth trying to establish whether we can apply for an Aged Parent Visa (804) whilst here in Australia. Having sorted that out in the affirmative and the fact that we should be issued with a BVA automatically whist we wait the 20 years or so for a decision, because of the long wait (not our fault), we are faced with having to apply for a BVB so that we can leave Australia from time to time in order to visit family and friends overseas. Our view is that we cannot be expected remain in Australia for the time it takes to process our application but the law really seems to think otherwise.
    Do you feel we will have problems being granted the BVB in view of the time scales because our alternative course of action would be to forget the application for the 804 and revert to an e-visitor visa as before.

    • Immigration Pty Ltd

      Hi Peter
      Welcome the the world of Australian immigration. In your case however it’s basically good news, at least on the BVB front. DIAC will be quite OK with ongoing BVB applications they do appreciate that the current waiting time for an Aged Parent visa is greater than the projected life span of most applicants.
      You need a substantial reason. We’re off to visit our family in where ever should do.
      Enjoy!
      Grant Williams

      • Thanks for that Grant..it is most welcome and reassuring.
        Peter

      • Hi Grant.
        I believe my wife and myself (over 65) who have a son who has been resident here for more than two years and who pass the balance of family condition,can apply for an Aged Parent Visa class 804 whilst we are here in Australia on an E-Visitor 651 Visa which does not have an 8503 condition on it.
        Is that your understanding also.

        Peter

      • Immigration Pty Ltd

        Hi again, Yes – the criteria are quite simple – have an eligible sponsor (settled APR or AC), be the parent of that sponsor, one parent needs to be over 65 at time of decision on the visa, meet the balance of family criterion and have no bar on your current visa to an onshore application. Bingo! Grant Williams

      • Thanks again Grant . Your service and advice is invaluable. Many thanks on behalf of all your applicants and of course myself…Peter

      • Hi Grant.
        As a follow up from your post on the 3rd November, I have now submitted our Parent Visa Application together with the $2960 fee which was taken from a credit card last Friday the 11th November.
        Do you know how long the initial appraisal normally takes before preliminary acceptance and the issue of the BVA if successful please.
        Peter

      • Immigration Pty Ltd

        Hi Peter That part is quite fast, not a word you can usually use in the same sentence as immigration. However normally once they’ve taken the money they grant the BVA and send you a registered letter. It’s the next bit, being queued that takes a long time and then the real wait starts. Grant Williams

  36. matthew.j.wall@gmail.com

    Hi Grant

    We submitted our “decision ready” 820/801 application in Melbourne on the 25th October. Three days later we received about half (about 150 pages) of our evidence in the mail with an official letter explaining that our ‘original’ documentation has been returned and sample copies were taken.

    Does this suggest our application is being looked at? Or is this standard practice when you submit a visa to eliminate paperwork that isn’t required?

    Interested to hear your thoughts.

    Take care and keep up the great service you provide!

    MJ

    • Immigration Pty Ltd

      Hi Matthew
      That’s interesting. It has never happened to me although I’ve heard stories of overseas posts not wanting to accept relationship evidence.
      May depend on how much storage they have but it’s certainly not a bad sign. Clearly someone has looked at it – however don’t assume that they are actually processing it yet. Let’s hope so.
      Processing of partner applications is odd – some seem to pop out very quickly while others seem to languish – this when they are basiclly identical.
      Grant Williams

  37. Hi Grant,
    I’m wondering if you know something about paid parental leave in bridging visas. I’m in bridging visa A after applying for 820 visa in february this year. We’re having a baby at the end of this year and I’m not sure if I’m eligible. I was told an answer for the visa would be 6 months and now it’s been 9!
    Can you offer any advice? Thanks very much.
    Maria

    • Immigration Pty Ltd

      Hi Maria
      Have a look at the Social Security Declaration you signed on the Form 47SP when you lodged your application. You are not eligible for social security for 2 years from the grant of your PR (Not TR) visa. Your Australian partner will be eligible though!
      Grant Williams

  38. Dear Grant,

    I am currently in an very urgent and difficult situation, because my Bridging visa B has expired and I terribly stuck in New Zealand now!

    I applied for subclass485 in April, 2011 and was granted a Bridging visa A after submission. Then, I went back to China in June this year and I changed the visa to Bridging visa B. I stayed in China for 2 months, and came back in August, 2011. After my arrival, I came to Australian Immigration office in Melbourne just before my visa expired to change the Bridging visa B to A, but the officer, a young lady said there was no need to change it back to Bridging visa A and advised me to remain the Bridging visa B, also she did neither indicate the expiration of this visa nor let me know the need of applying for a new Bridging visa B for other overseas travel. I am only a student and don’t know too much about the immigration law; therefore, I thought it was still valid for my other overseas travel.

    On 1st, November, 2011, I travelled to New Zealand for only 5 days; however, on 6th, Nov, the airport staff refused to let me board the flight and said my visa has expired. Then I just realized that I needed to apply for another Bridging visa B before my second travel, but it was too late.
    I didn’t mean to do so, this has been a genuine mistake and I would not have left the country had I known this would be the consequence.As long as I am aware of my visa stipulations, I have always complied with the visa conditions.

    DIAC in Melbourne advised me to apply for a Tourist Visa from Auckland. Then, I have three days ago spoken with an officer at the Australian Consulate in Auckland he has in fact made me aware that without notification from Immigration Australia confirming that I have satisfied the criteria for the 485 application complete with police check, medical check, academic results, IELTS results and CPA acknowledgement which I all submitted in April, 2011 that he will be unable to grant me entry back to Australia on any visa.

    He has also informed me that under guidelines stipulated by Immigration Australia, when applying for a 485 which is in this case they cannot process a Tourist Visa as it is a considered risk that I would unlawfully overstay my visa if not successfully granted TR. They have informed me that only way a Tourist Visa will be granted is upon an email, call or a written document letter of support on whether I have satisfied the criteria 485 application.

    But DIAC in Australia said they won’t issue such a ducument to me because my case hasn’t allocated to a specific case officer yet, and checking whether I am satisfied with the criteria is part of the processing. They asked me to apply for a tourist visa to come back and they don’t understand why Auckland don’t grant it to me.

    Hi Grant,Please help me!
    I have enrolled on a Skilled Migration Internship Program in August, 2011,which will finish in June, next year. Moreover, I leased an apartment for 6 months from October to April,2012. I have been living in Melbourne for 2 and half years, and I now consider she my home. I have also bought an apartment in Melbourne and I am currently in dispute with the vendor regarding a defect on this property, I really need to resolve as soon as possible with my solicitor who is about to issue a court proceeding regarding this matter. My entire life is in Australia I have found this all incredibly distressing that I am facing the idea of not being able to return due to the expiration of the initial bridging visa, an unintentional mistake which could have so easily been avoided.

    Please can you urgently advise me of the next steps I should do in order to return to Australia.

    I am in the most difficult situation and await your assistance to resolve this.

    my email address: carrie0302@163.com
    Thank you so much!!
    Best regards
    Carrie

    • Immigration Pty Ltd

      Dear Carrie
      First there is no quick fix to your problem. Your situation highlights one of the reasons to always get your BVA re-granted after a BVB grant and overseas travel. You would not have done this to yourself had you been on a BVA as you’d have realised you needed a new BVB to travel.. Next the BVB you were granted would have had a visa label in your passport and the label clearly indicates an expiry date. I always think it is very mean when officers allow expired BVB holders to depart without pointing their situation out to them but that’s what they do. They say it’s your decision and of course it is.
      You’re not the first person to make this mistake and you won’t be the last.
      Obviously you need to get back to Australia and then make an application on Form 1005 to have a BVA granted in relation to your 485 visa application. The reason you have been given “they cannot process a Tourist Visa as it is a considered risk that I would unlawfully overstay my visa if not successfully granted TR.”- if you are reporting it correctly is just rubbish as you can get your BVA back when you return – it will cut in again as soon as your visitor visa expires.
      What to do?
      It seems that DIAC NZ is not willing to help. You could try to get an appointment to see a more senior officer the Senior Migration Officer or Principal Migration Officer would be the best bet as they outrank all the other in the section. Explain your situation – crying if you can manage it on cue always helps (it’s true!). Say you have had advice that you can reapply for your BVA as soon as you arrive in Australia and that the notion that you would overstay if TR is not granted on 485 has not changed from the original BVA grant. Your current situation does not change what you might do if DIAC decide to refuse your 485 in the future. Don’t tell them all about the property you’ve purchased and the legal issues with it. They won’t feel sorry for you and it’s possible to argue that you should not be doing that anyway from TR. Equally they might just see you as spoilt and rich person and that won’t help. Anyway it’s not relevant to your problem. If you can get the SMO/PMO’s support you will get the VV. Problem solved.
      If that does not work don’t apply in NZ at all. Leave – go to PRC and start again. you really only want to do this VV application once successfully.
      If you have an agent/lawyer in Australia you can get them to try to get the 485 processing team to dig out your 485 application and help with the letter. No one will do this for free for you it’s a major pain in the rear end and much harder than it sounds to get them to help. They have no motivation to fix a problem you’ve created for yourself.
      Don’t try and blame DIAC officers for not telling you stuff about your BVB – that will only annoy whoever you’re talking to. This is your mistake. Take responsibility for it and ask for their help and assistance. You may have to do a little grovelling (and crying).
      Grant Williams.

  39. i am on bridging visa a. i am going on holidays on bridging visa b. i had to delay my travel because of some ersonal reason. after 10 days on geting my bridging visa b as i have still not travelled an i am since in australia, i received a letter from medicare saying that my permission to work is been widthdrawn by the diac. and i am not elidgible to claim any medicare benefits

    • Immigration Pty Ltd

      Dear Joanita
      Can’t see a question here. Observation: These are separate problems. Why was work permission withdrawn? Have you made more than one application. Other things being equal if your BVB is still valid (has not expired) you can still use it just remember to come back before it expires.
      Grant Williams

  40. Thank you so much for your reply Grant, I will try it agin tomorrow in NZ consulate. Thanks so much for your professional advices! I will let you know the outcome.

  41. Hi Grant,
    if the DIAC in NZ still doesn’t help, can I post my passport to Australia or China to apply for a tourist visa? Becaseu Australia asked me to apply for it, just NZ doesn’t want to grant. Also, I called China and they say they are able to grant; but I didn’t say that I wasn’t in the country. i am not sure it’s legal or not.
    Thank you again.

  42. Hi Grant, you know what? this morning the DIAC in Auckland called me to go to their office! and said that their manager agreed to grant me the tourist visa! now I have got the visa! oh, Thank God! and there is no 8301(no further stay) on the label, and he also told me to change it to Bridging visa A once I arrived Australia. Thank you very much for your hlep. I think the cry really worked, on Thursday last week. lol… Thank you for your advice.

  43. Hi Grant, Great work!!!
    I am in worst situation, I finished my PhD a year ago, short of 5 points, multiple efforts for IELTS- no success. Applied for TR 485 visa before 8 months.
    No job since a year, family of 3, wife working part time.
    I have no hope for getting TR in near future. we are on bridging visa B.
    Moreover, my wife is pregnant so even for TR medical examination need to be postponed til delivery. So in short we stuck for another 9-months for waiting TR.
    My question—- At the moment I need 5 points. Can I return to my country, breaking/breaching BVB attempt IELTS and apply offshore (175 visa)?
    Will it affect my PR visa in future?
    Sorry for long post.
    Thanks for reply in advance.

    • Immigration Pty Ltd

      Dear Tauk
      You say you are on a BVB. This means you had a BVA and then applied to trvel? Is this correct?
      If this is the case why not just apply for another BVB to travel, do the test and return?
      Grant Williams

  44. Thanks Grant for a quick reply.
    Yes we went In May 2011 to visit our family.
    It’s difficult to manage family of 3 with less/no job here. Therefore I was thinking to go for long term.
    I already have 3 years and 2 months exp as research scientist. If I continue same job I could get 5 points for overseas job exp. In this case no need to sit for IELTS test.
    To me it seems to apply offshore, most probably 175 visa or state sponsor visa. What you reckon?
    Thanks again.

    • Immigration Pty Ltd

      Dear Tauk This comes down to your judgement call. It’s not really migration advice as your decision is more based on the survival of your family. Just remember that from 1 July 2012 the new SkillSelect / Expressions of Interest system begins and that could well mean that DIAC will not be interested in your application as they must then invite you to apply. Food for thought Grant Williams

  45. Thank you very much Grant.
    I appreciate it.

  46. Hello Grant,
    I have got a question. I’m in Melbourne. My 485 will expire in the next 10 days. I have been accepted into University of Melbourne to do Masters in Teaching(Early Childhood) and I have my Ecoe with me. I was trying to lodge in my student visa application online but it got refused stating that I do not have a pre-requisite valid visa to use the system and asked me to contact the nearest DIAC.I know that I do not have much time. Now that I have completed the paper form and planning to send it in first thing tomorrow morning through courier. Can you please tell me how long does it take for them to grant me a bridging visa if its a paper lodgement? Just to make sure that my current visa would not expire before they put me onto a bridging visa. For your information, I’m from Malaysia(assessment level 1).

    • Immigration Pty Ltd

      Dear Sharms
      No simple answer. Usually if you point out in your cover letter that your current visa is about to expire they will grant the BV beofre that happens.
      Grant Williams

  47. Hi Grant,

    What a blog…it’s really great and helpful.. I’ve got some question. So, me and my wife are under Protection Visa at the moment and we already reached a stage where the Refugee Review Tribunal have decided to affirm the DIAC decision to refuse to grant us the Protection Visa. We now have until 20 December 2011 to remain lawful and we have the option to write to the Minister (we are under BVA). But, my wife’s company is willing to sponsor her. She works as a Sales and Marketing Manager (has been working there for 9 months now) and the company also gives him good yearly package that makes her eligible for the 457 visa. So, it’s sort of our plan to try to get an Agent to help us assist with this application, and I’ll be the secondary applicant.

    My questions are: (I hope you don’t mind me asking some)

    1. Can we apply 457 visa when we have our Protection Visa refused, though we are still under valid BVA?

    2. Can we apply 457 within Australia?

    3. Should my wife have skills, qualifications, experience & employment background which MATCH those required for the position? What if they don’t match? My wife used to be a Vice Principal & teacher in Elementary School for 3 years back in our country, Indonesia.

    Thank you very much for your input, really appreciate it.

    • Immigration Pty Ltd

      Dear Lukas
      Your questions.
      1. Any onshore visa refusal places a section 48 bar on future onshore applications. It may be possible to depart and lodge the application then return on the 457 visa. Someone needs to look closely at the Refugee application you’ve lodged first though as it may impact from a character point of view.
      2.NO as explained above. The actual application is lodged and processed in Australia but the applicant must be o/seas.
      3. YES. You must have the qualifications and experience to match the Nominated position as per ANZSCO.
      Grant Williams

  48. Hi Grant, thanks a lot for the information.. I read in ‘about’ section that you are based in Sydney, but do you assist applicants living in Melbourne, like me? For instance do you suggest if I go forward to write to the Minister, and if i should, will you be able to help with that? I understand you have to look closely at my Refugee application and assess whether a strong case could be put to Minister’s attention.. and should I apply bridging visa before or after I write to the minister? Thank you Grant!

    • Immigration Pty Ltd

      Hi Lukas

      Yes I have clients in Melbourne. It is very difficult for me to assess whether a Ministerial request has nay chance of success as I have no information. Process is usually write to the Minister. This then goes on the system. Once they can see it’s there they can grant a BV when you apply for it. Grant Williams

  49. Hi Everyone……..I hope you are all in good.

    I searching about weather I can apply for ENS ( Parmanent visas) while I am on bridging visa subclass WB 020. Also says applicant – primary, status – in effect, period of stay – Indefinite.

    I got many information about this here…….so i would love to give thanks all of you.

  50. Hi all …..

    How are you? Can anyone please help me to find out weather I can work fulltime in Australia? In my entitlement details no where mention about work. I apply for one job they told me you are entitle for fulltime when they checked on online. But I am confused.

    again i am mentioning about ENS. Please anyone can help me by giving some information weather I can apply for ENS while I am on bridging visa, subclass – WB 020, . Currently I am waiting for MRT review since june 2010.

    I would be apreciate your help.

    Myin

    • Immigration Pty Ltd

      Dear Myin
      Applying from a BV is difficult and ENS applications are very complicated. Probably means you’d have to travel O/seas at the time the application was lodged onshore on a BVB and then return.
      May depend on why you’re on a BV.
      You should not attempt this without good professional help.
      Grant Williams

  51. hi .
    i went through most of the comments n your solution and i highly appreciate it. i do have some ongoing problems which i would like to put on infront of you,
    i’m on mrt on my current position , i’ve travelled twice back home on my past 6mnths .and on 13th of may 2011 i got married . while i was on my mrt , n since it was a ritual marriage back home n i didnt bother to inform to tribunal about my marital status.
    so on my case am i allowed to bring my spouse her in australia in any visas.
    sincerly
    mj

    • Immigration Pty Ltd

      Dear Manose,
      No they will not allow a new partner to come while your on a BV for the MRT.
      If your spouse does get a visa of some sort to come and you don’t declare the relationship and then later try for some other application DIAC can then refuse as you’ve lied to them. New 4020 Public Interest Criterion will catch out many applicants who think they can smooth out the lie next time around. Won’t work any more.

  52. Dear Grant Williams
    Thanks for your help. I did travel overseas while i am in Bridging visas, so I think still it’s showing BVB. Anyway can you tell me anyone who is good in this case. Because I have been to some people all are different then others.

    I have been to immigration for that, they said they are not allow to give such information.

    Thanks always.
    Myin

  53. Hi Grant,

    I hope you can answer my question.
    I have applied for 485 in September and I’m currently on BVA. As it is known it takes more than 12 months to grant it.

    I see from your post that “A BVA ceases when the visa holder leaves Australia.”
    Does that mean the 485 application is still being processed, even after I leave Australia?

    If yes, then
    I want to know if it is possible to leave Australia and come back later (around the time when case officer will be assigned to my case) on tourist visa and 1) wait for 485 decision or 2) Reapply for BVA?

    To sum up – is there an option to leave now and come back before/after 485 is granted (probably after 12 months) on tourist visa?

    Thank you!
    Tom

    • Immigration Pty Ltd

      Dear Tom
      You must be in Australia when the 485 visa is granted. You can travel out of Australia on a BVB which is granted from your BVA. I guess the scenario you sketch out is possible but what if they won’t give you a visitor visa? It’s a risk and it may depend on which country you come from as it’s easier to get a Visitor visa from some. Does not sound like a great idea to me.
      Grant Williams

      • I don’t think there would be a problem getting tourist visa. My country is on the list for eVisitors (Subclass 651).
        What I have heard from friends, the longest has been 2 weeks to get tourist visa, shortest 24h.

        So generally if there is no problems with tourist visa, that would be a possible solution?

        Another question if I apply for BVB but come back after it ceases on tourist visa. Is there a way to reapply for BVA?

        Thanks!

      • Immigration Pty Ltd

        Dear Tom If you have an application lodged as you do and you depart and then return legally before your application has been decided you can reapply for the BVA. WE see many people who have left on BV’s and cannot get back. I was discussing exactly that case with a man now trpped o/s just this morning. Again I say it’s a risk – your call I guess. An ETA is not an automatic process – the fundamenatl criterion is that you must be a *genuine visitor*. A genuine temporary entrant. Grant Williams

  54. Hi Grant
    Thank you for your information and all the answers in this blog!
    Currently i have Bridging my 485 visa. Last time i went home was Jan. 2011 and back to Australia in March 2011. I am planning to go in mid January 2012 again. Visit family will be good enough? or i should go on a business trip? and use some extra days to visit my family?

    Thanks! :)

    • Immigration Pty Ltd

      Dear Yvonne
      generally visiting your family will be a sufficient reason as you’re on a BVA for a 485 application. If you can combine some work related reason to travel it will help. Basically the only reason they would then refuse would be if you’re 485 visa was with a case officer and being currently processed. Currently taking about 18 months to get a 485 visa finalised t give you some idea.
      Grant Williams

  55. Dear Grant
    Thank you for your prompt response! I have one more question, If i want to go overseas on Jan.18.12, when should i go to immigration department to get the BVB done?

    Thank you!

    • Immigration Pty Ltd

      DIAC will generally only process a BVB application on the spot within two weeks of your proposed departure date. Having said that they are inconsistent and I hear plenty of cases where that rule of thumb is not applied. I’d go in 10 to 12 days before you travel with evidence of your booking. Grant Williams

  56. dear grant
    Im in a bridging visa A for 485 and I have got an employer to sponsor for ENS. can you please help in this case that if i can lodge the application onshore or do i have to lodge it offshore and would like to know that if the employer is willing to sponsor for ENS but i currently hold a bridging A am i eligible to to get an ENS .if yes than what will be the procedures for that if no than what should i be doing then please can you help with my problems it’ll be so kind of you thank you.

    • Immigration Pty Ltd

      Dear Cimon
      If you’ve been on the BVA for more than 28 days you will probably have to be offshore to lodge the application. ENS are complex applications and this is not the place to sort all that out for free I;m afraid. You must get professional help to determine if you are eligible to apply for an ENS visa. It is not that simple and your situation needs to be carefully assessed.
      Grant Williams

  57. Hello Sir,
    I have a bridging visa to 485 visa after completing my diploma. I got positive provisional skill assessment. I ve been working in the related field for 8 months as a permanent full time employee but I think it won’t counted as I am on bridging visa. My employer want to sponsor me. Should I apply ENS onshore or offshore? How can I go about it? Do I have to go offshore to apply offshore? Please help me with your suggestion.
    Thank you
    Era

    • Immigration Pty Ltd

      Dear Era
      I doubt you can apply onshore as you’re on a BVA most likely for more than 28 days. There are eligibility rules to be able to apply for ENS – for example one pathway is a successful skills assessment plus 3 years relevant recent work experience. I do not have the time to go over all this here nor is that the purpose of this BLOG. You need to seek professional assistance to a) determine if you are eligible for ENS and more importantly b) if your employer is eligible to apply fro Nomination approval under the ENS system. You can do this on your own!
      Grant Williams

  58. hello Grant!

    so i went to the DIAC city office yesterday and was granted a bridging B visa (although on my visa label it reads CLASS WB BRIDGING P) for my trip to NZ. I didn’t take a notice of the details on this visa until now and i am all confused. To begin with, there is a warning on my label says ‘ you are not permitted to reenter australia if the 28 day period expires before 29 Jan 2012. Visa permits you to remain in australia until 28 days after notification of the primary decision or decision by a review authority or remittal or withdrawal of your application in respect of receipt No AD9**********46. you cannot reenter australia after the expire of the 28 day period’
    I understand the ‘must not arrive after 29 Jan12′ part, but the 28 day period? in what event will it even expire before 29 Jan12? Second, it seems like this visa expires 28 days after 29 Jan 2012 but the officer who granted me the visa told me not to reapply for a bridging visa A after i come back from my holiday overseas. if I fly out of australia now and come back on 29 Jan would I be refused to enter?

    sorry for flooding you with so many questions but I would really appreciate your advise.

    • Immigration Pty Ltd

      Dear Yvonne Your BVB expires on 29 Jan 2012. If you try to reenter after that they will not let you travel. Simple as that. The 28 day thing is all about the visa application you have made or application for review that has generated your BVA. I disagree with this DIAC officer I tell all my clients to reapply for their BVA upon return to Australia by post – if you front up they always argue about it. If you do not you are here on a expired visa which has implications and even the DIAC form supplied for this purpose states that you should reapply. Use form 1005 and post it in NO CHARGE applies. Most DIAC officers are not qualified in migration law they just work for immigration. There is a big difference. If you work for a doctor you’re not a doctor! Grant Williams

  59. Hi Grant,

    I came across your blog through my search for bridging B cancellation. I applied for a bridging B for travel a week ago and I was granted one.
    Now my travel plan has been changed that I don’t need to travel out of Australia while awaiting for my GSM 885 visa application to be processed. I am wondering though, should I inform DiAc about my change of traveling plan? Would It be better to volunteerly cancel my bridging B and get back to bridging visa A?

    I greatly appreciate your advice.

    Best,

    Akiko

    • Immigration Pty Ltd

      Dear Akiko
      Just let the BVB expire and then apply again for the BVa using form 1005. Post this to DIAC as they usually tell you it is not necessary. Better to go back to BVA as soon as the BVB expires.
      Grant Williams

  60. Hi Grant,
    I am on BV A,i am waiting for my TR application outcome unfortunately i couldn’t submit required documents so i want to withdraw it after applying for spouse visa if possible can I do that ?

    • Immigration Pty Ltd

      Grant is away see the last post on the Blog

    • Immigration Pty Ltd

      Dear Naren
      You need to get someone professionally competent to look at your case before you do anything. I know it seems simple but it is not. I cannot say from the very brief info you have given me.
      Grant Williams

  61. Hello Grant, and thank you for your wonderful blog.
    At the moment my partner and I, have already applied on a defacto relationship. I have sponsored her as I’m an Australian citizen and she is on a working holiday visa. We proved our 5 year relationship, no worries about that. (i believe)
    She has got the BVA which we are aware will take effect when the working holiday expires. My question is will she be able to go back to work with the same employer that she was already working for 6 months.(6 month limitation with the same employer). The employer is happy to hire her again.
    Also, how do we prove the employer that she is on BVA? By showing him the Acknowledgement of partner visa application we received in the mail?
    Thanks

    • Immigration Pty Ltd

      Grant is away see the last post on the Blog

    • Immigration Pty Ltd

      Hi Mike
      I’ve been away hence the slow reply.
      Yes once the BVA cuts in she can work for the same employer. There’s some differing opinion on this but basically the 6 month period resets with the BVA.
      The letter you gets tells you a BVA has been granted in the fine print.
      Also go onto the DIAC VEVO site and it will show the BVA which you can then print out
      Grant Williams

  62. Hello Grant,thanks for your informative advices.I was going thro’ you blogs they are very helpful.I got a question for my friend;he graduated with degree then instead of applying for class 485 or 885,decided to apply for another student visa class 572;he consulted agent and adviced to apply for 485 while still on student visa and he can withdraw from school.Bridging visa granted.He visited DIAC sometimes back as wanted to change his visa to Bridging B for travel and was told he visa can travel as student visa still ineffect but written Non compliance.Can he travel oversea or what is the worse case scenario if he travels?

    • Immigration Pty Ltd

      Dear Pam
      This is a little confused. If your friend still holds a valid student visa he must meet the conditions of that visa. You can travel on a student visa but you must also still meet attendance and course requirements. DIAC will have granted a BVA for the 485 application but this will only come into effect as your friends visa once the Student visa expires. If your friend travels during term time without written approval from the college they may well attempt to report this non-compliance to DIAC.
      Grant Williams

  63. Hello Grant, I applied for 485 graduate visa and granted bridging visa A but when I left Australia, I forgot to change my BVA to BVB. What is the possibility of going back to Australia and If I can get a substatve visa to re-enter Australia, will DIAC grant a BVA to work in Australia till I get my application is processed.

    Thank you.

    Regards,
    Arvind

    • Immigration Pty Ltd

      Dear Arvind
      That was not a good move!
      If you can get back here on a valid visa DIAC will give you your BVA back. It’s getting back that going to be difficult. There is no simple solution. Best bet is to go into the nearest Australian Embassy and ask for an appointment to discuss your situation with a Senior Migration Officer. Sometimes they will help if you can show this was a genuine mistake.
      Grant Williams

  64. Hi,

    Just wanted to share with everyone that I got 12 month BVB with multiple entries. Officer didn’t even ask me any questions. Probably because I have still long time to wait for my 485 visa. I applied for 485 in October, 2011.

    Thanks,
    Tom

  65. Hi Grant,

    Firstly I would like to thank you for supplying us all with such great advice. My situation like many others is quite complex. I am an Australian citizen and my partner is on a BV A whilst waiting for his 485. However, we just received notification that his visa will likely be refused as evidence has been found that his previous employer was dodgy and had supplied a number of migrants with fraudulent documents. TRA has revoked his successful skills assessment. My partner had truthfully fulfilled all requirements but as the employer is now blacklisted all applicants who are linked to him are being refused. TRA are not willing to accept any of the supporting evidence he supplied.
    We had been considering applying for a partner visa and while we satisfy all requirements for the partner visa, it does state that applicants on a non substantive visa cannot apply. It does also state however that compelling reasons can be given for why this should be overlooked. I have a number of health issues and suffer from depression/anxiety and rely on my partner for care and support when unwell. We also have shared debt and any separation would cause me to experience large amount psychological and financial distress.
    We sought legal advice today and were told that we should firstly address the current visa situation (485) and supply as much supporting documentation to the department as we can, and at the same time concede that while he should be granted the visa we will be withdrawing his application on the basis that the TRA are not willing to accept his evidence. At the same time our lawyers will prepare our partner visa application. Does this sound like good advice? And are my financial and health concerns considered compelling reasons?? Thankyou

    • Immigration Pty Ltd

      Dear Kyle
      Yes it sounds like sensible advice on the basis of what you’ve told me. The waiver you’re seeking relates to the Schedule 3 requirements of the Migration Regulations to allow for an onshore Partner application for an applicant on a BV. Your circumstances would seem to meet the waiver requirements provided you cna fully document your conditions and relaiance on your partner. I trust you’ve fully checked out the ‘lawyers’ you have hired.
      Grant Williams

  66. Hi Grant,
    I have to say that this a really good blog for anyone wanting information about the visas. Great work!!
    I just had a couple of questions. I’m currently on a student visa (expiring on 12th March’12) and planning to apply for the 485 by the end of next week. I believe I’ll be on Bridging Visa A after applying for the 485.
    (a) How long does it take for a case officer to be assigned after making the 485 application?
    (b) Are any there any specific deadlines for submitting the medical check once a case officer asks me to undergo them? The reason I asked is I’ll be going out of Australia for a month so what if it comes during that time.

    Cheers,
    Misbah

    • Immigration Pty Ltd

      Hi Misbah
      DIAC are taking quite a while to process these applications – many months. However that’s the past and they are getting through applications faster and faster at the moment.
      Why not just do the medical and then you don’t need to worry.
      Send them the receipt and you can travel without have=ing to worry as they usually only give yu 28 days. Keep it simple!
      Grant Williams

      • Thanks for the advice.
        Just one more thing – As far as the medical test is concerned, which one should I apply for given that I hopefully plan to apply for PR a few months later- Temporary visa medical examinations or Permanent visa medical examinations?

      • Immigration Pty Ltd

        Permanent – tell HSA which visa you are applying for they know the drill Grant Williams

      • Thanks Grant for that.
        Another question just came to my mind about one of the points requirements for 885 visa. Since I’ve done my Masters(completed in Dec’2011), I’m eligible for 15 points. Now if I apply for PR in Dec’12, would I still be able use these 15 points for satisfying the 65 points criteria? Asking you just because I heard from someone that those 15 points are valid only for 6 months from the course completion date.

      • Immigration Pty Ltd

        Dear Misbah You’re confusing two things. The points are for the degree and they will stand – that’s a done deal. The 6 month period is the window to apply open to students to make an onshore application after the completion date of their relevant closely related course that applies to their nominated occupation .This is actually a waiver of the threshold recent work experience requirement (work for 12 out of the last 24 months in your nominated occupation or a closely related occupation”. You can only apply using a Dec 2011completion date by the same date in June 2012. If you apply in Dec 2012 you will need to meet the recent work experience requirement of have completed another relevant degree, diploma or trade certificate that would give you another 6 month window. Grant Williams

  67. Jeonghoon Yoo

    I am so glad that I found this awesome webpage!
    I would very much appreciate it if you could answer my questions.
    Q1. I just graduated from my Associate Degree. At this point, I thought I could apply for either subclass 485 temporary graduate visa and subclass 885 if I get 7.0 on each band of IELTS.
    However, I just realized that in the section of Course requirements on the page of http://www.immi.gov.au/skilled/general-skilled-migration/885/eligibility-aust-study.htm , there is no mention on Associate degree and there is mention on a degree (a bachelor or any higher degree), a diploma, an advanced diploma, and even a trade qualification!
    Obviously, an associate degree is a higher degree than a diploma or a trade qualification. Have you experienced a case in which an overseas graduate with an Australian associate degree satisfied 2 years study requirement and so was given a temporary graduate visa or permanence residence visa?

    If I need to upgrade my associate degree to a bachelor degree, how about I apply for the temporary graduate visa or permanent residence visa now and add my bachelor degree to my immigration application later since the case office will open my application around a year later?
    Ah,,, I am so desperate…
    Best regards,

    • Immigration Pty Ltd

      Dear Jeonghoon Yoo
      Exactly what qualification do you have? From what educational institution?
      I need these details to be able to answer your question. What is your nominated occupation? Do you have any other qualifications (before your Australian studies)?
      Do you have any relevant work experience?
      No you cannot apply and add another qualification later. They assess on the basis of your qualifications at time of application.
      Grant Williams

  68. Thanks for your response. Here are the answers.

    Exactly what qualification do you have? Associate Degree of Information Technology
    From what educational institution? Southern Cross University Coffs Harbour Campus
    What is your nominated occupation? 261312 Developer Programmer
    Do you have any other qualifications (before your Australian studies)? Bacholer Degree in Computer Science Education from Hanyang University in Korea
    Do you have any relevant work experience? only 1 year in Korea.

    I have a successful skill assessment as a developer programmer from ACS. Therefore, I think I am pretty much ready as long as I don’t have a problem with Australian Study Requirement.

    • Immigration Pty Ltd

      OK that all good – This course consists of the first two years of the Bachelor of Information Technology at SCU. It is not the actual Bachelor degree. This of course brings us back to your original question – will DIAC regognise an Associate Degree. As far as I can see from reading this SCU website they see this program as a Foundation course for the actual degree. DIAC requirement is that you have completed a Degree, Diploma or a Trade Certificate etc… This is the first time I’ve come across this and it seems we will need to ask DIAC how they view this course. I’ve just had a quick look and my initial feeling is that the answer is no. Best advice try to speak with someone at the GSM processing centre in Brisbane or Adelaide. If you can’t get through get back to me and I’ll call. I’m not in the office today but I can follow through tomorrow if you get back to me. Grant Williams

  69. Thank for your sincere answer. Fortunately, I just called the immigration and a lady from it said that for some reason, they didn’t put Associate Degree on their website but she also said that on their paper application, an associate degree is one of the degrees accepted. Therefore, it seemed to work out for me for a while. However, another problem has arisen!
    According to the cricos website on http://cricos.deewr.gov.au/Course/CourseDetails.aspx?CourseID=18940 , my course is of 104 weeks and I have applied advanced standings for 2 units out of total of 16 units. In other words, I completed only 14 units in Australia. Doing a simple math, each unit gives me 6.5 weeks and so 14 units account for 91 weeks, which is 1 week short of 92 weeks study requirement.
    Do you think that the immigration would be kind with this 1 week short?
    Ah… I’ll have to spend another desperate day…

    • Immigration Pty Ltd

      That’s an easy one to answer 104*14/16=91 you’re exactly correct. No DIAC will not accept 91. The minimum is 92 weeks. I’d say you will need to take the 2 years into a full bachelor degree. Grant Williams

  70. Hi Grant,
    I am in very odd situation and couldn’t get proper guidance at the time i was applying for 485 visa.Today i come across this site and its a great site just wondering why i came here so late.my case goes like this i have applied for 485 visa on 26 July 2011 as my student visa was expiring on 30 July 2011 before that i have applied for skill assessment with ACS nominating occupation as “Developer Programmer anzsco 261312″ but unfortunately ACS send me the occupation outcome as “computer network and systems engineer anzsco 263111″ after that i contacted the immigration to change my nominated occupation but they said its not possible once application is lodged.so I lodged the fresh application nominating the occupation that i got from ACS now I have both the application with DIAC but when i asked them to withdraw my previous application they said that i have been granted bridging C for my new application and I am currently in Bridging visa A due to previous application.so they suggested me not to withdraw the previous application now i am totally confused what should i do and can i still process my previous application if so what will be my status after my previous application is refused which is pretty obvious due to different occupation outcome from acs.
    waiting for your valuable suggestion in my case.

    • Immigration Pty Ltd

      Dear GRG
      It is by no means certain that your first 485 will be refused. It all depends on the crossover between the two occupations. If the skills sets are closely related DIAC may consider that the visa can be granted.
      The BV situation is normal. If you’re on a BVA and you make a further application they grant you a BVC. BVC is a mush less attractive BV. If they refuse the first application they will still process the second application however you will need to check the conditions on the BVC which will almost certainly no have permission to work. You will need to apply to change this condition if this BVC comes into effect.
      Another thing to consider is going back to ACS and seeing if you can get them to reconsider the initial occupation and reissue the skills assessment.
      GranT Williams

  71. Hi Grant,

    I must admit this is absolutely wonderful blog for anyone seeking information regarding BV’s. Now, I am quite stressed up about my partner’s visa status. I am permanent resident and my partner is on BVA currently waiting for his 886. We have received notification from immigration and believes his visa will likely be refused due to his previous employer being dodgy and didn’t supply information on time.
    We have been living together for 2 years now and in relationship from 4 years. We are getting married n 26/02/2012. Can we apply for a onshore defacto visa and withdraw his 886 file????

    Thanks heaps….

    • Immigration Pty Ltd

      Dear Nav
      Given that you have a long-term relationship the answer is probably yes. This is not simple as you will need to request a waiver of a Migration Regulation in Schedule 3 which normally prevents an onshore application once your partner has been on a BVA for more than 28 days. You should get professional help with this as it does require a knowledge of the requirements to achieve this waiver. Also you have to get the Partner lodged and pull out the 886 before refusal as an onshore refusal will mean you have to also apply to get around a s48 bar relating to another onshore application following an onshore refusal. This is also possible as you have a long-term relationship. Get help!
      Grant Williams

  72. Thanks Grant…..I really appreciate your quick reply…..I did went to agent and her answer was simply NO and then I decided to search online and found your blog which gave me a ray of hope.
    a) Firstly, we have to reply immigration in 28 days which is by 21st feb and then as I said his application is likely to be refused. I am getting married on 26/02/2012. Now, should I reply and wait for few days and apply on marriage basis. Or should I don’t worry to reply immigration, lodge on De facto basis (which is not registered, but as I said we are living together for 2 years and sharing finances & do have evidence for that) before 21st feb, withdraw his 886 and later provide my marriage certificate to make the case more stronger.

    b) Now as you said we can waive Migration Regulation in Schedule 3 with professional help, So once we done this.. This means my partner is switching from BVA to BVA Or will he getting some other bridging visa classes.

    Much appriciated Thanks Nav

    • Immigration Pty Ltd

      Dear Nav You need to buy time so definitely always reply to DIAC. If you’re doing this yourself it’s really hard for me to suggest what to do as I have not seen any of your paperwork. But reply – don’t tell any lies, don’t misrepresent the situation. This is very important! Last time you said you’d been in a relationship for 4 years but living together for 2 years. You need 3 years to have a long term relationship to have a shot at getting Sch 3 waiver. I’d really need to talk to you to ask some questions to see if this will fly. As another agent said NO I’m thinking that they did not see the Sch 3 waiver as a realistic option when looking at all the info. If you apply from a BVA they give a BVC. All complicated stuff and getting way beyond Blog advice. Someone competent needs to see all the paperwork and ask all the necessary questions to determine your options. Grant Williams

      • Hi Grant,

        Thanks so much for the reply. Really appreciate that. I have been to few agents and they have advised me to withdraw my partner’s 886 file, rather than refusal and apply spouse visa offshore as immigration is quite hard with sch 3 in migration regulation. Also, while offshore 309/100 is processing he can come on visitor visa on long-term relationship grounds. Do you think that’s a good idea???

        Also, once his 886 file is withdrawn, he will be having 28 days to depart. So while he’s waiting for depart would I be able to apply for visitor visa for him as a sponsor. He will be anyway offshore as processing time is 6-8 weeks.

        Thanks
        Nav

  73. Hello Grant,

    I’m from Philippines and been here in Australia for the 4th time. All visas I used were tourist visas (2 for 3 months & 2 for 6 months). My partner is an Australian by birth and we are planning to apply for a de facto visa for me on April (in Manila). Do you think all the visas I used as a tourist meet the 12 months de facto relationship they required? And can I apply a tourist visa and de facto visa at the same time? De facto takes up to 6 months of waiting and maybe I can wait for my visa while I am here in Australia.By the way my partner and I are in a genuine relationship for more than 4 years now so hopefully they will grant me a visa.

    Thanks
    Jan

    • Immigration Pty Ltd

      Hi Jan
      Basically that all sounds fine. Usually once you lodge a Partner application in Manila they will not give you another tourist visa as they know you are no longer a genuine visitor. The test for all partner applicants is that of a genuine relationship. This means that the couple must have been living together (co-habiting) for a minimum of 12 months. Where couple live apart they must be able to show why and how they maintain contact while they are not together. Your 12 months on Visitor visas should be just fine and so should all the other time in the 4 years.
      Grant Williams

  74. Hi Grant

    Thanks for the quick reply. My partner and I have a separation usually just for more or less a month when my visa expired and then he just come over to Philippines to visit me and I apply for another new visa again and come back in Australia to be with him. I am not working just him so that’s why we can be together in whole 12 months coz of his work commitments. He have a holiday every 10 weeks from his work that’s the time he went to Philippines to be with me and we can apply for my tourist visas. We have a constants communication emails and calls each day. We had cards for xmas from our friends in his address, I have some medical bills in my name but in his address also, and he applied a credit card for me in my name but in his address are these enough to prove that we are living together?
    How long does it take for de facto visa? Is there any visa I can apply to be here in Australia while waiting for my de facto visa?

    Thanks
    Jan

    • Immigration Pty Ltd

      Dear Jan

      You just need to get an offshore Partner visa lodged and get the process started. Might take 6 to 9 months to process in Manila. Sounds like you have plenty of relationship evidence and you definitely meet the de facto requirement. As I said before DIAC generally won’t grant you a temp visa once you’ve applied for PR via the Partner pathway. You’ve just got to wait it out.

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  75. Hi Grant,
    A real quick question, I applied for 485 on 21/02/2011
    Applied for BVB on 16/03/2011 and came back to Oz after 2 months. I want to go back overseas in July this year, is this possible to get BVB second time as i have already took once. Please Help Me!

    • Immigration Pty Ltd

      Dear Sam
      Yes just apply again as before and have a reason to travel. It’s been almost a year since the last BVB. The only reason that would stop the grant will be if they are about to process your 485 application – if that’s the case they will want you here in Australia
      Grant Williams

  76. hi Grant
    Thanks for everything information you gave us
    I want to ask you about my situation
    I was applied 485 visa on 14 august 2011( ONSHORE) , i got BVA now. I do not think i can get TR, i mean i will get refused from immigration because i can not get IELTS 6.0 at lest.
    my question is if i get REFUSED
    1. after i got refused from 485 application, can i apply for another subclass visa while i have just 28 days to leave AUs as i heard someone said after immigration refused my application, i have to leave australia
    2. Can i apply for 885 visa just to get BVA again to get more time to stay in australia
    3. or Can i apply for student visa to study again
    4. with my situation, can you give me some advise which way is the best way for me to stay in australia, i mean which subclass visa should i apply for

    Thank you for your helping, i am looking forward
    Lee

    • Immigration Pty Ltd

      Dear Lee
      When DIAC refuse an onshore application like your 485 you are subject to s48 of the Migration Act. S48 is a bar on virtually all onshore applications (except Humanitarian applications – refugee). So you’d have to depart to lodge a new application – s48 does not apply to any offshore applications.
      If your 485 is refused you can appeal this decision to the Migration Review Tribunal – you must do this within the strict time frame set down. If you receive your refusal by mail for example the time frame to apply to the MRT is 7 working days from the date on your refusal letter plus 20 calendar days. This. time frame varies according to how the refusal is delivered. DIAC will inform you of this in the refusal letter. If they don’t this is a breach of Migration law. Currently MRT appeals are taking up to 2 years to be heard. You’d stay on whatever BV you currently have with the same conditions over this time.
      Unfortunately once your are refused you can make another onshore application on your own. One exception to this may be if you are in a partner relationship with an Australian citizen or PR. This would however need to be a long-term relationship (3 years). If this applies to you you should seek some good professional migration advice immediately.
      Grant Williams

  77. Hi and many thanks for your time.
    Our visa (495) would have expired on November 2011. So I applied for visa 487 to extend it on 12 August 2011 and we received bridging visa A. After 4 months my husband applied for permanent visa (887) on 14 December 2011 and 3 Feb 2012 we got bridging visa C.
    I wonder to know if we can work in Australia based on our bridging visa A.
    We are so worried. Please guide us.
    Kind regards,
    Mania

    • Immigration Pty Ltd

      Dear Mania
      I’m not sure how the 495 and 487 fit together but as DIAC have accepted your application and granted you a BVA let’s not worry about that for the moment. When you validly make an application from a substantive visa for another visa you are get a BVA. (495 to 487). When you apply from a non-substantive visa (BV) you get a lower level BV (BVA to 887 in your case = BVC). When your 495 visa expired your BVA stepped forward to keep you lawful in Australia. When you applied for 887 and the BVC was granted this new BV sits behind both the 495 and the BVA. The BVC will only come into effect when your BVA expires. Sorry but it is complicated. So in your case your were on 495 – it expired – you are now on BVA and the BVC is in the wings waiting for the BVA to expire. This means that the conditions on your BVA are the ones that apply to you right now. If you had permission to work on the 495 (you did) then you will have the same work rights on your BVA. This will however change when you move onto the BVC and you’ll need to check what conditions are on the BVC. If the BVC does not have work rights you can apply to change the conditions on it (once it comes into force in the future) as you have always been lawful in Australia.
      Grant Williams

  78. Dear Grant,
    Thanks for your answer about my case about.
    by the way i want to ask you some more question.

    If my 485 is REFUSED

    how can to apply MRT( have you got any information to apply for this to Immigration? how is step by step to do it? can you help me to more understand about MRT application ? hows helpful to apply that form and what kind of document do i should to prepare ?

    my husband following my visa ?( i was oversea student ) and he is living in Australia with me now, when i loge 485 subclass visa, i haven’t submit the marriage certificate because i have lost somewhere after move some houses. can i sign again in Australia at any marriage celebrant to submit for Immigration as requirement? I can not go back in my country just get that certificate.

    Thanks
    sakura

    • Immigration Pty Ltd

      Dear Sakura

      For the MRT go to their website it will explain everything and all the forms are available there
      http://www.mrt-rrt.gov.au/
      No you can’t get your marriage certificate issued by someone here. You need to get someone at home to get it reissued for you. Phone, email etc..
      Grant Williams

  79. Hi, I am currently on a bridging visa A after lodging for a 485 visa last year. I would like to apply onshore for a student visa, but the online assessment says I am not eligible. I know that I am at assesment level 1 as I am from Malaysia. Would it be possible to withdraw from the 485 visa and still apply for a student visa onshore?

    • Immigration Pty Ltd

      Dear Kavita
      You’ve been on the BVA for too long that’s why it won’t let you apply. You can study while on the BVA why do you need a student visa? It will be difficult for you to get a student visa now as you have made a GSM based application and from Nov 2011 the student rules changed to requiring applicants to prove they are “genuine temporary entrants” and you have told DIAC your intention is to apply for PR.
      See these posts about the new student system.

      http://immigrationptyltd.wordpress.com/2011/11/22/the-new-student-visa-system-the-foundation-stone-part-1/

      http://immigrationptyltd.wordpress.com/2011/12/22/the-new-student-visa-system-part-2-direction-53/

      Grant Williams

      • Hey Grant,
        The reason for this is that I’ve made a mistake on my original 485 application, I nominated the wrong skill for assessment. If I do withdraw from this visa, how long will it take before I hear back from them and am able to leve the country? Also, would it be possible to immediately apply for an offshore student visa?
        Kavita

      • Immigration Pty Ltd

        Dear Kavita,

        You can leave anytime. If you withdraw a 485 application they usually respond quite rapidly. – a couple of weeks or less and then you BV runs out 28 days from the date they officially shut down the application. The problem with a new offshore student visa will be proving to them that you are a “genuine temporary entrant’ – the new criterion – as you’ve recently lodged a GSM stream application for TR which is associated with a PR application.

        Worth a try I guess.

        Grant Williams

  80. Hello Grant,
    First off, thank you so much for your time and patience with all these queries!! my hat is off to you :)
    I’m in a complicated position. I’ve applied onshore for a defacto visa since my partner is Australian. They are horribly backlogged at the moment and said it would take at least 12 months until they start looking at my application. I was given a bridging visa A and full working permission. However, I would like to study on the meantime and found a great institute to do so. Can I study on the bridging visa A? i came here with my defacto in mind and so arrived here on a tourist visa. I’ve looked everywhere and some people say you can, some say you can’t.
    I would really appreciate the help!!!
    Camila

    • Immigration Pty Ltd

      Dear Camila
      The answer is quite simple and in two parts.
      1. You need to check the conditions placed on your BVA. These were on the letter they sent you when they granted the BVA – acknowledgement letter for the application usually. If they have denied you study rights it will say NO STUDY. If that’s not there go for it. You can also check your visa conditions on DIAC’s VEVO system off the DIAC website http://www.immi.gov.au
      2. If you have a NO STUDY condition you can apply to change the conditions on your BVA. DIAC Form 1005. It’s simple, costs nothing and I for one can see no reason that they would refuse your request.
      Grant Williams

  81. Hello Grant,
    I applied for 485 on 21/02/2011 and the Immigration assigned me a case officer on 3/2/2012. As of now he asked me to provide Skills Assessment for my nominated occupation which is (Commercial Cookery). So what does he really want?. After submitting my documents how long its going to take them to approve my application.

    Thanks Heaps!!!
    Sam

  82. Hi Grant,
    Sorry Grant, I forgot to tell you that I did applied for TRA and got a positive skills assessment. So I am just wondering if this is the document my C/O is after? and how long its going to take to get approval for 485.

  83. Hello Grant,
    I have BVA and student visa pending in MRT. I have also lodged offshore partner visa application. Now my student visa sponsor died recently and have no financial support for further studies. Can I stop studying and work full time. My BVA only permitt me for 20 hrs. Is there any application that I can make to immi saying financial hardship and work full time. If there is something there can you pls tell me which forms i am suppose to fill.

    regards,
    Dave

    • Immigration Pty Ltd

      Dear Dave
      I assume you’ve had a student visa refusal?
      Generally ex-students at the MRT are not required to continue studying and DIAC would view them as out of session from a work perspective so I’m of the view that you should be able to work full-time if you stop studying.
      You can apply to change this 20 hour work condition but I don’t think it’s necessary
      Grant Williams

  84. Hi Grant,
    My student visa application is at the MRT after refusal…am i allowed to work full time.

    • Immigration Pty Ltd

      Dear Kumar
      As it takes so long for student refusals to get a hearing most “students” do not study the whole time. I ale=ways advise a student to complete their studies to the next award level. That depends what you’re studying of course. If you do that then you can validly claim to be out of session and able to work full-time. You will need to be enrolled with valid COE when the MRT come to hear your case.
      Many refused students stop studying and work and as they no longer have a student visa that seems reasonable. You could also attempt to change the conditions on your BV but I’m not sure that this is a good idea as it is reasonable to assume work rights for out of session on the 20 hour limitation.
      Grant Williams

  85. Hello Grant,
    You are doing a fantastic job in helping people online. I think this is the only website which so helpful and reliable.Keep up the good work mate.
    As i have got some more questions to ask please please help me:

    1) Do RSMS needs a fixed salary package from the employer to nominate a chef?
    2) If yes than How much?

    Thanking you

    • Immigration Pty Ltd

      Hi Jerry
      I’m in Sydney so I don’t usually process RSMS. However the RSMS/ENS system has a minimum salary level requirement of $49330. There needs to be a contract and a full-time salary or wage. Minimum 38 hours per week – if a wage usually quoted at hourly rate – so for example $30/hour x 38 hours x 52 weeks = 59280 base gross salary. The salary/wage also needs to incorporate the broad notion of meeting the market salary for the occupation.
      Grant Williams

  86. Hi Grant,

    I am currently on a 457 visa (expiry July 2014). I came here with my Australian-born partner (we’ve been together for 4 years) approx 1.5 years ago (we met while both working overseas). At the time, the 457 was the easiest and quickest option. I am now extremely frustrated at work, and would like to resign and take a couple of months off before looking for a new job. I am compiling my application for the de facto spousal visa, however, given processing times, I understand it could take a while to process.

    Would I be able to apply for a bridging visa A when I lodge my application for the de facto spouse visa? I will have to, in effect, give up my 457 prior too expiry as I will not change employers immediately.

    • Immigration Pty Ltd

      Dear Jackie
      Most people would love to be in your situation – having said that there is a problem. When you lodge the onshore Partner application you automatically get a BVA which will have broadly the same conditions as your 457. You need to check the conditions when it’s granted. However this BVA only starts when your 457 expires in July 2014. Your partner application will have been processed by then of course. If you apply to DIAC to voluntarily cancel your 457 visa a) you become unlawful voluntarily for a short time as the cancellation of the 457 also cancels your BVA, b) you then have to apply for a BVE on the basis that you’ve lodged an application for PR (partner) – this will be granted and should (but may not) come with work permission – if not you’ve then got to apply to change the conditions on the basis of financial hardship, c) Your new BVE is highly restrictive – for example you cannot travel.
      If I were you I’d prepare a perfect Partner application. Get professional help so that the application is decision ready – every possible document included + more than required proof of relationship. DIAC triage applications in the Partner area and if it can be processed immediately they generally oblige. Problem solved. You’ll need advice to make your application decision ready!
      Grant Williams

      • Grant, thank you very much for the sound advice. Can you recommend someone in the Perth area?

      • Immigration Pty Ltd

        Hi Jackie It is always really tricky to make recommendations and it’s not my normal practice as I cannot in any way guarantee what they will do or say. Look for some one who is an Migration Institute of Australia member and who has at least 5 years experience as a registered agent Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • Hi Grant, just wanted to share the great news with you. My partner visa was approved after FOUR DAYS. I followed your advice and made sure my application was “perfect”. Still in a bit of (happy) shock that it was processed so quickly! Thanks again for your blog and good advice. Jackie

      • Immigration Pty Ltd

        Dear Jackie

        Excellent. Well done.

        Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  87. Hi Grant,

    Thanks for all your help online which is helpful to many. My scenario is that, i have a student visa (subclass 574) which expires by march 20. However, I need to travel overseas around 2nd week of March as my wife’s delivery due date is around 3rd week of march. I am applying for an extention to my student visa. Now my problem is, can i travel overseas after my application. I am not sure if they process it sooner. Do you have any suggestions to overcome this issue. If at all they give me a bridging visa A sooner, do they consider my circumstances to convert that in to BVB later i am returning.
    Thanks

    • Immigration Pty Ltd

      Dear Bab
      The only way around this given the dates is to apply for the new student visa asap and hope it is processed before you want to depart. There is no way to bring the BV forward and it will not cut in until after your student visa expires. BVB can only be granted from a BVA onshore.
      Grant Williams

      • Hi Grant, Thanks for the reply. I am going to do the visa application now, but do you think they process it before 20th March, as my friends say, they will just see to it on or just couple of days before the current expiry date. On the other hand, what will happen if i apply for student visa now and leave the country before my current visa expiry date?. Will the DIAC still process the application or they refuse it?.
        The other option what i had was, can I go on “leave of absence” for about 2-3 months and apply for a fresh visa offshore. Does it makes any sense?. My research office told me that i can go on a leave of absence as “birth of my baby” is a compassionate and compelling situation and they will issue me a fresh eCoE. However i am not sure how the immigration people deal this situation. I am so confused as how to proceed further. Thanks

      • Immigration Pty Ltd

        Dear Bab This is all just a case of difficult timing. No they will not hold onto your new student application as you suggest. They just process applications as they come in. If you leave on the current visa and then try to get a new visa you run the risk of an offshore refusal. However that applies to all applications. You’ve got to decide what is the highest priority as there is no simple solution. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  88. hi grant this is bal here just wanted to know if i am holding BVA so can i apply any other visa while staying in australia i have applied for PR in subclass 857 (rsms) because immigration has allready taken 13 months so i dont think immigration gonna approve my application even i have provided all documents can u pls help me if i can apply for any other visa while holding a BVA i will wait for ur answer
    thanks

    • Immigration Pty Ltd

      Dear Bal

      You cannot assume that you will not be approved because of the delay. There are many reasons an application can take time – the primary one being the priority of the application. Once you’ve been on a BV for more than 28 days your options to make any further applications are generally limited by Schedule 3 of the Migrations Regulations. Depending on what application you are considering you should have a professional assessment of the chances before making the application as DIAC will often take an application and your fee knowing full well that it will be rejected on Schedule 3 grounds.

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • thanks to repply grant but if i want to apply offshore while i am on a bridging visa is it still not possible? if yes can u pls let me know whick visa i can apply

      • Immigration Pty Ltd

        Dear Bal None of this affects offshore applications at all. What visa? I’d need to know a lot more about you to be able to offer an opinion and that’s really not what the Blog is for. If you need to get professional advice then I suggest you get some so that whoever it is can look at all your paperwork and then direct you. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • hi grant i am in a mrt can u pls tell if my employer provide all supporet documents to mrt department which are enough for nomination approval so can they approve his review application in couple of months even he asked for priorty as well
        thanks

      • dear grant its bal again my rsms application has been refused the reason was that the case manager was not satisfied that a business need two retail manager for 84 trading hours now i am in a mrt. is it a possible if we provide all supported document to mrt department with review application so they can take decission quickly.because my nomination has been refused so my employer has made a supported letter for me and we have collected many documents which are enough to give a deccission so i just wanted to ask you is there any possibility to grant a nomination in couple of month through mrt.

      • Immigration Pty Ltd

        Your two emails…

        No the MRT will not grant your application priority processing as you do not meet their guidelines. I’m afraid you get to wait tin the queue with all the other MRT applications.

        Grant Williams

      • thanks to reply grant do u got any idea how long mrt will take to open the case and is it a compusary to apply in mrt for nomination as well because i have applied in mrt for my visa so is it neccessary to seperatelly apply for nomination as well thanks for ur great help

      • Immigration Pty Ltd

        Dear Bal If the only reason for refusal was that the Nomination was refused. You should apply to the MRT for the visa refusal and try lodging the Nomination again. Then if the Nomination is approved you inform the MRT and they will remit your application to DIAC on the papers for assessment and you should get 50% of your MRT fee back. This is the best option if it is possible. Having said that I don’t know why the Nomination was refused. Grant Williams

  89. hello grant
    I just going to apply for TR 485 soon, however my police clearance from UK has not arrived. I have not received the letter of confirmation that they have received my application yet. is it ok if i can apply for my TR without this police clearance, I have all documents other than this.
    Thank you

    • Immigration Pty Ltd

      Dear Ajinkya You do not require the foreign police certificate at time of application. So you can lodge without it. Obviously you will need to submit it before the visa can be granted Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  90. Dear Grant,
    Thanks for your great work and invaluable help in immigration issues. I also want to ask you about 485 visa.
    I applied for TR in October 2011 and according to the application process timeline, there is no chance that I’ll get it by the end of this June. Since there is a new immigration system having into effect in 1 July 2012, I am afraid I will not be able to get positive outcome if I submit my application for PR (885) after that date. I know I can apply for 885 while holding Bridging visa within 6 months after my graduation. Unfortunately I have already missed that time. Therefore, I am wondering whether there is any other options to apply for 885 before 1 July if I have already met all requirements (get 65 points), but still wait for 485?
    Thank you in advance,
    Nata

    • Immigration Pty Ltd

      Dear Nata
      Unfortunately no. Once you’ve applied for s 485 you must have that visa granted to be able to proceed to the 885 stage. Once the new system starts that door closes. There are going to be a large number of applicants in your situation. You need to be exploring employment / work vias and sponsorship optionsm as soona s you can and most certainly once you get the 485 visa.
      Grant Williams

      • Thank you Grant for your prompt response. I realised that the situation would turn into so bad way, but I still hoped that there would be something I can do about it. Unfortunately, it looks impossible to get employment and especially sponsorship since no one employer is willing for that. Thanks again for your advice.

  91. Hi my name is JP i applied for permanent residence in Dec 2009,from Dec till now i am on bridging visa A.I would like to know that can i study on bridging visa A,will there be any limitation on working while i am on bridging visa A.

    • Immigration Pty Ltd

      Dear JP
      Yes you can study and yes you can work full-time.
      Grant Williams

      • Hello Grant
        My name is Jp i applied for BVB on 5th May 2011 and it expired on 5th Sep 2011.So after the expiry of BVB it automatically goes back to BVA or i still have to fill in form number1005?
        Warm regards
        JP

      • Immigration Pty Ltd

        You still need to send in 1005 if you want DIAC to reinstste your BVA. Grant Williams

  92. Dear grant,
    I am already on Bridging visa A. I want to pursue professional year during this visa term only as I had already applied for PR and I have bridging visa for that. I wonder if Ido professional year, will I be able to attach it to current application or I have to make new PR application for that.
    Thanks In Advance

    • Immigration Pty Ltd

      Dear Aakash
      You are on BVA for a GSM application. Points for a completed Professional year will be counted at time of decision. So provided you complete the PY before they open and decide your application yes you will be able to count them.
      Grant Williams

  93. Hi Grant,
    Please tell me if you are based on Melbourne?

  94. Hi,
    First of all i wanna thank you heaps for the way u r guiding and answering.Thanks.Now coming to my problem. i have been facing unfortunately regarding my Visa status.
    Unfortunately,since i was in a hurry to visit my family due to some family problems i was rushed to travel out of Australia and mistakenly i forgot to change my visa status from Bridging visa-A to Bridging visa-B’ as i was unaware about the rule.Now the problem is i can’t get back to australia without having my visa as Bridging -B.When i called.Australian Immigration,Australia ,they suggested me to contact the nearest embassy for advice regarding the type of visa to apply so as to get in Australia.They further suggested that i can change my visa to Bridging-B once i enter australia. Following the Australia immigration (Australia) advise,i have applied for my tourist visa and was told by one of the staff in VFS to apply for Tourist Visa,But i feel that they are not guiding me good.PLease guide me regarding this.Is tourist visa the right visa to apply in my case.Please guide me what is the way or which visa should i apply.

    Thanks heaps.Waiting eagerly for ur reply.

    with regards,
    amrutha.

    • Immigration Pty Ltd

      Dear Amrutha
      If DIAC will give you a Tourist visa to return that will be just fine. You can reapply for you BV when you get back.
      However they generally are not that helpful. By all means try. If it does not work I’d then make an appointment to see the Senior Migration Officer at the nearest Australian Embassy and try to plead your case – crying sometimes helps (seriously).
      Why were you on a BV?
      Grant Williams

  95. Dear Grant,
    Good evening.Thanks heaps for ur reply.And the last sentence actually made me emotional(cry)!!! ..U are really sweet.I applied for my Temporary Visa after my studies and i am waiting for my case to be open.I will try as u said and hopefully they will grant me tourist visa.But if the result is negative,it would be better for me to come 2 u running,crying for help.Pretty sure u r the best in this field.I do have got ur contact details from the above posts.I will be in constant touch with u if its ok.Thanks again for so fast and caring reply.

    with regards,
    amrutha

  96. Dear Grant,
    one more question, as I have told you I am on BVA on priority Group 5 for June 2011 application and I want to pursue professional year. How long do you think I have time??
    Thanks

    • Immigration Pty Ltd

      I’m not a fortune teller. Check the DIAC site it gives updates on which applications they are currently processing by application date. How do you expect me to answer this question? Grant Williams

  97. Dear Grant
    My UK girlfriend has been waiting 4 months for her nursing rego to go through. Her working visa ends in June of this year so therefore we are running out of time to have that processed and potentially get her sponsored. As we have only been living together for 6 months the partner visa is not an option. If I am reading all these blogs correctly could she apply for a skilled migration visa and a BVB to allow her to remain beyond June and still travel home to see her family.

    • Immigration Pty Ltd

      Dear Danny
      Not sure what would be happening with an assessment of her nursing qualifications. How has she followed this up.
      I really can’t say if she could lodge a GSM application from this info. You should get someone to have alook at her options. It may cost a few dollars but it will be worth it if she can apply.
      Grant Williams

  98. Thanks Grant
    he has been following it up with AHPRA but apparently can take anywhere from 3-6 months to process. As nursing is on the skills register list I assumed she would be able to apply for a skilled migration visa with a bridging visa. Would another alternative be to apply for a defacto visa with a BVB given it may take the defacto visa up to 8 months to assess, her nursing rego should be through making sponsorship or the defacto visa a possibility and with the bridging visa she can stay beyond June?

    • Immigration Pty Ltd

      Dear Danny The 3 to 6 months sounds wrong to me but I’d need to see the actual paperwork. Are you suggesting an offshore Partner application? About 12 months for this currently. Or are you saying onshore Partner? Sorry but I get more than 30 questions every day – sometime s more like today and it’s really hard to keep every story straight. OK I checked you said her visa ends in June. Do you meet the 12 month living together requirement? Grant Williams

  99. No worries Grant I understand you get bombarded with questions. yes she is onshore. By June we would have been living together for 9 months. She has been here twice to see me and I have been over to meet her folks at xmas.
    I guess simply I want to know if the nursing rego does not come through and she doesn’t get sponsored as a nurse by June…could we apply for a skilled migration visa or defacto visa with a BVB to buy us more time and allow her to stay. as it takes 6 months minimum to process the skilled migration or defacto visa her nursing rego may come through in that time and she may get sponsored prior to learning the outcome of the defacto or skilled migration applications. I understand I would lose money if I then cancellede either of these applications but at least she wouldn;t have to leave in 12 weeks.

    • Immigration Pty Ltd

      Hi Danny Just so we are clear and I don’t mislead you. You’re an Aust Citizen. Partner is from UK currently here on some visa (Visitor) and she’s made the nursing application here. Is all that correct? If so you could register your relationship – a) if you are both eligible to do so and b) if your state/territory has passed the relevant laws. This gets around the 12 months for de facto. Then you lodge a Partner application (provided her visa is open – no condition 8503). She gets BVA and if you actually get the application decision ready she could get the partner visa granted very quickly. I’m really guessing here so I need more info… Grant Williams

  100. Hi Grant
    Yes that it correct…I’m an australian citizen and she is on a working visa that expires in June. By now we were hoping that she may have been sponsored but the nurse rego is holding that up. As such we were looking at options to allow her to stay beyond June. It was then I saw your blog which suggested she may be able to get a bridging visa whilst applying for another substantive visa (partner or skilled migration). The bridging visa would allow her to stay once the working visa expires whilst we wait on one of the other visas (or nursing rego) to come through. I would probably hget her to apply for a BVB though in case she needs to head home for a family issue. Am I kind of on the right page?? Thanks for all your advice

    • Immigration Pty Ltd

      Hi Danny She can’t just apply for a BVB that way. When an onshore application is made validly a BVA is granted. If a person needs to travel for a “substantial reason” DIAC will generally grant a BVB for a limited period 1 week, 1 month, 3 months. This visa has an expiry date and can only be used to leave and return within its validity. You should only apply in person in the 2 weeks prior to travel – they will send you away if you ask earlier. DIAC will not grant a BVB just in case you want to use it. Grant Williams

  101. Thanks Grant that makes sense.

    So in short if the nursing rego and sponsorhsip does not happen by June, if she applys for a partner or skilled migration with a BVA she should be able to stay whislt they are being assessed??

  102. Hi Grant,
    thanks for sharing the information about the bridging visa and subclass 485. I applied for the graduate visa last year on the 14th of March and I was there for almost 6-7 months until i had to leave australia due to financial difficulties and my lease was coming to an end. Knowing that i couldn support myself i went back to singapore to save up for my stay in australia. I was granted BVB for 6 months an it was going to expire on the 27th january. But i couldn go back by then and both my bridgin visas ceased. Now i have recieved an email from the case officer requesting for all the supporting documents to the proces the visa application. Now that i am away from australia, can i still submit my documents and will they take that into consideration and process my application? I have all supporting documents except for my police check which will arrive in a weeks time or so. Will i get a positive response from the immigrations regarding my graduate visa application?

    • Immigration Pty Ltd

      Dear Vinodhini
      Well that’s a shame. Yes you can give them all the docs. You must be in Australia to get the visa granted. Sometimes the 485 processing centre will give you a letter saying they are ready to grant your visa nad the local post will give you a Visitor visa to come to get the visa granted. That’s about the only hope unless you can get some other visa.
      Grant Williams

    • Dear Grant

      How are you?
      Thank you so much and you are doing the great job.
      Can i apply for student visa after my TR refusal from DIAC? if i only have 28 days to leave Aus?

      Thank you so much

      Tuyen

      • Immigration Pty Ltd

        Dear Tuyen
        S.48 of the Migration Act s a bar on further onshore application for anyone who has had an onshore visa refusal. So no. If youy want to apply for another Studnet visa you’ll have to apply from your home country. A complicating factor will also be the fact that you have made a GSM aplication and now DIAC may say that you are no longer a “genuine temporary entrant” the new base criterion for the grant of a Studnet visa.
        Grant Williams

  103. Dear Grant,
    First of all, I really appreciate you to post above valuable information. According to above post, I reckon that you are a right person who can answer my several questions.

    The story is that I graduated Monash University (Bachelor of Information Technology and system) on 13 Dec and applied 485 visa last week (exactly 8 March) without IELTS result before my student visa is expired on 15 March. When I lodged my 485 application, I assumed that I can still submit IELTS result before a case officer of my application will be allocated. That’s why I booked another IELTS test 31 March. However, I realised that IELTS result should be tested before lodging 485 application. It make me fall in PANIC. Now, I am still under student visa (subclass 573) until 15 March and will change to VBA after that.

    My question is below:

    1. If I withdraw a 485 VBA now, can I reapply same 485 visa later with required IELTS result? or once I withdraw it, i cannot reapply ?
    Also, will any other onshore visa applications are affected according to I withdraw 485 VBA ? or Can I still apply another visa?

    2. Before I graduated, I have employed as a IT consultant (contractor) since last Nov. So, I have planned to apply 885 visa with 1 year experience in Australia and IELTS 7.0 after 485 visa granted. However, due to this situation, I will lose working permission and need to leave Australia if I withdraw 485 VBA. Fortunately, I have a 2nd Working Holiday Visa form which I got during 1st Working Holiday Visa about 4 years ago. Is it possible to applying 2nd Working Holiday Visa ONSHORE ?

    3. If I can reapply 485 visa after withdraw, is it possible to apply 570 student visa ONSHORE before my current 573 visa is expired ? I would like to extend the stay in Australia as studying English to meet IELTS requirement.

    4. What is different outcome between when I withdraw 485 visa myself and when my 485 application is refused by CO due to IELTS result?

    5. is there any other suggestions that might help me quit against this disaster? Probably, 457 and ENS visa?

    I’m from Korea and it will be helpful to provide me more accurate answer.

    I am looking forward to hearing your warm and favourable reply soon.
    Appreciate in advance.

    Patrick,

  104. Sorry Grant,

    I forgot to ask two more questions.

    1. Is there possibility to grant 485 visa if I request to MRT with required IELTS result tested on 31 March once my application is refused ?

    2. Even if requested MRT is rejected or during MRT review, can I still apply 885 visa with 1 year experience that I got during 485 VBA ?

    Regards,
    Patrick

    • Immigration Pty Ltd

      Dear Patrick
      7 complex questions. The point of this BLOG is not to be here as a substitute to sound migration advice for free. There are at least an hour’s worth of answers here and I’d really need to see your paperwork to be certain. Get some advice – it will be money well spent.
      You do have a problem as the IELTS was a requirement at time of application for 485. All the rest you’ve posted are “possible” and “not possible” scenarios.
      I’m sorry but with hundreds of questions each week and a busy business to run I just don’t have time to answer all these questions in detail.
      Get help now.
      Grant Williams

  105. I went from a tourist visa to BVA. I applied for a RRV while on a tourist visa.

    My dumb immigraion lawyer submitted a form 1005 on my behalf to get work permissions on my BVA without submitting any supporting evidence. Obviously, it got rejected and I only found out that I had to submit evidence after looking at form 1005 closely.

    So I decided to submit form 1005 myself last week after compiling evidence that my funds are running out in March 2012. My weekly income minus (just my house mate who shares the rent and bills) my weekly expenses = – $4XX.

    I was at the Sydney CBD office when I submitted my application. I left the building and some lady called me on my mobile phone to go back and see her.

    She told me she was not going to approve my application but also told me that I can submit it in but the answer will still be a NO.

    I asked her who my case officer was and who will be deciding. She said it does not matter because she is the “manager”.

    She then made a nasty comment about my upcoming MRT review and said she does not think I can win it. She said I do not need to be here and I should leave Australia and return for my MRT review.

    She said if I choose to stay, I would have to support myself without working in Australia. She suggested that I ask my father for financial support.

    I thought what she said was nasty but I insisted that she accept my application. I went home and wrote down what happened and submitted a complaint about her.

    Any advice for me? I could be here for over a year while I wait for my MRT review.

    • Immigration Pty Ltd

      Dear Vinny
      Hard for me to comment as I’m only hearing your side of the exchange. Work permission is not a ‘right’ on a BVA when you are here waiting for MRT. It is unusual for DIAC officers to venture into this territory. They should not be giving advice or opinions on MRT matters.
      I think you need to get someone to look at your situation. You say you ahve a “lawyer” however if they cannot get a simple work permission application documented perhaps you need to look for better help.
      Grant Williams

      • Thanks Grant.
        I just terminated my contract with my current immigration lawyer and I am consulting another lawyer this week to help me with my case.
        I understand work permission is not a right but a privilege. I just feel like they have gone too far with their comments.
        Vinny

      • Immigration Pty Ltd

        Dear Vinny From what you say it seems unusual however there are two sides to every conversation is it possible you said something to upset this officer? If not then it is not proper of them and you should complain. Unfortunately this sort of complaint is difficult to substantiate as it will totally rely on your word v the DIAC officer. Ask your new lawyer and keep focused on your aim to get work rights. Grant Williams

  106. Hai there
    I have a query please give me suggetion
    My wife finished her certificate and diploma successfully but she didn’t able to get all 6bands to apply for 485. So I applied for student visa on my name. But it got rejected after7 months. So I applied for MRT.
    But now my wife have a sponsor from regional (RSMS).  
    My doubt is does MRT file effects RSMS file if we lodge. ?
    While going through websites I found that we can lodge offshore RSMS .
    But for that do we need to be out of country while lodging . (for how long)
    While decision time again we need to out of country.!
    Is this is true.
    If we should out of Australia while lodging RSMS for how long.! And does we need to be in our home country is a plus point while lodging time.! Or can we go to any other country?

    My mind is fluctuating that MRT is also bridging visa A and for Student process also bridging visa A.
    I heard that while on student bridging visa A we can lodge an offshore application while we are in Australia. But the time of decision only we need to leave the country.

    When it comes to MRT BRIDGING visa A why don’t we lodge offshore application while in Australia.? Why we need to be offshore 2times?

    It would be too great full if you would help me on this. If you have any immigration direct link of my case please refer me.

    Thank you

    Regards,
    Amar

    • Immigration Pty Ltd

      Dear Amar
      It’s not the MRT that blocks your onshore application it is s.48 of the Migration Act that bars the application as you have had an onshore visa refusal.
      You can apply onshore (119 visa) and you must be offshore at time of grant. That’s just how it works.
      You can go out of Aust on BVB when it;s time for visa grant.
      Grant Williams

      • Thank you very much for your reply Williams.
        But my employers immigration agent is saying We need to be out of country while the time of 119 visa lodgement and that is also to be in our home country is a plus point for 2 weeks. Because he is saying DIAC don’t give BVB to travel other country exept home coutry while on MRT.

        And he said after lodgement we can come back . But while the time of grant of visa again we need to leave to any country.

        I am happy to leave the country time of visa grant decision but for lodgement also,……………. It is expensive for me and my wife to travel twise.

        That is where I have doubt.
        So can you PLEASE send me the DIAC information direct link so I can show that evidence to my employer and his agent.

  107. Dear Grant, thanks for valuable information you are offering for needy people.
    I have 2 queries to ask- I recently allocated a case officer for my 485 visa. Regarding medicals (X ray test) as my wife is pregnant and expected date for delivery is 12th July. So, technically we need to wait till baby delivered, which means I would miss the opportunity to put my PR application before skill select start 1st of July. I requested my case officer to advise alternative for X ray. He stated that I need to request medical officer for “TB undertaking” I couldn’t understand what it means.
    Secondly, I don’t have job so I am thinking to go to my country start my earlier job and fulfill remaining points to be eligible to apply for PR. My second question is “after having 485 is it possible to apply for 885 visa while overseas? or do I need to be physically present in Australia when applying?”
    Thanks in advance
    Tauk

    • Immigration Pty Ltd

      Dear Tauk Your wife cannot have the X-ray however you both need to go to the medical and then do what tests are possible. The Doctors at HSA will inform DIAC of your wife’s condition and they will postpone the processing until she is able to have the medical. If this gets you post 1 July 2011 then you are subject to the new system of application. Once you are granted the 485 visa you can apply for the 885 from hwere ever you like. Grant Williams

  108. Hi Grant,
    I was wondering if i could get some advise from you as I’m not really convinced what DIAC has told me. Here’s my situation..
    Applied for 885 March 2011. In Oct 2011 BVA kicked in.. As I am travelling overseas I’ve applied for BVB effective April 2012.
    I am in Priority Group 5 at the moment which means its highly unlikely to see anything happening for the next few years.
    I am married to an Australian Citizen and was thinking of applying for the 820/801 Visa. I was informed by an officer that when I apply for the 820/201 I will be granted a BVC with no work rights, but since im holding a BVB and the decision has not been given, the BVC will remain at the background while my BVB is in effect. My BVB has work rights at the moment. Is this possible? She also advised me to write compelling reasons why I’m applying for the partner visa etc etc.
    Oh and we’re planning to start a family pretty soon.
    My concern is when i apply for the partner visa, my work rights get revoked etc. I live in Melbourne at the moment.
    Cheers,
    LJ

    • Immigration Pty Ltd

      Hi Laura
      The info DIAC has given you is correct if a little confusing. You got a BVA for your 885 application. Once this started you travelled on a BVB which will expire at last date of entry to Australia on the visa label. When you get back reapply for the BVA (Form 1005) as being on an expired BVB is not helpful in my view. Howevr as you are on a BVA/B any onshore application for a Partner visa will basically be blocked by the Schedule 3 requiremets of the Migration Regulations – thes can be waived (this is the business about compelling reasons affecting an Australian citizen etc…) Basically Schedule 3 says that you can’t apply after the ‘relevant day’ which in your case is afetr being on a BV for more than 28 days. It’s is not easy to get this requirement waived so don’t be folled into thinking it will happen if you ask nicely – it won’t.
      The BVC stuff is all correct. Two applications onshore 885 = BVA 820 = BVC. BVC only cuts in when BVA ceases so for that to actually happen your 885 would have to be refused. So if you can and do lodge a 820 Partner it will I wouls assume be granted while your BVA is still in effect and the BVC will never see the light of day.
      I’d suggets you get professional advice before launching a partner application that is predicated on a Schedule 3 waiver. Most likely not to be given. You could just wait for the 885.
      Grant Williams

  109. Many thanks Grant for the valuable advice.

  110. HI Grant, Thank you for the advice. Much appreciated :)

  111. Hi Grant, I am living on WA 010 visa. When checking online, I realised that visa conditions – 8501 , must maintain adequate health insurance was imposed in my visa. Since I did not have that, am I in trouble? When I browsed insurance companies, they have different quotations like basic insurance for visitors, insurances for 457 workers etc, can I take any of them or does it need to cover everything like 457? Also, when seeing visa details online, I dont see the name of my partner and kid, is that normal? Thanks

    • Immigration Pty Ltd

      Dear Jqie It won’t be a problem just take out the Health Insurance now. You’d need to check each person on VEVO to see their individual details. Grant Williams

  112. Diego Repetti

    Dearest Grant,
    My name is Diego and I’m from Argentina. I am currently in a very delicate and distressing situation because my relationship has broken down and I have been given the wrong advice on how to apply for a student visa. I’m not sure which way I have to proceed, everything seems confusing and very tricky at this moment. My previous substantive visa was UK820 and I was given a BVA when the relationship ceased, then I decided to withdraw my application for visa class BS801 to apply for a Student Visa. At this time my Student and Migration Agent had told me I could apply for it onshore because I’m from a level 1 country applying for a Bachelor Degree, so I followed her advice and I just found out yesterday that the visa has been refused because I did not satisfy Regulation 573.11 and didn’t meet the requirements of regulation 572.211.
    Now I’m currently on a BVC and have been adviced by DIAC in Sydney that I have to lodge my Student visa application overseas, and in that case my application will be approved if I tick all the boxes of the checklist (which I do). I started Uni two weeks ago, however I had to deffer my course, and get all the paperwork organized once again to lodge it in New Zealand.
    I’ve been living in Australia for 2 years, got a lease, my fully furnished flat which I’m renting out, investments, superannuation and credit card debt. I’m ready to focus on my education now and already set up for it. From my understanding, if I leave Australia under my current condition to lodge my application in New Zealand I won’t be able to come back until my student visa is granted, which is not guaranteed neither.
    This situation makes me feel sick from the moment I wake up to the moment I put my head in my pillow, because I want to do the right thing and I don’t want to to lose everything I’ve achieved and waste all the time and hard work that has been put into this. What could I do if they refuse my visa again, will they grant me a visitor visa to sort all this stuff out and leave. Is it possible to lodge my application by mail, or do I need to be physically outside Australia. As far as I know the processing time for a level 1 is between 2 or 3 weeks; if this is possible it will be ideal and I will have enough time to stay here and wait for a decision to be made.
    Also I’d like to know if makes any difference to apply for it with a Spanish passport as I have dual citizenship now.
    Thank you very much for your time and for this valuable blog. I hope you are able to clarify this situation for me.

    Kind Regards,

    Diego

    • Immigration Pty Ltd

      Dear Diego
      I’m not an expert on Student visa applications. I do not do them as most are done unlawfully by Education Agents without migration law qualifications or registration.
      However in relation to your BVC no you cannot return once you ahve left. If you lodge o/s and you meet the criteria they will grant the visa. You cannot post it you will have to depart.
      No I do not think they will give you a vv to come in and sort stuff out if it’s refused but they may if you can convince them person to person – only a problem if it’s refused. You’d be well advised to consult a good migration agent who has students a speciality. Depends where you are but in Sydney Granger Migration works in this area (Jonathan Granger) Google them.
      Grant Williams

  113. Hi Grant,
    Your blog is breath of air compared to the other site’s I’ve trawled, so firstly a big thank you.
    I submitted a Spouse Visa Application earlier this year, and prior to this was on a Student Visa. After submitting the application I was granted a Bridging Visa A which had a No Work Restriction on it. Last week I applied to remove this due to financial hardship and was happily informed this week that I can now work Full Time… Phew!
    My worry is that I am wishing to visit the UK for two weeks in the next month to visit a member of my family, however I am worried that when I return and reapply for a Bridging Visa A they might restrict my working abilities again.
    Any help would be greatly appreciated,
    Thanks in advance,
    Donna

    • Immigration Pty Ltd

      Dear Donna
      Just apply for the BVB to travel. The visa conditions will now stay the same until the Partner application is decided. If you get the BVA reinstated it will have the same work rights.
      Grant Williams

  114. Dear Grant,
    Sorry again to bothering you, but I was asking about my previous comment for doing Professional year in Bridging Visa A for GSM 885 application[Applied in June 2011]. As I am on Priority 5 I want to pursue professional year but some Local migration Agents told me I will not get points for this when my application will assessed. As you told me points would be given at the time of assessment. Its really confusing and I really do not know should points would be awarded at the time of assessment or not. Any reply from you would be a great help.
    Thanks in Advance.

    • Immigration Pty Ltd

      Dear Aakash

      This is the quote from the Migration Regulations… 885.22 Criteria to be satisfied at time of decision 885.221

      The applicant has the qualifying score when assessed in relation to the visa under Subdivision Bof Division 3 of Part 2 of the Act. (This is referring to the Points Test)

      Grant Williams

  115. Hi Grant
    I have a question for you…Me and my aussi partner are planning to go to thailand for a holiday in may. I am on a BVA as i applied for my GSM 485 a month and a half ago. I need a BVB to travel. I went to the immi office in Sydney only to be told i have to come back 2 weeks before i intend to leave the country to get my visa or apply to GSM via posting the form 1006. I cannot book my holiday as it is not certain that i will be granted a visa. I only want to go for 10 days and i havent traveled for the last 1 year. What do u think are my chances of getting a BVB and how long does it take for it to be processed as i wish to book my tickets as early as possible
    If you could please help
    Thanks

    • Immigration Pty Ltd

      Aman
      DIAC policy is to only grant BVBs within the two week period. There are good reasons for this that revolve around not stuffing up the flow of processing applications. DIAC are not a travel and tour company and they do not organise their system around your holiday plans. Sorry but that’s how the system works. Most BVBs are granted on the spot if they decide your reason for travel is ‘substantial’ and if the centre processing your application tells the officer that they will not be opening your application in the time you proposed to be o/s.
      Grant Williams

  116. Hi Grant, thanks for your help and your hardwork with this website.

    I have a question regarding Bridging Visas and study conditions.

    For a spouse/secondary appl on a student visa, the spouse can only study for 3 months. But this is my situation:
    My application as a secondary applicant on a student visa was refused but the main applicant’s was granted. This was because DIAC said I had substantial compliance issues on my own SV in the past. Now I have applied for MRT which means I have a BV-A until MRT makes a decision.

    Now I find all this very confusing:
    1. If I am successful at MRT, what visa will I be granted as the main applicant already has their sv which will be expiring soon.
    2. Can I study for more than 3 months on this bv-a?

    • Immigration Pty Ltd

      Dear Peter
      Can’t tell you from the info you’ve provided. Someone needs to look at all the paperwork. These type of problems can be quite complex and it’s not responsible to hazard a guess.
      get help – you already have a problem don’t make it worse!
      Grant Williams

  117. Thanks for the advice Grant….
    Could you please throw some light on the EOI system?
    How will the EOI that is being introduced in July work? Will it still be based on the SOL or there will be a different criteria?
    Thank you

  118. Dear Grant, This is such an awesome work, I am so glad I found this page :)

    I have a question and hope I can find an answer… I have applied for 485 about 13 months ago. I worked in Australia for a year. I then quited work and went backhome (Oman) to find a job… I am currently on a bridging visa B which expires on the 4th of April…. I am aware that I have to be back to Australia by then or else I won’t be permitted to enter Australia… I am planning to do so (i.e. go back to Australia before the 4th of April)….

    so here are my questions:
    – can I extend/or apply for another Bridging Visa again? I need to go backhome again because I now have work commitment there.

    -I havnt been assigned a case officer yet, eventhough it’s been a year since I applied for the 485 visa. is this normal?

    – can I apply for another visa (e.g offshore visa) before the desicion on my 485 visa application is made??

    once again, thank you so much for this great page, very informative indeed. cheers

    • Immigration Pty Ltd

      Dear Alhi
      You can apply for another BVB however DIAC may not grant you the visa as your 485 must be about to be allocated to a case officer.
      It is very difficult (almost impossible under normal circumstances) for a long term BV holder to make an onshore visa application. As far as PR goes in GSM you must wait until your 485 is granted.
      Grant Williams

  119. Hi sir can apply 857 RSMS visa. Currently I’m holding bridging visa A of 485. I have a plan to withdraw my application bcz I’m not able to fulfill the requirements of 485 visa. Plz reply thnx

  120. HI, GRANT
    This is a great site you are doing great job,
    My concern is that i got married to my aussie girlfriend in june 2011, and applied for partner visa(onshore), iam currently on BVA , the immigration said current wait time is 9 months, we are planning to apply for bvb to visit my family soon,since my family could not attend my wedding, we are planning to have a family cermony(as reception ), now my question is will this be a valid reason to grant me a BVB, and also i havent seen my family almost 2year,
    if i get bvb and leave australia, will processing time will get more longer,
    i have submitted all the relevant documents at time of launch of application,my 9months wait time is may, if i leave now will it be more longer wait time,
    YOUR SUGGESTIONS WILL HELP ME ,

    Regards,
    Harry,

    • Immigration Pty Ltd

      Dear Harald
      I think the current partner processing tiem is closer to 12 months.
      This is a good reason to get a BVB.
      DIAC will grant the BVB if they can confirm with the Partner section that they do not plan to open and process your case in the period you plan to be O/s. So the grant of a BVB will not change your processing time frame.
      Grant Williams

  121. Dear Grant,
    I heard that some immigration lowers told their clients that those who have already applied for 485 and will not have been granted this visa before 1 July will still be able to follow old rules and apply directly for 885 avoiding EOI even if they get their 485 after 1 July. EOI for those applicants will be optional. Is this true or it’s just gossip?

    • Immigration Pty Ltd

      Dear Nata This applies to transitional applicants so no it’s not gossip. These are applicants who held or had applied for a 485 visa on the date the changes were announced 8 Feb 2010. So if you held a 485 on this date your visa of 18 months would have run out beofe the Skill Select system starts. Some who had applied before this date may still be able to apply. For example if they applied just before 8 Feb 2012 and it took 12 months to grant their visa that’s a feb 2011 grant date + 18 months = August 2012. The limit for thes applicants is 31 December 2012. This was announced on 8 feb 2010. Grant Williams

      • Thanks for your clarification. I knew that options for transitional applicants, however, I was told that everybody (not only transitional applicants) who applied for 485 before July 2012 will be able to choose whether to apply from EOI or directly to 885. Now I see that advice has been given probably not very competent immigration lower.

      • Immigration Pty Ltd

        You can’t apply for EOI beofre 1 July 2012 – Not sure what you mean here. Grant Williams

      • Sorry, I was not clear. I did not mean applying for EOI before 1 July. I meant that every grads (not only those who are eligible for transitional arrangement) who applied for 485 before 1 July may in future (much later after 1 July) to choose between EOI and directly application for 885. That’s what an immigration lower told to my friend. Anyway, I have already got your answer to this question. Thank you very much for your clarification.

      • Immigration Pty Ltd

        No that is not correct. Only some can apply direct as per my last email. It seems to me you will be an EOI applicant. Grant Williams

      • I am afraid, you are right. But I still have hope to get 485 by the end of June so I will still have couple of days to apply for 885 before 1 July.

  122. Hi Grant,
    With reference to the above question, (provisional arrangements for 485 visa holders). What about person who gets his 485 granted just before 1st July 2012 or immediately after that?
    Many thanks for reply in advance.

    • hi garnt i was on bridging visa a and applied for rsms visa so my visa application has been resufed i need your help because in a refusal letter case officer said “my visa application has been refused because i couldnt met the following criteria 857.2, 857.22 and 857.221 can you pls let me know about these number in simple language so i can understand i would be thankfull to you thanks

      • Immigration Pty Ltd

        Dear Singh
        Basically from what you’ve told me the Nomination (the approval of the employer and the position) for your employer was either refused or withdrawn or has expired.
        Grant Williams

    • Immigration Pty Ltd

      New SkillSelect system applies to these applicants. Grant Williams

  123. Hi grant

    I have an question, if you can please help…. i aplied for 857 visa in october 2011… Due to some reasons, i had to take my visa application back and i put my request to DIAC about 4 weeks ago that i want my documents back …. DIAC still did not gave my documents back.

    Do you have any idea, how long they take to give aplication back???
    thanks a lot in advance

    • Immigration Pty Ltd

      Dear Dunken
      What application have you lodged to get your application returned?
      DIAC generally only return original docs not entire applications unless the application was assessed as invalid and then it all comes back.
      Grant Williams

  124. Hi Grant,

    If i currently have a student visa, and I apply for extending the student visa, does the bridging visa A still work? Do I have to apply separately or will the application for the new visa work as the bridging visa application?
    Thanks.

    • This might be not enough information. What I mean is that I have a student visa that will expire in 4 weeks time, and I am currently applying to extend the student visa. Assume that the 4 weeks is not enough to process the visa will I be granted a BVA using that application? Or do I need to apply for BVA separately? From what I understand the application for the substantive visa can also be used for BVA application.

      • Immigration Pty Ltd

        Dear Fenix
        As long as you apply validly before your current student visa expires you automatically get a BVA the moment your Student visa expires. You stay on the BVA until a final decision is made on your application either by DIAC or if refusaed prhaps by the MRT. So YES.
        Grant Williams

  125. Grant, I have one more question.
    As I know, it is necessary to provide police check certificate from the countries of origin (I spent last 10 years before departing for Australia only there). I have a problem to get that certificate now, as I need to be in the country to apply for that document personally or authorize somebody to do it on my behalf. The problem is there is no embassy or consular of my country in Australia: the nearest embassy is in Indonesia. As I have to formulate authorization letter in according to my country requirements and certify it in any diplomatic mission of my country, it seems impossible to get that without leaving Australia (I cannot fly to Indonesia just to certify the document in my embassy). In this situation, may I provide my case officer with statutory declaration instead of police certificate from my country?

  126. Hi Grant,
    I am still getting nervous about the processing of my 485 application as i have submitted all documents to my c/o on 28th February 2012. Still waiting for the answer from his side and one more question can i apply for student visa again after my 485 visa pls i need ur advice on this
    21/02/2011 Bridging visa granted
    16/03/2011 Bridging visa granted
    03/02/2012 e-Mail sent to you

    Thank you very much
    Jerry

    • Immigration Pty Ltd

      Still a normal wait. Yes you ca apply for another student visa from a 485 but as to whether they will grant it …that’s another question. Can you prove you are a genuine temporary entrant for a student visa when you’ve been granted a GSM visa that leads to PR? Grant Williams

  127. Hello Grant,

    I applied for a 485 visa in September 2011 and I am holding a BVA at the moment. I am paying S4500 a year for my son’s school (a public school), although my current visa does not have a condition related to my child’s schooling (as it was on my student visa). I contacted The Department of Education and they advised me that I will have to pay these fees until I get Permanent Residency. Is it correct? Will I still ave to pay international student fees for my son when I am on a 485 visa?
    I am planning to apply for PR via Skills Select system that is to be introduced in July 2012. Provided I receive an invitation to apply for a 189 visa (a new Independent PR visa) in the first round (in August), what is the best course of actions? Should I wait until 485 visa is issued, so that I applied for PR from a substantive visa I got BVA again? Should I apply for PR straight away and get BVC and wait until 485 expires and then apply for work rights when (if) BVC kicks in? A lot of financial questions are involved here, such as the cost of private medical insurance as opposed to Medicare, the potential trouble associated with the necessity to stop working if BVC comes into effect…

    • Immigration Pty Ltd

      Hi Olga
      Yes the advice about student fees is correct. Yes you will still pay these fees on a 485 visa.
      No you cannot apply for PR until you get the 485 visa as you’ve been on a BV for too long. So the BVC scenario you paint won’t work.
      AS far as SkillSelect is concerned I hope you are correct and they make offers imm ediately. I am however not confident that this will happen and would not be surprised if nothing occurred until at least 1 jan 2013. No one knows and DIAC are certainly not telling.
      Grant Williams

      • Dear Grant,

        Thank you very much for the prompt reply.
        “You’ve been on a BV for too long”. Can you elaborate on that? And if you please, explain how the fact that Skills Select system makes Bridging Visas obsolete will effect those who are holding BVs.

        I would also appreciate if you could tell me, based on your experience in the field, how long it usually takes to issue a 485 visa. Is it 12 months as they say on DIAC website? Can I be relatively sure that my 485 visa will be issued around September 2012?

      • Immigration Pty Ltd

        HI Olga Too long is more than 28 days. If you hold a BV prior to SkillSelect it will not be affected by SkillSelect. There are no BVs being issued for the new SkillSelect program. 485 have been taking between 12 to 18 months to grant. Grant Williams

      • Dear Grant,
        Thank you very much for your response. I think you might find the following link useful: http://migrationblog.immi.gov.au/2012/03/30/new-visa-subclasses-announced-on-the-skillselect-website
        If you scroll a little bit down the page, you will find the DIAC official’s clarification of my situation. You are more than welcome to comment on this.
        Kind regards,
        Olga.

      • Immigration Pty Ltd

        Hi Olga I see what they say however no one has actually seen the Migration Regulations for these new visas and until we do you cannot rely on this sort of advice. Also the whole EOI system is predicated on the the “if you are invited to apply” position. If DIAC are going to allow those on BVA’s to apply following an EOI if invited from those BVs that’s great for you but I for one want to see the details of the Schedule 1, 2 and 3 Migration Regulations for this visa before I will be even considering suggesting this to a client. DIAC have a very bad record of promising things and then when the actual law comes out they are not there. When questioned they say things like that was one of the options we were considering these are the final regulations. I can’t keep trying to second guess what DIAC will or will not do. I try to work from the law and facts.Good luck. Grant Williams

      • Dear Grant,

        Thank you for your reply.
        I can see the logic behind the possible decision of DIAC to allow those on BVA to apply under Skills Select straight away. If they want to make the system of Bridging visas obsolete eventually, why keeping people on these visas, especially taking into account the fact that our skills are in demand and potential employers/states & territories and government need us. There is no point in making us wait several extra months on bridging visas, when we can be used in Australian economy that needs skilled workers with professions in SOL Schedule 1.

        Anyway, the legislation will be revealed in June, and we’ll see all the regulations related to Skills Select. So far I cannot see any contradictions to the common sense in what they are doing or saying. I have consulted with DIAC officials on quite a number of occasions and they’ve never lied to me or provided misleading information. But we’ll see.

  128. Barry Johnston

    Hi Grant

    I am currently on a 457(sponsorship) visa, and
    Have approximately 1.5 years left on it. My Australian partner and I have applied for an 820 partner visa ( approx 8 months ago). I have been assigned a case officer, and everything seems to be going smoothly. My partner is having to relocate to the east coast for work reasons, and I am with my 457 sponsor in WA. If I leave my 457 sponsor, and contact immigration to tell them, will my BVA visa kick in? I am not concerned about not working. I am just needing to be with my partner. I am not wanting to transfer my 457 visa, as I would like to leave the industry. Can I transfer onto my BVA?

    Many thanks
    Barry

    • Immigration Pty Ltd

      Hi Barry
      No that is not how the BVA system works. Your BVA will only cut in when your 457 expires. You will have the Partner visa, all being well, long before that. If you have a CO and unless there are some substantial outstanding docs you should get the 820 quite soon. I’d just keep the relocation to yourself and do all in your power to facilitate the 820 visa which will replace the 457 and then you can do what you want. You cannot just leave your employer and stay on the 457 as it’s conditions require you to work for that employer to be able to stay here and you certainly don’t want DIAC starting a process to cancel your 457 as this will put the spanner in the works of the Partner application. Hold tight and get the partner visa granted.
      Grant Williams
      JP 195363
      Registered Migration Agent
      MARN 0854799
      Immigration Pty Ltd
      Suite 35 / 647 – 649 George St Sydney 2000
      PO Box K1221 Haymarket NSW 1240
      Telephone: +61 2 92114694
      Mobile: +61 (0) 430351877
      Email: immigrationptyltd@gmail.com
      Blog: http://immigrationptyltd.wordpress.com

      • Barry Johnston

        Thanks Grant, your help is greatly appreciated!!
        I just hope that it comes through soon, as I am desperate to be with my partner. I was assigned a case officer right from the start, and it has been 8 months. I have phoned quite a few times, but they haven’t been able to tell me anything new. The person I spoke to from the department today agreed with my previous thinking, and said that it would work. But obviously they were wrong. How much longer would you guess? (assuming that everything is in order). So there is no way for me to be with my partner?

        Thanks for all your very helpful advice!
        Barry

      • Immigration Pty Ltd

        Dear Barry If you keep calling them they don’t move more quickly – perhaps the opposite! It is impossible to estimate a time as I have not seen the application and supporting docs. but if as you say everything is there and all OK it may be another couple of months. That’s a guess it might be tomorrow.

        Grant Williams

      • Thanks a lot for your advice Grant! I will just have to be patient

        Barry

      • Imogen Walters

        Hi Grant,
        I have a similar question. I was on a 457 visa but the company decided to terminate my employment as there was insufficient work for me to do. I therefore had 28 days to find a new sponsor/leave the country/apply for another visa. I have submitted my application for an 820 defacto visa (I would say ‘decision-ready’ as have undertaken health checks etc), and have been granted a BVA. This bridging visa states that I have 8107 work limitation., I guess transferred from the 457.

        However, given I am no longer employed by that company, what does this mean for my opportunity to work? I would like just to be able to work for anyone (do contracting etc) rather than have to find another sponsor. I am slightly confused by the 1005 form to change work rights – I would not say i’m in financial hardship as I have savings, though clearly would rather not eat into those. I don’t really understand the first option (Q18) which mentions 457, which sounds as if I have already found a new sponsor. Is my only option to go down the financial hardship route? Seems a bit odd when my visa already allows me to work, but only for a company that will sponsor me. I see others go from student visas can have all work limitations lifted, and mine seems less of a change just to go from a specific company to any – yet seems more complicated a request!

        I was also a bit worried by your resonse to Barry about if the 457 is cancelled it may put a spanner in the works of the partner visa application. There must be several people who go from 457 to partner visa application if their employment ends with the current sponsor, as the immigration website gives this as one of the allowed alternatives vs leaving the country.

        Any help/advice would be greatly appreciated!
        Thanks
        Imogen

      • Immigration Pty Ltd

        Imogen
        You only have the option to apply under the financial hardship provision. I’d think you should get some professional help. The 457 visa is the one you are on the BVA is sitting behind the 457 and is not operative. It only cuts in when your substantive visa expires. So if DIAC ancel your 457 this will also cancel your BVA and you’ll be unlawful with a lodged Partner application and then you’ll need to apply for a BVE to stay legally until your partner application is processed. That’s just how the system works (or not) sorry.
        Just rememeber you’re on the 457n not the BVA right now.
        Grant Williams

      • Imogen Walters

        Thanks Grant,

        I had assumed the ‘cancellation’ of the 457 following no longer meeting the employer sponsor condition (+28 days) was effectively the same as the expiry due to reaching the end of the visa period. Clearly you are saying this is not the case. I have checked using VEVO and I am still listed as being on the 457 – not really sure why now, given it is more than 28 days since the termination date of my employment – I guess the employer must not yet have informed immigration. Do you think I should raise this with immigration myself – don’t really feel very keen to do so, but also want to do the right thing. Also, regarding the bridging visa E, I understood this not to be a very good visa to ever be on (it was one of the questions in the defacto application) – are there implications for ending up on the BVE?

        Thanks for your prompt response,
        Imogen

      • Immigration Pty Ltd

        Imogen

        No don’t go to DIAC about this – major mistake! Not in your best interests at all.

        The 28 day thing is an oft quoted misconception / misunderstanding. In your case no such time frame applies. When you are terminated in employment it is your sponsor’s obligation to inform DIAC of this ‘change’ not yours. Next, and this can take months, DIAC will write to you saying it appears the basis on which you were granted a 457 visa not longer exists… please comment. You then reply and say I’m (and here I’m just making things up as an example) going to swap my current 457 visa over to another employer and then DIAC wait for you to lodge this new application. I’ve seen applicants 6 months or longer down the track still trying to get this sorted.

        Best case is to have the perfect partner application which gets processed asap – my last couple have been done in less than 1 week and you go from 457 to 820 and all the other problems disappear.

        So back to the Partner application – how ‘perfect’ was it?

        If you’d like call me (not tomorrow as I’m at a conference all day) but Thursday between 10 and 5

        – Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • Imogen Walters

        Thanks Grant – really helpful, practical advice. I’ll give you a call on Thursday.
        Kind regards
        Imogen

      • Imogen Walters

        Hi Grant,

        Referring back to my posts/our exchanges around 17th April, I just wanted to let you know that we were informed today that I have been granted the 820 visa on the basis of our defacto relationship today. So it took about 5 weeks I guess – during which I had to send through the official police reports etc (I’d ordered them but not yet received responses as at the time of application).

        No further questions/information requested, and I never had to go through the bridging visa options as they hadn’t processed any change to my 457.

        Hurrah!! Thanks for your advice – when I received the final piece of paper I sent it in as you suggested, with a covering letter saying I beloved all to be final now, and although I never heard from them in the meantime, it seems they must have agreed.

        Kind regards
        Imogen.

      • Immigration Pty Ltd

        Great outcome. Congratulations. Grant Williams

  129. Salina Silwal

    Hi Grant,
    I applied for sponsor visa in january 2012 after i finished my diploma studies. But unfortunately My visa was rejected on 4th April 2012. I am just wondering what other options do i have except MRT? My student visa was finished on 15 march 2012.That means i am in BVA, is it possible for me to apply for a graduated or student visa. do I have to be offshore i I want to apply other visa that MRT?

    Thanks
    Salina

    • Immigration Pty Ltd

      Salina
      Your are barred from further onshore applications (s.48 and Schedule 3 of the Migration Act & Regulations respectively).
      You can apply to the MRT but that decision may depend in why the visa was refused.
      A new application will need to be offshore.
      Grant Williams

  130. hi grant, pleases help me i got refused my student visa last year. i applied for mrt. i have finished my study. now my employer want to sponser me. i need to leave austrlia when i lodge my application.but if i got refusal again in 457 visa , is any option to come back in australia.my husband need to go with me

    • Immigration Pty Ltd

      Dear Preet
      You need to expalin your situation fully so I can understand. Why was the 457 refused? Where are you now? Where were you went the 457 was lodged? Where were you when the 457 was refused? What is the status of the MRT application? Why was your student visa refused?
      Grant Williams

  131. My partner and i have been together almost 12 months. she has been here a couple times on a tourist visa and will be back again in 3 weeks for another 3 month stint (she received a 12 month multiple entry visa) but she did get first application refused. it was not entirely her fault. she did not submit a couple forms the visa processing officer said where were they but still accepted her money for visa lodgement. subsequent visa submission about 3 weeks later was accepted and 12 month multiple entry was given.

    while i am extremely happy we dont need to submit any more visa applications for the time being i would really like to take it to the next step and apply for the partner visa.

    Will the tourist visa refusal have any bearing on a Partner visa? once granted the bridging visa what would happen if she gets pregnant before being granted a partner visa?

    i

    • Immigration Pty Ltd

      Dear Dean
      No the VV refusal means nothing.
      She must have a medical to get the Partner visa granted. You cannot have a medical if pregnanat. So have the medical before a) lodging the partner application and b) before getting pregnant.
      Grant Williams

  132. hi i am preet , i got refused my student visa,due to study gap. i applied for MRT and meantime i finished my study. Next month i have to apply for 457.Can i apply onshore if not then i need to go offshore to lodge my application. just in case if i get refused my 457 application,Is any option to come back australia. My husband is a secondary applicant, he need to go out when we lodge application.

    • Immigration Pty Ltd

      You cannot apply for the 457 onshore as you have a s.48 bar from your refusal onshore. You have to to off shore when the application (visa only not sponsorship or nomination) is lodged and offshore again when it is granted. Only the primary applicant needs to be offshore normally. However as your partner also has a s.48 bar you’d both need to be offshore at time of lodging and again a visa grant. You really have no onshore options unless you can win at the MRT. Grant Williams

      • Immigration Pty Ltd

        Dear Anu
        You are working and really the best advice I can give you is to get some professional help to assess your case. I can’t tell you which option is best without seeing all your paperwork – resume, qualifications, work expereince and the info for your employer. This Blog is not here for this sort of info. Spend a few dollars and get a professional assessment.
        Grant Williams

  133. Just wanted to say thanks!! Reading all the information has been really helpful!!

  134. Hi I am Anu in 475 visa , got a 3 yr contract job in regional aus. My employer willing to sponsor for 857 visa. But I’m bit confused which way to go, 887 or 857 (rsms). Which one is having low risk? What is RSMS timescale? Almost 4 months finished of the current job from 3 yrs. Is it advantage in time to apply 857 since it is a bond of 2 yrs with the employer.

    Please some one provide me useful information or opinion…

  135. Hi Grant, sorry for interrupting but I am quite desperate. From reading the other posts I know that you really know what you are talking about. Please help…
    I applied for a 485 visa in june 11 on the basis that I had achieved two diplomas in business and nominated ‘Translator’ as a skill. The idea was to argue that I needed the business skills to run my translating business. However I was not able to pass the skills assessment (failed it by a few points on 3 occasions); furthermore I was advised that my argument probably wouldn’t work.

    So on a bridging visa A since June 11, I started studying full-time at uni in February 12. I thought I still had some time before I got assigned a case officer, so I wasn’t in a rush to apply for a student visa. Finally, today I got an email from the immigration saying that I needed to provide more documents with my application (skills assessment in particular) which I don’t have. So I want to withdraw my application for 485 and lodge for a student visa. As it turns out I can’t do that because I have been on a bridging visa for more than 28 days.

    I was advised to withdraw my application, leave the country, and apply offshore for a student visa; however I fear that my withdrawal might be regarded as ‘non genuine’ under the new GTE criterion for the student visa (Especially that I am now in the middle of the semester at uni).
    Do you think that would be the case? If so would the student visa be refused?
    Cheers, John

    • Immigration Pty Ltd

      Dear John
      The two Diploma idea will not fly as the link is not close enough given recent cases to be ‘closely related”
      As far as the student visa application goes I would think that they will have troble see you as a GTE goven your 485 application which is a pathway to PR. University study is in your favour but in th end the only way to find out is to try. Your 485 mustr be refused given what you’ve indicated so what other option do you have?
      Grant Williams

  136. Hi Grant,
    My education is in pharmacy (B. Pharm) and I have successfull skill assessment as a chemist from VETASSES. I am intending to apply 885 GSM visa before 1st of July. I have cleared OET(occupational english Test) exam.
    My query is “Could I claim 10 points for language test using OET score instead of IELTS?” Could you please also mention the charges/fees if you handle our case as an immigration agent (Family of three, 885 visa, onshore). Many thanks for your time in replying.

    • Immigration Pty Ltd

      Dear Areesh
      As far as I can see you cannot use the OET for points (only available to health care professionals) and as you’re applying as a Chemist you’re not in that area.
      As far as fees etc go I don’t do that sorrt of thing over the Blog – not really may aim here.
      Call me and I’d be happy to discuss it with you.
      Grant Williams
      0430351877 and office 02 92114694

  137. Hi Grant, thank you so much for your reply. Unfortunately I don’t think I have any other options… Do you think I should contact my case officer and explain him the situation, that I was mislead when I applied, or would it just make matters worse?
    What if I wait for my 485 to be refused? Can I apply for a student visa then?
    Also I forgot to mention that I am from an assessment level 1 country and that they gave me a COE when I started my course? Do you think it will matter?
    Sorry for asking so many questions, I’m just in a bit of a panic…

    • Immigration Pty Ltd

      Dear John

      Calling DIAC to say you misled then is not a great idea. If the 485 is refused you can apply for MRT review but that will not work for the same reason. AL 1 gives you some hope with the Student visa

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  138. salina silwal

    Hi Grant,
    As my Sponsor Visa was refused, I applied for MRT. That was the only option I had being onshore .
    Is that true that being on MRT, I have full time work and study right? so, that means I can join university if I want to study further? And also, what if my Visa is reviewed earlier and could not finish my degree? Will they give me chance to finish my degree?
    I am planning to joing bachelors degree on feburaray 2013. As i am planning to visit my parents on october, I can not start studying on August which is the next nearest intake. Is that fine for me to start studying on february or joining on August would be safer??? I really want to study furthur. It is very confusing. I need your guidence.

    Thanks
    Salina.

    • Immigration Pty Ltd

      Dear Salina You have the same conditions on your BV now as you had when you made the ‘sponsored visa’ application. Having said that if you were on a student visa you can now study or work as you no longer have a student visa nd any such work limitation is not applicatble while you wait for an MRT review. Will you get time to finish a degree post MRT decison – NO Makes no differnece when you start studying – it’s up to you for now Grant Williams

      • Salina Silwal

        hi Grant,
        So, it is better for me to wait until MRT decision is made.
        the only reason I want to study is I want to go back with a bachelors degree so that it will help me to persue my career over there if the MRT is refused.
        what other onshore options will I have if MRT is refused ? and if I will have to go back and apply any student visa or spouse visa, will there be any restriction due to this visa history?

        Thanks
        salina

      • Immigration Pty Ltd

        An onshore refusal stops new onshore applications only. If you win at the MRT it’s considered to have never happened. That’s a perfectly valid reason to study but you must realise that you risk not geting finished. Generally a refusal will not affect a new application but the reason for refusal is important.
        Grant Williams

  139. Hi…my brother inlaw is on a tourist visa and will soon apply for a student visa.His partner is overseas and he will be putting her in his application..when his application is through to immigration and until an answer has been made…can his partner come on a brigding visa or does she come on a tourist visa..???

    Thank u:)

    • Immigration Pty Ltd

      No you cannotn get a BV in this way. Maybe a tourist visa. Best to just wait for the Student visa.
      Grant Williams

  140. Hi, Grant.
    Recently I checked my visa status on the website, and found out it was BVB, which I got when I traveled overseas more than 2years ago. So I went to the immigration office to reapply for BVA today. But they said “I can’t change my BVB to BVA simply because they don’t do that”. Is that true?
    I’m just worried if holding expired BVB could have bad effect on my PR application.

    Thanks very much
    Keny

    • Immigration Pty Ltd

      Keny
      They do thatn theyn just don’t like to. Do it by post. No it will not really make any difference. Just don’t try to travel on your expired BVB.
      Grant Williams

  141. Hi
    Wiiliam I have applied 119 visa through Mara agent. today I have got approval from state migration centre. Actually on the letter has written subclass 857 but I have applied 119 so can I use this approval for 119 or not. It’s Mara agent s mistake. Plz tell me wht should I do. Thnx

    • Immigration Pty Ltd

      Jaswinder
      Are you saying that DIAC have granted you Permanent Residence? Or are you saying that the Regional Certifying Body (RCB) has given you approval in the 857 subclass when you applied in the 119 subclass?
      Why are you not asking this question to the agent you paid to do this?
      Grant Williams

  142. Hey Grant,
    I love your blog and find all the information very beneficial. I have a bit of a complex situation, as they always are.

    I lodged an 885 in March 2010 and applied for a BVB in Aug 2011 and got it for 12 months (multiple travel). Now my employer is willing to sponsor me under the ENS, however it will need to be on a 121 and I (accompanying family members) will need to go overseas when the decision is made. Most likely we will be lodging a decision-ready application!

    The complication
    My wife is 34 weeks pregnant today and if we lodge the application next week and for some reason are lucky and have the decision ready then she might not be able to travel! if the visa decision is ready after that, she might have just given birth to the baby and still not be able to travel.

    My questions are
    – if we lodge the application as a family, will she need to be with me or would I need to take her out of the application?

    – If she is not included in the application and I get granted the PR status, would she need to apply for a spouse visa and wait two years?

    – If she is included in the application but is unable to travel, are there special circumstances for the immigration to waive the requirement or perhaps wait until she is able to travel and then make the decision

    Appreciate if you can shed some light on this as I have all my papers ready for the application but unsure how to go on about the complication.

    Many Thanks
    Khalil

    • Immigration Pty Ltd

      Khalil
      The first problem is that your wife cannot do her medical. Also the baby when born in 4 -6 weeks will need to have a medical to migrate.
      You must include both of them to do otherwise would be a bad idea.
      If the visa is decided quickly applicants are given some time to make their first entry and you should point out that you wife may require 3 – 6 months due to the birth and travelling with a new baby even cultural reasons. That will be granted it no big problem.
      Grant Williams

      • Thank you for your response Grant. Sorry I might not have. Been clear. I am currently in Australia and working and so is my wife… She is expecting soon in Australia… So my questions are with regards to us having to go overseas to have the visa granted and then come back… My concerns are around her having to fly before the baby is born or directly after the baby is born! Hope this is clearer now.

        Between the period they request medicals and grant the visa we will need to travel overseas to get the visas, are they able to give us some time to travel before they make their decision (diac)?

        Thanks
        Khalil

      • Immigration Pty Ltd

        Generally when one member of the family is pregnant DIAC postpone processing until that person can have the medical. Provided they know all about the situation when you apply or now then they are usually quite helpful in this sort of matter. You just need to keep the lines of communication open so they know exactly what the situation is. Again the baby will also need a medical. Grant Williams

  143. Hi William my name Jasan I am on student visa in Perth. I would like to ask that I have got 3 and half year full time paid experience as a cook. I am also doing Cookry here. I got employer sponsorship wht I dont have certificate three. Can u please tell me while on student visa can I apply 457 visa onshore or offshore any of them. I would like to give my all documents to u if u like to my immigration layer thnx. Jasan

    • Immigration Pty Ltd

      Jaswinder Are you currently studying commercial cookery Cert III & IV? Grant Williams

      • Hey Grant,

        I have a very complex situation and need good advice. Ill try and make it as clear as possible. My wife lodged a 475 state sponsored application back in aug 2009 offshore. we were both outside Australia. We decided to come to Australia and wait for the decision and I came on a student visa for one year to do my masters in Aug 2009. The priority processing came in place and the application was placed on the long que. After graduating in 2010 I lodged an 885 visa onshore and were granted bridging Visa A until. So we now have two lodged application, one under my wife’s name for the offshore 475 and one on the 885 onshore under my name. We are both working full time in Melbourne and currently renting, however my wife is pregnant now 34 weeks and expecting in June. I spoke to my employer and they seemed willing to sponsor me for the ENS, however it has to be the ofshore 121 application and they will need to confirm to me in the few coming weeks. To add to the complexity, I was contacted a few days ago by the C/O for the 475 visa requesting medical checks and police clearances! I am lost now and worried as if granted the 475 I will need to leave Melbourne and go live in Adelaide and I will need to resign from my Job?? not sure what I can do.

        My questions are
        1. If my employer agrees to sponsor me under the ENS (perfect case senario) then I can request to postpone the medicals until my wife gives birth and then we can also add the baby – Can I do the same with the C/O for the 475?

        2. If the employer doesnt accept to provide me with the ENS and I go down the path of the 475 medicals, etc. – Can I if granted the visa come back to melbourne and work for few months until my rental lease is up/find a job and then move?

        If I get granted the 475, can I re-enter on my BVB and not the 475 and remain here waiting on it and working?

        If I get granted the 475, would I no longer be entitled to medicare as I am under my BV? would I need to get private medical insurance?

        3. If I contact the C/O saying that I have an onshore application that I would like considered rather than the 475 and provide them with its details – do you think it’s a smart idea or would I just be wasting my time?

        appreciate your help here as I am a little lost
        Thanks
        Khalil

      • Immigration Pty Ltd

        1. You cannot do the medical with your wife 34 weeks pregnant MHS will not do the the X-ray. DIAC when informed of this will expect you to do your medical and will stand the application aside until after the child is born and then both mother and child will be required to do the medical. Just tell them and they have no choice but to follow this path.

        2. No that’s not how the visa you’ve applied for works and I think you already know that! Medicare is unchanged as far as I can see but I’m not a Medicare expert – that’s insurance not migration – ask them.

        3. They already know that you have just one DIAC file with all the info on the computer system. No they don’t allow you to swap in that way just tp suit yourself. So no point even asking the question.\

        Grant Williams

  144. Hi Grant,

    I currently have a Bridging Visa A, and have decided to go back to uni to take up a Masters in Human Resource Management.

    What I’m wondering is: do I have to apply for a student visa just so I can study again?

    Also, the application form requires me to indicate my visa number, visa commencement date, as well as the visa expiry date – do these pertain to my previous student visa, or am I supposed to provide them with the digits relevant to my bridging Visa?

    Thanks in advance, cheers!

    • Immigration Pty Ltd

      Valarie
      What are the conditions on your BVA?
      You certainly don’t have to apply for a student visa.
      Do you mean the University application form?
      Grant Williams

  145. Hi Grant,

    I have question in relation to the new changes to the PR application. Currently I am on a Bridging A (Sublass 886), I am planning to withdraw this application and file a new PR application under new rules. I was going through the immi website and came across this point

    “Where the intending migrant is lawfully in Australia when lodging their application, it will no longer be necessary for them to hold a particular prerequisite visa, such as a student visa. Anyone holding a substantive visa, or a Bridging visa A, B or C, will be eligible to apply if invited, provided they meet the other eligibility requirements.”

    Does that mean I can apply for PR under new points system? if not what would be the best option? Also, is possible to apply for a student visa onshore being on a 886 bridging A??

    Thanks in advance.

    Regards.

    • Immigration Pty Ltd

      Yes you can apply but you do realise that these new GSM applications – both the Expression of Interest and then the visa application if you’re invited have no Bridging visa to allow you to remain in Australia while they consider your application.
      Grant Williams

      • So what you’re saying is that, When I apply for a new PR subclass 489, I have to immediately leave the country and wait for the decision offshore??

  146. Hi Grant.
    First of all, great job. Your site really helped us lodging our partner visa application.

    We applied for a partner visa subclass 820 last week. I now got a mail where it says that i got granted a BVA without working permission. I’m currently holding a evisitor subclass 651 and my partner and me are in a really bad financial hardship, so i badly need to work to pay the rent. She is on youth allowance and just gets $ 204 a week from the government and my savings are gone.

    What possibilities do i have to get a work permission asap?

    I’m IT-Technician with an IT-Diploma and i would already have job interviews so it would be very easy for me to find a job.

    I hope you can help me

    thanks in advance

    • Immigration Pty Ltd

      You just need to apply to change the conditions on your BVA but you can only do this once the BVA is actually your visa. If for example you are on a Student visa which is valid until August 2012 then the BVA only starts when your substantive visa expires and then you can apply to change the conditions on the basis of Financial hardshipt o get work. What’s your current visa status?

  147. Hi Grant

    The only condition I see is “adequate arrangements for health insurance during their stay in Australia”.

    Assuming my 485 visa is granted, can I still study then?

    Yes, the University application form is asking for the visa details :-\

    • Immigration Pty Ltd

      Valarie Yes give themthe BVA. Yes you cn study while on the BVA. Yes you can study while on a 485. All Yes really. Grant Williams

  148. hi grant,

    im wondering how to withdraw pending application onshore?

    just quick explanation I’m holding BVA now waiting for 485 (its been almost 8 months). AND also i have my 309/100 visa ready to be finalised in 28 days and i will be overseas for that.

    Now i want to withdraw my pending 485 and reenter australia with new visa next month.

    Should i withdraw after i enter with my new visa or withdraw first and go offshore? do i still need BVB to get out from australia after/bfore i withdraw? Can i just go back with BVA because I’m thinking i will have new visa anyway.But please tell me if I’m wrong.

    This whole withdrawing thing won’t affect the condition my new visa right?

    thank you so much. Please tell me the good news..=) cheers

    MK

    • Immigration Pty Ltd

      1. Withdraw the 485 after the 309 is granted. 2. Yes you can leave on the BVA (it’s a one way option) and then return on the 309 provided you’re sure all is well for the 309 to be granted. 3. You can depart on BVB and the return on 309 4. You can depart on BVB and return on BVB if the 309 is refused provided the BVB is still valid. 5. If you withdraw after the 309 grant the last question about impact is not relevant Grant Williams

      • dear grant,

        thanks for the reply.

        case officer already confirmed that my visa is ready to get finalised as soon as i depart australia and wait for 5 days to get the visa finalised and labeled.

        i have one more question,
        I’m thinking the one way option go back with bva and enter australia with new visa. Im holding indonesian passport and planning to go Kuala lumpur, malaysia for 5 days and go back to indonesia to pick the visa label. Do you think its going to be ok depart australia to Kuala lumpur with bva only? just want to make sure i won’t get rejected in KL.

        thank you

        regards,

        -mk

      • Immigration Pty Ltd

        Given the DIAC advice it should be OK. I don’t see any harm in departing on a BVB though. Grant Williams

  149. Hi Grant,

    Thanks for your help, i have question i started my diploma in july 2010 and i got my cetificate 3 and diploma in feb 2012 so six months earlier, so my student visa will expire in aug 2012 but in 30 of nov 2011 i have been garanted a briging visa class A becaues i applied for a carer visa. should i contact DIAC to cancel my student visa or just wait till aug. If i am on the briging visa will i be eligible for the medicare.

    Thanks in advanced

    • Immigration Pty Ltd

      Ayad
      DIAC seem to be saying now that if you’ve finished your principle course that it’s OK to just stay on the student visa until the BV cuts in. For those who have either just stopped studying of only managed to finish a lead in course they expect them to either keep studying of cancel voluntarily.
      The BV cuts in when the substantive visa expires and your acknowledgement letter should include a Medicare advice section.
      Grant Williams

  150. Dear Grant, Thanks for your helpful information..

    I have just been granted a 485-visa.. I plan to apply for he 885 visa…. does it matter if I do so before July 2012?? or it doesnt really matter?

    • Immigration Pty Ltd

      Yes after 1 July 2012 you cannot make a direct application as you will have to use the SkillSelect process unless you are somehow a 485 transitional applicant. That is you were on a BVA for this 485 application when these rule changes were announced 8 Feb 2010 (this seems unlikely?). So if you can apply before 1 Julyb 2012
      Grant Williams

    • Dear Ayad,

      How long did it take you to get your 485 visa from the date of 485 application lodgement?

    • Hi sorry I meant to address the question to Ali.

    • Dear Ali,
      How long did it take you to get your 485 visa from the date of 485 application lodgement?

      Thanks!

  151. Hi Olga,

    I didn’t apply for 485 visa because i applied for carer visa.

  152. Serene Yoong

    Hi Grant,

    I applied for a 885 and am currently on BVA. I have left the country twice, with a BVB, but have not applied to reinstate my visa.
    As far as I’m aware, there is no need to apply to reinstate for a BVA upon reentry to the country and that BVBs are just to enable you to return to Australia. The BVA should not be affected.

    But from what I read above, my BVA has ceased to exist upon reentry.
    Do you recommend reinstating my BVA using form 1005?

    Thanks for clarifying things with us.

    Regards,

    Serene

    • Immigration Pty Ltd

      I do but it’s up to you. DIAC contend that there is no harm to an applicant if they remain on a expired BVB.
      Grant Williams

  153. Hii!!
    I and my wife is on 485 visa. Which going to expire in nov.. The scenario is my wife is pregnant and she wants to deliver baby at my home country. My question is- is it ok to have baby outside of Australia. And what we have to do to add my baby in our visa??

    • Immigration Pty Ltd

      Yes it’s OK. The baby will be granted a 485 visa as well. You must apply to DIAC for the baby. Go in and see them and they will help you get it organised. See them here before the baby is born.
      Grant Williams

  154. Thanks grant!!!
    Can I apply my885 before July or I should wait till my wife and baby come back..

    • Immigration Pty Ltd

      This all gets very complicated when applicants are in different palces. Please get someone to look over this before you apply.
      Grant Williams

    • Immigration Pty Ltd

      Why not apply before they leave. Or better still keep them here and slove all these problems.
      Grant Williams

  155. Dear Grant… Thanks a million or this awesome blog.

    I have read about the Skill Select which will be implemented on the 1st o July (http://www.immi.gov.au/skills/skillselect/)

    from what I understand, the 885-visa will become subclass 189 …
    my question is: if I apply for the 189-visa after the 1st of July… do I have to be in Australia, or can I lodge my application while I’m backhome (i.e outside australia)
    p.s. I hold the graduate visa (subclass 485), I was granted the 485 visa recently..
    can you please confirm that I can lodge my application for for the 189-visa from outside Australia, after the 1st of July??

    Thanks alot.

    • Immigration Pty Ltd

      As the US President was fond of saying…Yes you can. Well he said Yes we can but you get the idea. Grant Williams

  156. dear Grant :
    recently i have granted a BVB for 12 months, i just wonder is that means i can go back to my home for 1year, if i don’t come back in Australia during the BVB period, would that be a problem for my other visa?
    Thanks alot.

    • Immigration Pty Ltd

      If you have a BVB with an expiry date 12 months after the date of visa grant you can come and go all you want in that period. One trip or multiple trips. The only requirement is that you must be back before the final date on the visa.
      No it will have no impact on another appl;ication if you stay o/s for most of the 12 months.
      Grant Williams

  157. Thanks for your reply grant!! One more question I have about my bachelor degree which is from my home country.. If I get it assessed from vetassess then how many points I can get it from???

    • Immigration Pty Ltd

      If it is assessed as equivalent to an Australian Bachelor degree 15 points – same as an Aust Bachelor degree Grant Williams

      • Hey Grant,
        have a question with regards to the grant of a 475 state sponsor visa from adelaide. I have a visa granted and willing to live in Adelaide but had a few questions with regards to the conditions on the visa. I have been offered a job for three months in Melbourne and I am the secondary applicant. can I settle in Adelaide, and go to melbourne work for three months and then come back to live two years and work for one year and apply for residency or will I be breaking the law? the company has offices in Adelaide and can possibly following this secondment offer me a job there and/or it would be a good start to get some local experience before applying for jobs in Adelaide. please assist..

      • Immigration Pty Ltd

        If you’re the secondary applicant and the primary applicant is living and working in SA I see no problem with a short term work assignment in VIC.
        Grant Williams

  158. Dear Grant,

    I currently have a MRT being processed. I am also looking to get ENS soon. My question is, can I lodge an ENS while my MRT is being processed?

    Thanks
    Ron

    • Immigration Pty Ltd

      If you are at the MRT you must have had an onshore refusal Or visa cancellation. So s48 applies and you cannot make any onshore application. For ENS you will have to lodge an offshore application 121 visa. The reason you are at the MRT may be relevant if your previous visa wa cnacelled or refused on the basis of PIC 4020 you may also have an offshore application ban.
      Grant Williams

  159. Hello there Grant,

    I am currently on a BVA whilst waiting for Immigration to grant my 2nd year work and holiday Visa. I applied for my 2nd year visa in Feb (2012) but i didnt attatch enough additional proof of work reqierment details so they then sent me an e-mail reqesting further documents eg bank statements and attatchment forms.
    I sent all my requested foarms including bank statements to them and I got an automated e-mail reply saying they had recieved my email (containing my documentation) Exactly one month later the sent me another email saying i had yet to send my bank statments and had 7 days to do so even though I’d already sent them the previous month. I have proof of this from my emails. I proceded to send the bank statments again and attached another letter and a copy of the previous email I had sent with my bankstatements. I just got another atomated reply.

    so my problem is that in febuary I booked a 2 week holiday to Bali for the 8th of May (this coming Tues) and my application has still not been granted. I have been ringing almost everyday to find out the status of my application but havn’t got very far. I did speak to someone who said I could just apply for a BVB and would be granted it on the spot. Since then I have read up on this and it seems it isn’t that easy and you need a “substantial reason to travel” do you think if I go into the immagration office tomorrow (monday) and show them what has happend they will grant me a BVB and on the same day?

    thank you
    Derek

    • Immigration Pty Ltd

      Derek
      I’d say that DIAC will give you the BVB once you explain what has happened. Only resaon they won’t is if the case officer processing your application says no they are curently processing your application and that it would be granted in the time you say you want to be o/s. Under the circumstances I assume they’ll be flexible as it’s their error.
      The substantial reason thing can be a problem but all you can do is try expalining that you assumed it would all have been done and dusted by the ytime of your Bali booking.
      Grant Williams

  160. Hi Grant,

    I’m so pleased to have come across your blog, as there is so little info about bridging visas on the immigration website.

    I am working on a 457, but my company has just closed so I need to find a new job. I have a BVA from my partner visa application, that has not come into effect yet.

    I presume if I find another job that will nominate me within 28 days, my 457 will continue as normal. But if I do not and it gets cancelled, will the BVA take over after this cancellation, or does it only take effect after a 457 expires naturally?

    If the BVA gets cancelled as well, will I still be able to apply for another one and get nominated to work again?

    Thanks you so much in advance for your help – my company closure has really complicated things!

    Alex

    • Immigration Pty Ltd

      Alex The whole 28 days to find anoither job is a total fiction. Actually just a misunderstanding from another migration requirement. However you can go looking for a new sponsor. Don’t be idle but DIAC will give you time mostly just via bureaucratic time lags. Eventually if and when your former employer informs DIAC that they will no longer be employing you and provided DIAC have your correct residential address (If not tell them Form 929 now) they will write to you and say it appaers the reason for your 457 has ceased we are considering cancelling your visa? What do you say? You write back and say I’m negotiating with another sponsor. They write back etc.. etc.. Months pass and hopefully your partner visa is garnted if not you’ll need to get your current 457 transferred to anew employer – Approved Sponsorship and new Nomination with you as the nominee.
      If you’re 457 was cancelled your BVA gets cancelled as well and then you’ve got to apply for a BVE on the basis of your Partner application and then apply after that for work permission again. Painful so let’s hope the Partner visa comes through or you find a new Sponsor.
      Grant Williams

  161. Hi,

    Thanks for wonderful information. I have a question in regards to BVB. My BVB has expired and I am in Australia but want to travel overseas again. What should I do? I have to travel within a week from today. Thanks.

    • Immigration Pty Ltd

      You have to apply for a new BVB. If you deaprt on the expired one you won’t be coming back! Grant Williams

  162. Hi grant!!!
    I have a question regarding my qualification. I have bachelor degree from overseas and MBA degree from Australia. I have already assessed my MBA degree so that I can get 5 points for two year study in Australia.
    Can I get 20 points (5+15) if my bachelor degree assessed?

    • Immigration Pty Ltd

      I seem to remember this question so I’m thinking you posted it in two places. Yes if it is equivalent to an Aust bachelor degree in AQF – check the country education profile (ABS) fro youre country.
      Grant Williams

  163. Hi there.

    I am on BVC with no working rights. I applied protection visa on nov and now i am rejected few days ago. I review that decision (RRT) and i know it will take another around 2 years to come the decision. I don’t have any contact with anybody in my back home i even don’t know how are they? so i want to go back home for sometimes as far as i know BVC i cannot travel outside Australia. and i don’t have work right here. what should i do? i seriously need help!!!
    thankyou

    • Immigration Pty Ltd

      Mitchell
      Where are you from and did you protection visa application have any real claims in it?
      I’m not sure that the RRT will take 2 years. They are usually quite quick if applications have little or no merit.
      You have no real options in terms of onshore applications now. However…
      Do you have any history of other applications before the Protection visa application?
      I need more info to be able to offer any opinion.
      Grant Williams

      • Hi,
        Thank you for your respond Mitchell. Yes, of course my visa for protection has a real claim, i left my country because my life was in danger in my own country. The fastest and easiest way to go abroad at time was Australia so i applied student visa to hide my self here. On 2010 my back home my family faced a serious problem those people whom i am feared with came to my home and attacked my family member (mother), result she was hospitalized for 46 days and had to do couples of major operation. I have proof of every things what ever i told you up. On April 23 i had a interview with immigration a weeks ago they send me letter and told me they refused the application and if i want to have to go RRT. I applied RRT but whatever the decision i got and the points for refused the application does not make any sense to me, I don’t have any relatives in Australia and work right either to survive myself and facing a serious hardship. I don’t know what to do?????

      • Immigration Pty Ltd

        Mitchell I’m pleased to know that you have attempted to make a Protection application that has some foundation.

        Most lodged onshore do not.

        The problem you face, and you have still not told me where you are from, is that you must meet the United Nations definition of a refugee. From what you’ve said here it sounds like you have some sort of civil or criminal dispute that has turned violent in your country. Immigration would see this as a matter to be taken up with the local police. To get refugee status you must prove that you are being prosecuted because of your race, gender, political or religious beliefs by some organised powerful group in your country – the army, the police, the security services, the church but not by criminals or as part of some inter-family dispute.

        It seems to me you do need to get some advice if you intend to go ahead with your RRT application. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  164. Dear Grant,
    We are on bridging visa A, with 2 kids from 485 application (previous international doctoral research students with 574 visa)
    do we have to pay primary/secondary school fees in Victoria? do they get discounts on school fees ?
    do we have to buy private health insurance?
    we did not pay our kids’ school fees as we were research doctoral student, visa 574. Wondering if that will continue? Can you please help for further info, websites etc? thanks

  165. Dear Grant,This is sova actually I applied Tr on commercial cookery on jan 2011 and now I am in India with Bridging visa B and the Bv is expires on 3rd 2013 but now suddenly my case officer asked for some documents but is there anything like I have to back within 28 days or I can stay here.Actually my father is serious ill he got kidney failure with high diabetes so what I can do in this situation.Can I request diac and stay here for some months or I have to back .

    • Immigration Pty Ltd

      Sova
      If all DIAC is asking you to do is provide some documents they can be uploaded or sent from anywhere. There are no rules about where you must be when you provide requested docs. However you will need to be in Australia in order for DIAC to grant the 485 visa. Once you have it you can go straight back.
      Grant Williams

  166. Hi Grant

    I just wanted to thank you sincerely for all of your hard work and kindness to the people who write in to you. When we applied for a spouse visa, my partner was on a BVA for 5 years before his visa was granted. He had work restrictions for about 3 years during that time.

    It was a truly difficult time, so I can understand some of the frustrations and uncertainty experienced by the people who write in to you. I really appreciate your efforts to help them, and I am just so pleased that people like you exist in this world.

    From a fellow lawyer, all the best.

    • Immigration Pty Ltd

      Wow Shadia 5 years on a BV for a Partner visa that is terrible.
      At least you got there in the end thankfully
      Thanks for the comment
      Grant Williams

  167. Hi there!
    Great blog!!! I would looooove some advice please.
    I have been married for nearly 4 years and we have 2 beautiful girls. I am Australian and my husband from the EU. He was granted a bridging visa A with visa condition 8101: no work last week.
    My husband wants to be able to work. Our problem is not a financial one so much. The extra money would obviously help as we would like to save for a home and send our girls to a private school. We have savings but we don’t want to eat into them and i work part time. My husband is very hard working and has found it very hard being at home and not employed. He feels as if he is losing his ‘self worth’!
    If we applied via Form 1005 for a bridging visa where he could work would we be wasting our time?
    Thanks so much.
    Keep up the great work!!!

    • Immigration Pty Ltd

      No Debbie
      For most of us it’s not too hard to show that weekly expenses , when you count everything worked back to the cost per week, are greater than or equal to weekly expenses esp with 2 kids. Make up a schedule of Income and Expenses. provide as much supporting evidence as you can.
      Really your husband should be granted direct PR quite quickly if you have lodged a complete Partner application.
      Grant Williams

  168. Ok. Shall do. We are in a very fortunate situation where we have been given self contained accommodation by a very generous relative. We live in an apartment attached to their home and they do not take ANY money whatsoever. They said they would do this until his visa was granted. At the same time i do not want to be a burden and would obviously prefer to leave. We have applied for Partner visa application. We have not yet been to the doctor though for his examination.
    When you say quickly how long do you forecast? In the letter we received it said from 6 -9 months which shocked me. Should i put my husband on my private health insurance policy or get him to renew his travel insurance. What do you recommend? My expenses are petrol, food, car insurance, car registration, swimming classes for my daughter, lots of nappies :) and telephone. I pay no rent, electricity of water. They do not accept anything. Should i still lodge it?
    The other thing that worries me is that if i lodge it will i have to look for another sponsor? Would they turn around and say i am ineligible to sponsor him??
    One last question, is he entitled to do short courses now like a WEA language ESL course. He wanted to enrol himself in one but we were worried about any study restrictions.
    Thanks so much. This is such a great blog for people like me who feel very lost in this immigration backwash!!! Patience is a virtue!!!
    All the best!!

    • Immigration Pty Ltd

      Debbie Yes its; worth applying just make sure you get every expense..Remember some are yearly and you need to divide by 52 to get the weekly value. Medicals are through Medibank Health Solutions only. Google them. If an application is decision ready / perfect it can take 1 week. If not it can take any amount of time average 9 -12 months. Health Ins is not compulsory. No he cannot study if the condition says no study. You can ask them to change that at the same time. Grant Williams

  169. Hi Grants,
    My situation was a bit complicated so I would urge you if you could help me in my case.
    Since I finished study and applied for another course in early 2011. I got refused for that second student visa and go to the path to apply for MRT for review just to buy time. Now that me and my Aussie partner got married in Australia last April, could I apply for a spouse visa onshore whist my current MRT are still being processed?
    And also we are planning to go back to have the wedding in our country this July, would we be able to do so? Could I apply for a bridging visa to go for 3 weeks? If it was possible, should we use this chance to go and apply for an offshore application and come back to Australia?
    It was a very genuine relationship case but due to some hiccups that we had, may be not very convincing to the DIAC. So I’m very worry and very appreciated if you could give me some advice.

    • Immigration Pty Ltd

      Nathan
      Sounds like the best adice I can give is go and getn someone to help youm withnthe application. From what you say you will not be able to apply onshore. 2 bras to this s48 which you can get around. Schedule 3 which you cannot get around. Apply offshore but get someone to look at this before you do. Yes you’d get a BVB if you currently have a BVA for 3 weeks.
      Grant Williams

  170. Dear Grant,
    I would appreciate if you could answer my 2 questions,
    1) Under current rules, which option is quicker 885 or 886? Reason for asking is that one of my friend got sponsorship from VIC. However, his lawyer strongly recommending him to apply for 885 instead.

    2) I got allocated case officer, he advised that my application would be finalized soon. Do we require to stamp physically on passport or its electronic one. As my overseas police clearance has been expired and I was thinking to submit my passport to get new police clearance. If I submit, it might take long time and thus I couldn’t get even 485 visa on time due to unavailability of passport?
    Thank you so much for bountiful work…

    • Immigration Pty Ltd

      Always better to apply independently if possible. No difference in processing time. Basically all visas are linked to your passport number now. So electronic. However depends where you’re going as not every place on the globe is good with that idea. I’d get the visa label in my passport if I was you once its granted. Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  171. hi grant
    i am on visa e. as i was illegal with out receiving section 20 from my collage, when i tried to apply my another visa i came to know that my vissa was canceled before 3 months . can i apply for mrt to stay back for 5 months

    • Immigration Pty Ltd

      Amjr
      From what you say the deadline for an NRT application to review your visa cancellation passed at least 2 months ago. So no you cannot.
      Grant Williams

      • hi grant
        the ting is i went to mrt and i payed for mrt . i got acknowledgment, but i am confused how many days it will take to give decision on me weather to stay
        are leave . can u plz help me how many days can i stay hear

      • Immigration Pty Ltd

        ajmr If you have managed to lodge a valid MRT application and they have taken your money you can stay until they make a decision. Can’t say how long as you do not say why you are at the MRT or which visa or bridging visa you had when you made the MRT application. Basically if you were on a BVA you stay on the BVA until the MRT decide. This could be a month or more than 2 years depending on why you’re there. Grant Williams

      • hi grants
        thanks for ur time .when i came to that my student vissa was canceled 3 months before , i attended in person to diac they told me that i have to go back my country because i am out of time and issued visa -E which allows me to plan my travel in 2 weeks, which is expiring on june 5th
        i asked for mrt . the diac told me i dont have rights to review, but when i applied mrt i got acknowledgment , my mrt fees is detected from account, but i dont know what will happen to my application . will it be considered,the collage where i studied did not post me the sec20 letter at all to me

      • Immigration Pty Ltd

        I have not seen your paperwork but from what you say it seems to me that DIAC are correct and you are well outside the MRT deadline. I suspect the MRT will check your application and find that it does not have jurisdiction to look at your case and refund your fee. Grant Williams

  172. lotus29x@gmail.com

    Hi Grant,

    My partner came across from the UK in Aug 2011 on a prospective marriage visa subclass 300. this was through an agent in the UK an it took 6 months. We were then married in Sept 2012 and lodged the partner visa soon after. We did this without an agent and we were told medical and police checks were valid for 12 months from the subclass 3oo application. My husband is now on a BVA since May 2012. Now 9 months since lodging. Q. Is it too late to lodge a descision reay checklist? How do I find out where we are at as each time I call Immi i get the usual response of 9-12 months waiting. ? Having difficulty with employment as nop\ documantation on work rights on BVA. Is there a way of getting something from immi aside from electronic VEVO as employers are asking for evidence at time of interview which we don’t have?

    • Immigration Pty Ltd

      lotus The decision ready ship sailed at time of appliucation for the partner visa so no you can’t go back to that option.
      VEVO is the place to print out the conditions on his BVA. Log in and print out the screen. Any employer can do this if you give them the personal info it asks for to make an enquiry.
      Partner waiting time is 12 months if not decison ready at time of application.
      Grant Williams

  173. Good day Grant,

    I just want to ask, I’m on a Bridging Visa B and I traveled back to my home country last year december 2011. I wish to go back home again by this year Dec 2012 and just wait overseas till my 485 visa is granted. Can I apply again for a Bridging Visa B so I can go home on Dec 2012? Do I need to show that I work here in australia so that I can apply for another Bridging visa B?

    Cheers!

    • Immigration Pty Ltd

      Yes you can apply for another BVB but DIAC will check to see how close your application is to being processed. If it is close you will not be given a BVB. Work is not relevant to a BVB decision.
      Grant Williams

  174. Hi Grant,

    Thank you on behalf of all immigrants trying to start a new life in Australia. I tried to go through all the questions but as there are so many I decided it’s easier to just ask you especially as no two cases seem to be the same.
    Now my problem!
    My fiancee, Barry and I are from Ireland and were on 1 year holiday visa (can work for 6 months for 1 company) expires the 8 June 2012. Barry’s company are sponsoring him we meet all the requirement so don’t think we have any problem getting the 457 visa. We been granted a BV I’m assuming A even though on the confirming email it does not state.
    My problems are:
    1) Can I go back to my old company that I already worked for 6 months even through I’m not the primary person on the visa applicant?
    2) My company wants confirmation of me been able to work for them how can I get this for them?
    3) If I’m not allowed to work would I be able to apply for finance hardship even though Barry is on $60,000 a year?

    I would greatly appreciate your response.

    Cheers,

    Sue

    • Immigration Pty Ltd

      Susan
      The BVA when it starts after your current visa expires is a new visa, so when it starts you can start the 6 months again on this work limitation. In any case if the whole 457 process is well handled this visa should only take a couple of weeks.
      Grant Williams

  175. ehsanroohigohar

    Hi Grant,

    Thank you for your great blog.

    I have a question about late submission of supporting documents for 485 which I wish you could possibly help me on that.
    I have done a terrible mistake and submit the documents for my TR application 3 months after submitting the TR application. However I still don’t have CO and the upload link is still working. I am not sure if my application will get refused or approved? Do you have any idea what will happen if CO find out I sumit the supporting documents 2 month after 28 day of submitting my tr application?
    I already upload all the evidence which all of them where ready before submitting my application ( they are all dated except F80 and F1221 which I filled today).
    Would you please advise me what should I do?
    Do I need a migrant agent to follow up the case?
    Thank you
    Ehsan

    • Immigration Pty Ltd

      Not really sure. Possibly nothing if all the documents were valid as required at time of application. In other words the dayes on them show they were actually available at time of application. For example you must have applied for your AFP at the date of application if the evidnece you submitted says that’s correct it may be fine. However if you got them all after you applied it will not be OK. Yes they will notice.
      Grant Williams

      • Thank you for prompt reply.
        Yes, all of them except my country police check (which I haven’t got it yet) were ready before and dated before submitting the application. I just didn’t upload them as one of the immigration officers in DIAC office told me I can send them all upon case officer request. But yesterday I just noticed about that 28 days rule in the DIAC email.
        Thank you again.
        Regards,
        Ehsan

      • Immigration Pty Ltd

        Should be OK but it may be worth telling that story when the case officer opens the file.
        Grant Williams

  176. hi I have confusion that I have got bridging visa e and now my employer wants to sponsor me on 457 so do i need to get leave Australia once and am i allowed to do that on bridging e?

    • Immigration Pty Ltd

      Aarti
      Yes you can leave on a BVE. Yes you’d have to leave to be able to lodge a 457. However it may depend on why you are on a BVE. If you last visa was cancelled by DIAC for some reason or you’ve been unlawful you will almost certainly have a 3 year application ban.
      Grant Williams

  177. Hello Grant. Thank you so much for providing helpful information here.

    I only have one question and would greatly appreciate your reply.

    I got Master of Pharmacy degree(2 year full-time) from Australia in Dec 2010. Then from Feb 2011 to Jan 2012 I did one-year internship (pre-registration year) which is the mandatory requirement for registering as a pharmacist in Australia. I got full pharmacist registration in April 2012.

    My questions is : is the one-year internship recognized as work experience which is granted 5 points?

    Now I have 60 points (age 29, IELTS 7 in each aspect) so this 5 points is the key point and will determine whether I am eligible for 885 visa. I have consulted Australia Pharmacy Council which is the assessing authority for retail pharamcist. They said they do NOT recognize the one-year internship as work experience as it was a mandatory part of gaining pharmacist registration. But on the other hand, it was paid full-time work AFTER graduation and obviously it is closely related to the nominated career. Also I do know people who are in the same boat with me but have applied for 885 and are now waiting for the result. Since rumor are spreading saying retail pharmacist will not be on the SOL after Jul 2012, I am really trying my best to put in my application for 885 before that.

    You reply would be significantly appreciated. Millions of thanks!

    • Immigration Pty Ltd

      Vivian
      I think the answer may be no as DIAC only count post qualification work experience and the internship is part of the qualification. Have you considered employer nomination?
      Grant Williams

  178. Dear Grant ,my friend flew to overseas on 10th of april and had return ticket of 31 of may ,he was on MRT from 2010 and had got BVB till 31st of may ,on his return day his father died so he had to stay there to conduct a ritual ceremony for 13 days according to his culture/tradition .can u help him how can he come back australia ? thanks so much in advance.

    • Immigration Pty Ltd

      Megh
      Where is your friend?
      He needs to go to the nearest Australian embassy and ask to speak with the senior migration officer and take proof of his booked and paid for ticket he did not use and the death certificate for his father. generally in circumstances like this DIAC will be helpful and give him a visa to return. However they may also look at why he is at the MRT and if his MRT application has any merit at all. If he’s just buying time withhis MRT applcation he can expect a less helpful response.
      Grant Williams

      • Megh Kunwar

        Thanks Grant, i will tell him to do so but will be back to bother you if anything goes wrong.Thanks so much

      • Immigration Pty Ltd

        Sure you will – there are never any guarantees in situations like this unfortunately.
        Grant Williams

      • Megh Kunwar

        Dear Grant ,
        My friend is in Nepal and there is no Australian Embassy in Nepal ,he has to go to New Delhi, India and he will go there as soon as i get response from you this time.I have already talked to him whatever u have said to me .He has all documents which you have mentioned above.Just confusion ,does he have to request to speak to seniors officers?,dont they mind demanding for senoirs to speak ? he is in great problem so would you mind writing a bit more/longer how should he present there please? just eagerly waiting for you answer.Thank u so much in advance.

      • Dear Grant ,
        i just got a message from my friend who got reply from new delhi embassy that tells..”this is to inform you that you do not hold any valid visa for australia as you WB-020 visa has been ceased”. so what do you suggest in this situation please? Thanks

      • Immigration Pty Ltd

        Do as I suggested. He already knew his BVB had expired. He must make an new visa application and he’ll need the help of the embassy to get this approved (usually a visitor visa) under the special circumstances. They will not do this via email. They may not do it at all they are certainly under no legal obligation to help. Grant Williams

  179. Dear Grant,
    Thank you for the prompt reply. When you mentioned, ” DIAC only count post qualification work experience and the internship is part of the qualification.” did you mean DIAC only count post pharmacist qualification work experience or they count post-degree work experience? The internship was done after the master degree and when doing internship, we were registered with AHPRA as “Pharmacist with provisional registration”.Legally saying, it is classified as pharmacist but called “intern pharmacist”.

    Do you reckon Pharmacist will be taken off the SOL after Jul 2012? If so, then my only chance is to get all 8 in the coming IELTS this weekend….

    As to employer nomination, as there is a significant oversupply of pharmacists at the moment, it is extremely hard to get a job…..the jobs I applied for, they told me they got more than 100 applications for 1 job, and as I am newly registered without much experience, I have not got any job offer yet….

    • Immigration Pty Ltd

      No one is an expert on the ins and outs of all occupations. However I am of the view that DIAC will see the internship as ‘still in training’ or not yet qualified. You said it yourself – Pharmacist with provisionalregistration. No idea what will happen with the SOL. Often their changes seem almost counter intuitaive. Best to get the IELTS asap. Keep applying for jobs. Grant Williams

  180. Dear Grant,
    First of all I would like appreciate your service which is so help full to many of us where we are not getting correct advise even though we are paying.
    I have been following your information since 5 months.

    Here I have a problem with my migration agent information.

    After my student visa was rejected for not submitting a document i applied for MRT in March first week with a Migration agent. Later on according to my wife Australian qualification we found a sponsor for 119 (RSMS). We got RCB approval for that on March 12. It took long time to submit the employer side documents. The agent was preferred by employer.
    Now it’s a peak time to lodge before 1 st July 2012. He send me an email stating that
    “[ IF SOMEONE BARRED S48 (waiting MRT) there are only few applications which they can apply for while onshore unless the Minister exercises his discretion and removes the bar.
    In your case, need to apply for a BVB to go offshore so I can lodge SC119. You can then return to Australia to await the decision in relation to SC119. you to receive a pre-grant notification for the client to go offshore to enable visa grant ]”
    I got the above suggestion through email .
    As I have knowledge by contacting DIAC office We only need to leave the country while to pre-grant the visa not to lodge the visa even though on MRT.
    But he is not accepting with the DIAC information.
    Please send me any direct link along with your information. SO I can suggest The Migration agent.

    Thank you very much for your time .

    Kind Regards,
    Gandhi

    • Immigration Pty Ltd

      Ghandi

      You might want to go to this link and have a read…

      http://www.immi.gov.au/skilled/skilled-workers/rsms/eligibility-employee-subclass-119.htm

      especially this bit…
      Limitation of applications

      Applicants who are already in Australia may have a restriction on their current visa that prevents them from making an application for another visa.
      See: Information form 1026i – Limitation on applications in Australia ( 52KB PDF file)

      Grant Williams

      • Thank you very much for your reply. The link gives the information about RSMS. We have fulfilled the requirements for RSMS. My concern is S.48 bar information and link. Yesterday I called to DIAC and they said as we are on MRT so we have to be physically offshore to lodge 119. Is that true?
        2nd concern is I want to go to newzeland to be offshore which saves me from time and lot of expenses. I want to go to newzeland next week do my agent want to lodge 119 next14/06/12. Do newzeland give tourist visa for us for 10days ?
        If we say the reason that we have to be offshore for our new visa119?
        Another concern is can we say same reason to Australian DIAC to be granted for BVB?
        Is that ok!
        Thank you v much for your help and time.

        Gandhi

      • Immigration Pty Ltd

        Ghandi If you read the link I sent you and the section I pointed out to you and went to the DIAC info form it gave you the s48 information. DIAC have told you the same thing. Yes they are correct!!! You will need to remain offshore until DIAC receipt the 119 application. Offshore is anywhere that’s not Australia. No idea about NZ visitor visas. The BVB question is up to DIAC. Grant Williams

      • Thank you very much for your time and patience answer. I got my BVB. I told them the correct reason why I need it. Next I am going to NZ office directly from Brisbane with same reason. Hope I get it in time.
        Thank you once again

      • Thank you very much for your reply. The link gives the information about RSMS. We have fulfilled the requirements for RSMS. My concern is S.48 bar information and link. Yesterday I called to DIAC and they said as we are on MRT so we have to be physically offshore to lodge 119. Is that true?
        2nd concern is I want to go to newzeland to be offshore which saves me from time and lot of expenses. I want to go to newzeland next week do my agent want to lodge 119 next14/06/12. Do newzeland give tourist visa for us for 10days ?
        If we say the reason that we have to be offshore for our new visa119?
        Another concern is can we say same reason to Australian DIAC to be granted for BVB?
        Is that ok!
        Thanks heaps in advance.

  181. Hi Grant ,
    My case is bit different from other I need a good suggestion I went through agent but non of them responded me good suggestion. Hope you will help me out. I have been in Australia for 4 months and I am currently holding refugee visa and I am with my family but now i want my boyfriend to come with me so that we can get married and live together ? Which is the easy and fast way to get him here with me? Some of the agents said that it will take me 4 years until i get my Australian passport and only i can invite him here.Hope to get good suggestion from you.
    Thanks for you time.
    Roja

    • Immigration Pty Ltd

      Roja
      This is not my area. I do not work in refugee / humanitarian applications. You need to consult a specialist in this area. Sorry.
      Grant Williams

  182. hi grant,
    i am holding BVA and i would like to visit newzealand. in that case what should i do. thanks.
    japjeet

  183. HI Grant,
    My name is Sharon. I have lodged my mrt and my visa status is bridging visa E and my partner is on spouse visa with me and he is on bridging visa A . Can u please tell us after finishing my degree on march 2013 … Can We apply for permanent ? And before that can my spouse travel overseas?

    Thank you

    • Immigration Pty Ltd

      YOU SPOUSE NEEDS TO APPLY FOR A BVB.
      After the end of this year you will only be able to make a Skill Select expression of interest and hope that you get an invitation. There is no BV form this new type of application so staying here while you wait will require some other visa application.
      Grant Williams

  184. Hi Grant,
    I’m very grateful that i found your blog, it does really help me a lot..
    My name is gede, I applied for Visa 485 couple days ago and I’m on BVA now, I graduated from my diploma in december 2011, and went back to Bali for nearly 6 months, so it is basically I applied my 485 near the deadline.

    Because I came back to Australia and applied my 485 on Visitor visa that makes me have no right to work, since I heard visa 485 takes long time.

    1) Is that true visa 485 takes up to 12 months to be granted, and how long usually it takes ?

    2) Could I ask them for permission to work under BVA,since my student visa expired on january and i use visitor visa to come here ? if yes how and will it be likely to be granted ?

    3) is that alright if I apply for BVB to go back to Bali, since I just came to Australia.

    • Immigration Pty Ltd

      Gede
      1.Yes
      2.Yes but you will need to demonstarte financial hardship.
      3.You can apply for a BVB but you’ll need a reason and BVb ususllay only a short term visa unless you need to travel for work – sent o/s by your employer
      Grant Williams

  185. hey grant , i have been living in aus from last 4 years. i didnt finish my study . and 5 months ago i applied for tr now i am on bridging visa a .now my owner is ready to sponsor me ,is there any chance for sponsorship visa ? can u tell me the solution what should i do ? thx rish here

    • Immigration Pty Ltd

      Rish
      Not enough info to have any hope of answering your question. Sounds like there is a lot more to your story. You need to get profesional face to face help.
      Grant Williams

      • I didn’t finish my study and my student visa has finished .i have applied fake tr . Now I m on bridging visa a . Now my owner ready to sponsor me . Can u tell me is there any chance of get a sponsorship without study .

      • Immigration Pty Ltd

        You will not be able to get employment sponsorship without a relevant academic qualification. Some occupation allow you to substitute relevant work experience of 3 or 5 years for a Diploma level qualification. However most occupations on the employment sponsored occupations list require the applicant to be qualified. Grant Williams

  186. Hi Grant,
    I applied to 485 visa 7 months ago and I have been on bridging visa A since then. Yesterday I checked the online status of my visa and I realized a condition 8501 health is attached to it. Since I am not a student anymore I did not renew my OHSC after it ended. The emails that I received after my application from DIAC do not include this condition and also checklist doesn’t have this condition. I am worrying about that my application will be refused. Am I in trouble? Will my visa be refused after I got a case officer?
    Thanks in advance

  187. Thank you for your support and answers Grant..

    So, how could I show if I’m on financial hardship ?
    and are there any requirements or tips for that ?

    Thanks in advance. .

  188. you are doing good job. My question is that i came on student visa in australia than after two years applied again for student visa that was refused and i had applied MRT for the student visa. In meanwhile i found employer to sponser me on basis of previous certificate. After applying for PR through ENS can i withdraw MRT file or i have still wait for MRT decision after applying PR

    • Immigration Pty Ltd

      Raman, You have had an onshore refusal so you will need to be offshore when you apply for ENS. If your get ENS PR 121 visa you can simply withdraw the MRT. You will lose your application fee.
      Grant Williams

  189. I forgot to ask the other question, since i just got my BVA around 7 days ago, what happen to me after 28 days ? and could i apply working permit (with financial hardship status) because I just got this visa and not even 28 days.

    Thanks in advance. :)

  190. Ups, sorry. I just realised, my tourist visa was granted on 04 june 2012 (will be expired on 04 sept 2012 )
    I applied my visa 485 using visitor visa on 6 jun 2012.

    Does it mean am I still on Visitor visa ? or am I on BVA now ? because if i’m not wrong, BVA effects after my visitor visa expired, is that true ?

    if that is true, could I change my visitor visa into BVA to make me easier to work ?

    Once again, I’m really sorry for such a mess questions, I would really like to say Thank You for your time and information to me.

    Hope all the best.

    • Hi grant

      we applyed for protection visa in 2008′ one timd got refused then again got approved fromRRT. now we r on briging WA010 VISA me n my patner n baby. my dad is very sick wants to meet us. do u think we can go to india fir few week. will it be safe to go.

      • Immigration Pty Ltd

        Arman If you’ve had a Protection visa refused and the RRT has refused your case how are you still here and ona BVA?
        Anyone on a valid BVA can apply for a BVB but it depends on your current position and pending status…what’s about to happen
        Grant Williams

  191. Hi Grant,
    I am ready with all docs to apply for 885 visa, just waiting for my 485 granted. I have got case officer allocated since last 3 months. Whenever I inquire he says I am seeking to finalize yr application. Now, unfortunately chemist would be out of SOL after 14 days. So no sense even if I get 485 granted after 1 July. Just wastage of 3.5 years of PhD and 1.5 years waiting for 485. Could you please suggest any way to escape this issue please.
    Thanks in advance for your valued response.

  192. Dear Grant,
    I am a dentist on the business 457 long stay visa which was being sponsored by a dental recruitment company who then contracts me out to dental practices. I had to quit my last job as I felt unsafe, since then the dental recruitment company has been presenting me with jobs that are many hours drive from my current residence of which I have been living for more than 3yrs with my Australian partner. I could not just pack up and move due to this. I tried searching for jobs myself, but it’s difficult to satisfy the full time position that the dental recruitment company requires, and therefore has not been unsuccessful. They gave me an ultimatum that if I keep denying the positions they presented to me by the end of the month (May), they will terminate their sponsorship. This has come to pass. I have lodged the onshore partner visa/residency and was given a Bridging visa A before the sponsorship was terminated. However, the BVA has the 8107 visa conditions that I must not change employer or occupation, of which I am immediately in violation of due to the termination of the sponsorship which I foresaw and was the reason as to why I have lodged for the partner visa in the 1st place to enable me to continue my relationship with my partner in Australia.
    I have emailed form 1005 to change the visa condition to partner.temporary.qld@immi.gov.au. This is the 7th working day after submission, and as yet have heard nothing except for an automated reply which says they will get back to me in approx. 5 working days. I just sent a physical copy to the partner processing center today due to worry. My question would be do you think I will have a good chance that they will change the bridging visa condition? and how long does it normally take to process this request? I am worried I will be in violation of the BVA and will have to leave the country within 28 days of the cessation of the 457 sponsorship not having a chance for my partner visa lodgement to even be considered. If this is the case, I wouldn’t even know when I have to leave since I have heard nothing back from DIAC.
    If you could offer any insight, it would be much appreciated. Many thanks, Lily.

    • Immigration Pty Ltd

      Lily
      First it can take a couple of weeks to process these requests and it may also depend on the evidence you’ve given with the 1005.
      Although you have a BVA this will only come into force when your 457 visa expires. However as your sponsorship has been withdrawn DIAC will contact you usually with a Notice of Intention to cancel your 457 visa asking you to comment as to why they should not proceed to cancel. If they do cancel your 457 this will also cancel your BVA for the Partner visa and you will be unlawful. You would then have to apply for a BVE on the basis that you aheva PR Partner visa application lodged. They will grant the BVE and then you’d have to apply to change the NO WOrk on the BVE on the basis of financial hardship.
      I hope you lodged a perfect Partner application and that they will process it quickly thus solving this problem.
      You can also voluntarily cancel your 457 and get a BVE as above but by your own hand.
      Difficult situation.
      To answer your initial question I doubt they will change the conditions on your 457.
      Grant Williams

  193. Thank you, Grant. It is extremely reassuring to know my options. I can’t say thank you enough for you and your blog.

  194. Hi Grant,

    I came across this blog and I found it very informative. I have aconfusion with my current status here in Australia. I am on student visa and it will expire on September before I finish my Bachelors of Nursing degree on either November or December. I got married to an Australian citizen last July 1, 2012 after being together for almost a year. We are not living together and sharing expenses.

    1. What do you think will be better for me? to apply for my student visa extension until I graduate and then apply for Permanent residency? or apply for temporary partner visa.

    2. If I apply for temporary partner visa, am I going to be limited to work just like what my visa condition on student visa of 40 hours per fortnight? On the time of lodgment of the application for temporary partner visa, what will be the visa that I will hold on to?and will the allow me to work fulltime?

    Hope to hear from you soon! Thank you in advance.

    • typo error * We are living together and sharing expenses since we moved in together.

    • Immigration Pty Ltd

      Hi Anna
      I have the feeling i’ve already answered this question before.
      Maybe that’s just me??? I assume you married in July 2011 (not 2012 which would be difficult right now)
      Apply for the Partner visa, make it decision rady and it will be granted very quickly.
      You lodge and stay on your Student visa till it expires and you have to kkep studying. Once it expires you go onto a BVA but if you organise the Partner application properly you should get the 820 onshore TR visa before your Student visa expires.
      Grant Williams

  195. hi sir am having question regarding BVA. i have applied for 885 GSM in april 2011.my student visa has expired on march 2012 & i ceased student visa going out of country even though i came back in febuary 2012 when visa was still valid. Someone just suggested me am supposed to apply for BVA after coming from overseas but its already been 2 months late, Can u pls tell me can i still apply for BVA staying in australia. thanks

    • Immigration Pty Ltd

      Sophie. From what you say you left Australia oand returned to Australia on your Student visa which then expired in March 2012. So you returned while your student visa was still valid. If this is the case you are now on a BVA in relation to your April 2011 885 application . THis BVA became your visa when your Student visa expired in March 2012.
      Am I missing something here? Just because you travelled on your Student visa does not mean the visa was ended. If that were the case you could not have re-entered Australia.
      Grant Williams

  196. Oh sorry, wrong information, I mean June 1,2012 when I got married. Is it possible for me to apply partner visa and get the TR before my student visa expires? thank you

    • Immigration Pty Ltd

      Anna

      Yes that does change the situation. You can apply as you have a qualifying relationship – married but you still need to prove that the relationship is genuine. So I ‘d hold off and lodge a couple of weeks before your Student visa expires so you can put together enough relationship proof.

      Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

  197. Hi Grant. I came across this thread while searching for an answer to my question. I hope you can help me out with it.
    I was on a student Visa till the 15th of march, and had applied for my Skilled Migration visa a month before. As a result, onwards from 15th march, I am on Bridging visa A (even got an email).
    Till now, I have not been contacted by any case officer, nor any news about the progress of the application has reached me.
    I need to go overseas for atleast 2 months during the months of november and december, since I am getting married.
    So my question is
    1) I presume I have to apply for BVB?
    2) Is “going to get married” considered a substantial reason?
    3) How long does the procedure for BVB take? How soon should I apply?
    It would be great if you could help me out.
    Thanks!

    • Immigration Pty Ltd

      Mrigank
      Yes
      Yes
      Apply 2 weeks before you wish to depart. It’s an over the counter application approved on the spot.
      Grant Williams

  198. I just realised, my tourist visa was granted on 04 june 2012 (will be expired on 04 sept 2012 )
    I applied my visa 485 using visitor visa on 6 jun 2012.

    Does it mean am I still on Visitor visa ? or am I on BVA now ? because if i’m not wrong, BVA effects after my visitor visa expired, is that true ?

    if that is true, could I change my visitor visa into BVA to make me easier to work ?

    Once again, I’m really sorry for such a mess questions, I would really like to say Thank You for your time and information to me.

    Hope all the best.

    • Immigration Pty Ltd

      Gede You are still on the VV and will be until it expires then the BVA willbe your visa. No you cannot change it over. Not possible. Grant Williams

  199. Dear Grant,
    What a great person you are… taking time to respond to all those questions!

    I’m currently on a 457 visa, which will expire on 31st of July 2012. I’m covering a maternity leave and my contracts end the 6th of July, however my 457 was granted till 31st of July.

    I’ve lodged my Partner 820/801 last week and today I have received the acknowledgment of application letter, stating there is a 8107 visa condition on my BVA. I am confused now: I’m not allowed to cease or change work, but they know my 457 expires on 31st of July. Do they mean that till 31/7 I am not allowed to cease or change work?

    As said, my contract ends on 6th of July and me and my partner have decided to take this opportunity to go travelling together for 3 months before returning to Australia. I will also return for a short visit to my home country to say goodbye to my family and friends.Hence, I need a BVB.

    At the DIAC last week they told me I could come in 1 week before our travel date (9th of July) to get my BVB at the counter.

    Will I be fine given that:
    1. my 457 expires on 31st of July
    2. My BVA comes in place, but I’m not allowed to change or cease work
    3. My contract ends on 6th of July –> what happens to my BVA?
    4. We leave for a 3 month trip on 9th of July… hopefully on a BVB

    My 820/801 application was (as far as I know) complete, including all medicals, police checks and documents, so I’ve still got my fingers crossed that the visa will be granted before the 6th of July… However, I would like to find out if there is anything I can do to keep the BVA (as my 457 expires) and get the BVB

    Many thanks for any advice!!

    • Immigration Pty Ltd

      Cafra
      1. No you cannot get the BVB until the BVA is active and that’s when your 457 expires.
      2. You can apply to change thsi work condition. Form 1005.
      3. BVA starts when 457 expires
      4. I don’t think so.
      5. Let’s hope you get th=e 820 or you will need to reschedule your trip.
      Grant Williams

      • Dear Grant,

        Thanks for your reply. I went to the DIAC office in Sydney last Wednesday and explained my situation. She told me I should not worry and gave me a Bridging B on the spot. When i shared my concern once again regarding the 8107 visa condition and the fact that I will cease my job 2 weeks prior to expiry date of my 457 (and my employer has to notify DIAC on the 16/7 the latest that I don’t work there anymayore), she again confirmed that I should not worry and that I could lawfully return to Australia in October. She even told me I have the right to start working again (even though I have the 8107 on my BVB).
        When I asked her on which visa I would come after my return, she told me I would stay on my BVB… which I again did not understand as BVB only gives permission to travel. She kept confirming I would be fine.

        My new BVB will expire on 15/10 and I return on 30/9, so I guess, when I return I will have 2 weeks to organise antoher solution in case something goes wrong.

        I’ve got the feeling I’ve tried everyhing to make sure I’m doing the right thing, but I’m still confused and worried. I am considering calling the CSRS, to double check.

        What do you think? Wise to double check or even go back to DIAC Sydney office?

        thank you again,

        cheers!

      • Immigration Pty Ltd

        Cafra If you’ve got the BVB it’s all good. Not sure how this has happened given the info you originally gave me that your visa expires in July 2012. What is the grant date on the BVB… when does it start? Grant Williams

    • Hi Grant,
      This reply is probably not going to show up in the right place in the thread…anyway. I just went to the Sydney office, showed my 1006 form, explained my situation and she just put the BVB in my passport. All very quick. Don’t know why, maybe it’s because I am already so close to the expiry date anyway.

      Just to be sure I called the CSRS and they also confirmed that I’ll be fine, given the fact I’ve already applied for another visa (partner). I might not be able to work when I return, but that’s fine for me.

      Just checked the label in my passport, the label was granted 20th of June, so looks like it’s already valid now (even though I’m just leaving on 9/7) till the 15th of October.

      Anyway, I was very relieved after my call to CSRS when they also confirmed I would be fine.

      thank you Grant, for your reactions and time,

      Regards, Carolien

  200. Dear Mr williams i need your big favour. i applied for Visa 885 on 31 august 2008 but i left australia on 8 april 2010 due to some problems. now in feb 7, 2012 but due to my nedical reasons i was hospitalised and was not able to moitor my emails. yesterday 18 june i came to know and i replied to my case officer that for some medical reasons i could not access my email. however, he asked me to provide some documents along with the evidence to return to australila. now as my bridging visa A was expired long time ago when i was in India. now, I don’t know which visa i should apply to come to australia as unless and until i reach australia they can not take decsion to my PR file as it was onshore file. i have only 28 days with me please provide me any suggestion.

    • Immigration Pty Ltd

      Amit
      You have a major problem. If I was you I’d go personally to the nearest overseas Australian embassy and take the email about your travel and ask if they will be willing to help you to get a Tourist visa to allow you to get your PR.
      They don’t have to as you have basically done this to yourself.
      Grant Williams

  201. Hi Grant,
    Thanks for your valuable guidance. Today I got mail from CO saying my 485 approved. :) :)
    I have got around 10 days to apply for 885 as new rule system doesn’t contain my occupation (chemist). my question is “Decision Ready Checklist is available for 885 visa?
    Secondly, my overseas Police clearance has been expired. Do I need it at the time of applying for PR?
    Thanks in advance for replying.

    • Immigration Pty Ltd

      Tauk That’s good news. No there is such checklist for 885. As the police cert has gone in with 485 they will require it next time unless you live o/s for an extended time Grant Williams Sent from my iPad

  202. Dear Grant,
    I have been with my boyfriend for nearly 2 years and moved to Australia with him in November (he is Australian). I am currently on a working holiday visa and we are just about to apply for a de facto visa. I have been working for 6 months in the same job, and my boss has money for two months more work, but I am not allowed to take it because of the restrictions of my working holiday visa. She will sponsor me, but because she only has 2 months money that will mean that my visa would run out in 3 months time. If I accept the sponsorship how would the bridging visa work? Would I be allowed to work elsewhere? Or will it revert to holiday visa-like conditions? Or would I have to display financial hardship in order to work? I have $10000+ savings so i’m not sure that I would qualify.
    Thank you very much for your help in advance,
    Best wishes,
    Jess

    • Immigration Pty Ltd

      Jessicaa
      Thta’s not how it works. You stay on your WHV until it expires or until DIAC grant you a new visa (Partner or 457). So whatever you lodge you still cannot work for the employer any longer. Any BV granted for any application only starts when your WHV expires. At that point the BV is considered a new visa nad the work condition resets and allows another 6 months with any employer. Depends when your WHV expires.
      Grant Williams

  203. Hi Grant,

    My Partner and I are applying for the de facto visa, I am the primary applicant. we have everything but my AFP Police Clearance Report. should we apply now and provide the clearance report later on by mail or email? we want to apply before the end of the financial year in case the application fee increases or anything changes in regard to this kind of visa.

    Also, I have a 485 visa that will expire in May 2013. we have a trip planned for next month and another one the end of the year. will the bridging visa only come into effect after my visa has expired ? which means even if I apply for the partner visa I stay on my 485 and can leave and return to the country as many times as I want until 2013 (given that my visa application had not been processed by then)? or do I have to apply for a Bridging visa B next month and in December.

    Thanks,
    Lyssa

    • Immigration Pty Ltd

      Maria
      All Police Checks must be provided to DIAC as originals so you can’t email it.
      The BV only starts when your 485 expires so you can travel on that visa.
      If all you’re missing is the AFP and you’ve already applied I’d wait until the latest in June 2012 to apply in the hope it comes and the application is complete. I say this taking your word as I have not seen it of course. If it is decision ready you’d expect the visa to be granted quickly – less than 1 month. If not maybe will take 9 – 12 months.
      You can travel all you want on a 485.
      Grant Williams

  204. HI Grant
    I have a question ,actually i applied for a 857 visa for permanaent residencey,bt its refused now don’t know wht we need to do. we are thinking about the MRT ,u think is it will be useful and during the MRT process can we lodge our file again .
    plz advise us ,we r so confuse and tense about it
    Thanks
    Minnu

    • Immigration Pty Ltd

      Minnu
      Impossible for me to comment on your MRT options or chances as I have not seen any of the paperwork and have no idea why DIAC refused your application.
      However you cannot now apply again onshore as you have had an onshore refusal. You would have to be offshore for any future application.
      Grant Williams

  205. hi grant,
    i have submitted my MRT, are we still allowed to remain in australia? we traveled last april 2012, and our visa B will be expired in july, should we apply for BVA uses form 1055?

    • Immigration Pty Ltd

      Aber If you have a BV for the MRT you can stay. DIAC do not require that you convert your BVB back to a BVA. You can do this if you insist but they see it as a waste of their time Grant Williams

      • thanks grant for the comment..appreciate that

      • hi grant, what will happend aftr the 28days? will our BVB changed to other bridging visa while waiting for the mrt? are we allowed to work?

      • Hey Grant,
        love your blog, very helpful and informative. I have a couple of questions and not sure if you are able to perhaps shed some light on for us. two questions;

        1. I lodgged an onshore application 885 back in March 2010 and i had 125 points (5 additional point for NAATI accreditation which i dont have and I dont need) – Looking that the department is processing P5 applications I would like to update the application and remove those additional points claimed – What do I need to do and do we say that it was added by mistake?

        2. My work sponsored me through a 121 application (paper based) but not decision ready as my wife just had a baby and we didnt complete medicals and get the passport for the baby. I wonder if you have an idea on how long it may take to process? I am hearing different stories from 18 days to get the PR up to 9-12 months. I was hoping you can give us an idea If you have dealt with 121’s or anyone on the blog who had a 121 visa granted.

        Looking forward to your response.
        Thanks
        Adam

      • Immigration Pty Ltd

        Adam So you claimed points you did not have and now you’d like to convince them it’s all some type of mistake? They won’t believe you and they can say you have intentionally misled them. This can be a problem for you! You do need to be realistic here and DIAC are not in the business of being sympathetic if they feel you’ve misled them. There is a form you can used to correct incorrectly supplied information – 1023. 121 is an offshore application so you’ll need to be o/s at time of visa grant. Until recently about 5-6 months but there has been a huge surge in ENS applications so I’d suspect non-decision ready may take longer. May also depend on external checks if you come from a high risk country. Grant Williams

      • Immigration Pty Ltd

        No you’ll just stay here on an expired BVB. Nothing to worry about just remember once it runs out you can no longer use it to travel.

        Grant Williams

  206. Hi Grant,
    I am very glad that i found your blog.I have a question.
    ı came to Australia for a language school in November 2011.I have visa till december 2012.After 6 months i changed my mind and I decided to start diploma course at the same college.I finished my language course in May and my diploma course will start in August.Between this courses I came to Turkey.Now I heard that, I had to apply for Bridging Visa because my visa will change from language school to diploma course.Can I come back to Australia with my language course visa and can I apply for new visa in Australia? Or is that possible to apply for Bridging Visa at the airport?
    Thanks
    Gozde

    • Immigration Pty Ltd

      Gozde
      If your student visa is still vaslid you can come back and apply again onshore. I have not seen your visa conditions but it should be OK.
      Grant Williams

  207. Hi Grant.
    My wife and myself were granted a BVA last November for an Aged parent BP804 which has been sitting behind our Visitors Visas until June 12th this year.
    Of course the residency will not be available if we qualify for at least 10 years unless the new regulations starting 1st July dictate otherwise.
    We would like to visit our granddaughters overseas in October for about three weeks, to be there for their birthdays which occur within 2 days of each other, and intend to apply for a BVB to allow us to do this.
    We appreciate and understand the reasons why Immigration like you to be in the country should there be an imminent visa issue but in our case this will be irrelevant for several years.
    Are we justified in asking for a long term BVB in the circumstances as we would like to travel overseas again in the new year and if so what do you think our chances would be to secure it given our circumstances.
    Can we apply for the BVB now for travel in October as short application lead-in times preclude anyone from obtaining competitive flight and hotel charges when they become available.
    We are currently living in Townsville, QLD., and do not see where there is a local office to make a personal application or a facility to apply online so can we assume it would have to be submitted by post.
    This could create a problem of course if Immigration do not accept advance requests with reasonable time scales.
    Could you let us have your valued comments please.

    Peter

    • Immigration Pty Ltd

      Peter

      Yes this is perfectly valid reason to be granted a BVB. There will be no problem given the time it’s taking to get a Parent visa.

      Generally DIAC want an application within 2 weeks of the travel date but it is worth going to see them if possible to see if you can’t a) get it now and b) get a more extended period – even 6 months then you can travel when you’d like.

      I don’t see a real problem by post but why not try calling Client Services in Brisbane and discuss the issue with them they are always helpful.

      I’d leave it for a few days though as all the changes happening on 1 July are making everyone there just a touch frantic.

      Grant Williams

      • Thanks Grant
        Certainly I will take your advice.
        Although probably Brisbane or Cairns would be the closest offices to Townsville, I will call Client Services in Brisbane first in a couple of weeks and see what they say.

        Peter

  208. Hi Grant,

    I am on a student visa 573 valid until march next year. Due to some money constraint, I wont be able to continue my studies further. Also, I have got a really good job offer but they want me to be on a bridging visa. Me and my partner (who is an australian citizen) are thinking to file partner visa. We are staying together for 6 months in aus and have known each other from over 2 years now back from our country.

    My employer has asked me to get the bridging visa in 2 weeks and then only he can offer me that job.I really dont want to lose that job. I know we can marry here and get the marriage registered and then file the partner visa. I will be soon granted bridging visa A, which i can then show to my employer and get the full time job.
    I am also aware that BVA will have the same work restrictions as my student visa i.e 20 hrs per week. But I can work full time until 6th aug as that is when my 2nd semester starts. After that, i cant work full time until i get my student visa cancelled, come on BVE and have the no work right condition removed. This all has to happen before 6th aug. On top of it, We both need to go to our country as well and get married there as per our traditions in front of all our relatives as the marriage here would be just for visa purpose and we will attach our marriage card in our partner application showing that we are going to travel to our country and get married there as well. Now, if I come on BVE I cant travel.
    So it all has to be done before 6th august. I know it all got a bit complicated. Do let me know if you need any clarification.

    What would be the best way to proceed in this case?

    Any response will be much appreciated.

    Many thanks in advance

    Avelyn

    • Immigration Pty Ltd

      Avelyn
      Sound impossible would be my first comment. Nothing in Immigartion happens that quickly and you are making multiple engagements with DIAC processes here.
      The travel + marriage + partner application all needs to happen while the TU573 is still valid.
      Then if that’s what you must do you start to Voluntary Student cancellation – I have a Blog post that details all of this process you can read.
      Grant Williams

  209. Hi Grant,
    I got notice that my RRT interview will held on 26 July. According to your experiences what i have to do on that interview would you kindly refer me the process please. I am scared this time because this is the only chance to prove myself so please share some experiences with me. I don’t want to go the next step after RRT but i want to know what is the procedure, how long does it take , what will be my further step so i will be glad if you tell me something about all this….
    Thankyou

    • Immigration Pty Ltd

      Mitchell All you can do is tell the truth. Clearly DIAC have already decided you do not meet the UN Refugee criteria and the RRT will apply the same standards. It is just questions and answers under oath. How long? Depends on the complexity of your case. There is no next step if you are not a genuine humanitarian applicant. Many people attempt application to the Courts and some write to the Minister seeking a better decision. very very few win at these levels unless there is some amazing miscarriage of justice, legal error or new information. Grant Williams

  210. Hi Grant,
    Thanks for your valuable comments. I was on 485 visa and last week I applied for 885 visa and on BVA for it.
    Now, I have Medicare card, my question is- still do I need to keep my private health cover as condition for visa or not?
    Thanks again.
    Tauk

    • Immigration Pty Ltd

      Tauk It’s a condition of the 485 which is your visa. You don’t have the BVA as your visa until the 485 expires – so YES. Grant Williams

  211. Jessi gilll

    Hello, my student visa expired in August 2011and I applied for further student visa in July 2011. My application was refused for some reasons. Then I applied for MRT. After couple of months I got married to my girlfriend she is an australian citizen . Then I applied for my partner visa . They gave me bridging visa c with no work and no travel condition . now I am allowed to work after applying for it using form 1005 . But still there is condition of no travel overseas.i want to travel Please leave any suggestions . You are welcome. Thanks.

    • Immigration Pty Ltd

      Jessi
      If you are now on ther BVC then you cannot travel and that cannot be changed. However if you have applied to the MRT I would think you current visa is a BVA if your old student visa was still active when you lodged for the new Student visa. Have you checked your status on VEVO?
      If you are in fact still on a BVA you can apply for a BVB to travel.
      Grant Williams

  212. Hi Grant,
    I am in a bit of a tricky situation and I hope you can offer me some advice. I am currently on a student visa (573) which is due to expire 30 Aug 2012. I will be applying for permanent residency through the subclass 885 visa in the next few days. I understand that a bridging visa A will not take effect until after 30 Aug when my student visa expires.

    Here is my issue. I have booked a flight home for 4 Sept 2012 as I was not aware of all these bridging visa stipulations. Do I have to wait until 30 Aug to apply for a bridging visa B which will allow me to travel? I thought that I could apply for a bridging visa B soon after I applied for the 885 visa. I hope I am making sense. Further, if I do have to wait until 30 Aug to apply for the BVB, will it be granted in time for my flight on 4 Sept or do you recommend that I push my flight back?? Thank you in advance for your help!

    Kind regards,
    Kacey

    • Immigration Pty Ltd

      Kacey
      You can usually get aBVB over the counter on the day you apply. I have heard of recent cases where DIAC have granted BVBs before the BVA is active so I’d go in and ask and see what they say after you lodge the 885.
      Grant Williams

  213. Many thanks Grant,
    This situation would arose another scenario- What if I want to stay overseas(my country on 485 visa) around 1 year? Do you reckon I need to keep my private health cover renewed.
    Thanks again.
    Tauk

  214. Thanks Grant,
    I was asking that if I stay overseas, could I cancel/stop my private health cover for that period?
    With best regards.
    Tauk

  215. Hi Grant, thanks so much for this blog!

    I am just about to apply for a defacto 820 onshore visa from a 3months e-Tourist visa. As I understand, the Bridgling Visa A kicks in the moment my tourist visa expires. Is there any possibility to get my Bridging Visa earlier, as I dont want to wait for 2,5months? (Reason :I would like to remove the working restrictions from the BVA and start working asap, as our funds are limited)
    Thanks a lot for your help!!
    Jas

    • Immigration Pty Ltd

      Jas
      Practically no. You can apply to have your visa cancelled and then become unlawful and then apply for a BVE and then apply for work rights but all of that will take almost as long so you may as well wait and being on a BVE has numerous disadvantages. You chose this pathway so you will just have to wait it out.
      GW

  216. Hey Grant,
    Thank you very much for your blog. Very helpful and informative.. I have a few questions;- I am on a bvb for an 885 application lodged back in March 2010…. and still waiting… I recently lodged a 121 ENS application… my questions are

    1. My wife and I had a baby on the 15th of June and issued him with a birth certificate but not our country’s passport yet.
    a. can we add him to our BVB without being added to his mom’s passport or getting a new passport?

    b. He might need to go overseas with his mom and he is able to travel to our country of Origin without a passport but I am not sure how he can return since he doesnt hold a bridging visa? not sure what needs to be done if he got a passport while he is out of the country?

    2. What is the processing time of the 121 ENS (mine was not lodged as decision ready) – I am hearing different times and was hoping someone can shed some light..

    Many Thanks
    Adam

    • Immigration Pty Ltd

      Adam The child must have a passport or be on his mother’s passport to get a visa. No he cannot return without a passport etc… And a visa. The last 121 we lodged has taken a cople of months it was decision ready and the pregnant letter was issued last week so the applicant can then travel o/s to get the visa granted? GW

  217. Hey Grant,
    Thanks for your prompt response. some points to clarify here please
    1. So if the baby leaves now he will not be able to return? The reason I am asking is because it may take up to 40 days to get the passport done through the embassy here (either added to his moms or given a new one) and him and his mom need to go overseas in a few weeks. It also takes only two days to get the passport done from our country of origin. When we contacted the embassy they told us they can issue him a travel document to depart Australia. So it’s not possible to add him to his moms BVB while hes overseas?

    2. The told me it could take up to 9 months currently for the 121 non decision ready! is that true? also can I call DIAC and enquire about the progress / nomination, etc.

    • Immigration Pty Ltd

      Adam No you can’t add him tyo the BVB. If he is an Australian Citizenhe can get an Australian passport in a couple of days so I’m not sure what the 40 day thing you are quoting is. It costs more but it can be done in almost 24 hours. Yes that is posibl;e for non DR ENS. GW

  218. Hi Grant,

    I am applying for the 801 partner visa. I am having a current bridging visa but I have no ideas what is its subclass number and the category of the bridging visa since there has been a few different types of bridging visa on the website of the DIAC. Would you please let me know which one is for my case? ‘Cause I need to fill out the form for medical examination check and they ask this question but I couldn’t find the email and letter the DIAC had sent to me a few months ago. (I was on a student visa and then applied for the partner (permanent) visa subclass 801 .

    Many Thanks and Regards
    Kim

    • Immigration Pty Ltd

      Kim
      I’m confused.
      If you made a partner application onshore you apply for an 820 and 801 visa at the same time. First they grant the 820 which is TR for 2 years. Then you get to apply for PR 801.
      Some people, can go direct to 801 but in reality DIAC grant the 820 and then the 801 immediately if they have been in long-term relationships.
      If you applied while you studnet visa was current onshore you would be on an BVA but I do not really understand your situation. I can’t see how you can be on a BV when you are applying for a PR 801 partner visa without holding the TR 820????
      Have you gone onto the DIAC VEVO website and checked your visa status?
      Do it.
      GW

  219. hello sir
    pls help me with my Ques.i am very confuse at this stage
    As i M on MRT Case i am applying for 457 visa offsore application when my nomination ll be aproved can i go offsore with bridging visa B or i this case i m not allowed for bridging visa B i have to leave country untill my 457 visa ll approved

    • Immigration Pty Ltd

      Vinny
      Youy must be offshore when the 457 visa section is lodged and it is best to stay there until the visa application is decided. Yes you can depart on a BVB if you have a current BVA which will allow you to return for the MRT if the 457 is not successful.
      The Sponsorship and Nomination are lodged here by the business. You are the only one who must depart to lodge your part but only once the SBS and Nom are already approved.
      GW

  220. Katie Evans

    Hi Grant,
    Thankyou for all your information.
    I am on a holiday working visa, and am a bit confused. My w-holiday visa runs out the end of sept. I am just about to give in my defacto relationship visa, and want to keep working where i work at present.
    I have spoken to a few immigration officers on the phone, who said I will automatically go on the Bridging Visa A when I lodge my application, even though my holiday working visa expires the end of sept.
    My 6 months of working where i work is up at the start of August, and I have been told that I can apply to extend this by form 1005, if I can explain valid reasons and prove why I should continue to work where I work.
    I have included a letter from myself, my employers, and a copy of my payrise sheet.
    Am I doing the right thing? I’m starting to stress now!!!

    • Immigration Pty Ltd

      Katie
      Not in my view. When your WHV expires your BVA starts. The BVA is granted as soon as you lodge the application but it is dormant as it were until the WHV expires. As soon as you are on the BVA you are on a new visa and you can continue working for another 6 months eevn for the same employer. If after all that time the Partner visa has not been granted then apply to change the conditions on your visa via 1005 form.
      GW

      • OK I think I understand. So I dont actually need to request my working conditions to be changed for another 6 months? I can just continue to work?
        Thanks so much Grant, look how many people you have helped on here!

  221. Hi Grant,

    I am on a Bridging Visa A as I have applied for a 487 Visa. While waiting for this Visa to be Granted I went to India and got married. At that time I was on 485 Visa. Now my Wife is here as a dependant on 485.My 485 Visa has expired now. Can I add her to my existing 487 Visa application while being on a bridging Visa A. If not does she have any other options.
    Arul

  222. Hi Grant,

    My brother had his MRT refused and the minister did not consider his review application. He can’t go back as he has a lot of feudel disputes in India. Can he apply for Protection Visa. Does s48 apply’s for Protection Visa as well.

    • Immigration Pty Ltd

      Arul
      s48 does not preculde a Protection visa application however I’d suggest his chances of getting protectiona re very low.
      GW

      • Grant,

        She was not included in the original 487 application.

        Arul

      • Immigration Pty Ltd

        Then I think the answer is no. She will have to get another visa or return but go into DIAC and ask if they can help. GW

  223. Hi Grant,

    My situation is as follows;

    I am on a BVB for a 885 application and just had a baby born on the 15th of June. I have issued the baby with an Australian birth certificate and send a copy of it alone with a change of circumstances form to DIAC. I have not yet received confirmation that the baby has been added to the application! I have only sent it a few days ago though.

    Since my baby does not get Australian Citizenship as both his parents are non residents and can only get our country of origin’s passport (being Jordan), he will need to wait at least 2 months before he gets the Jordanian passport through the Jordanian embassy here in Australia. Were it takes only 1 day if he was to travel to Jordan and get it.

    We are thinking of taking him to Jordan to do that. The embassy here said that they can issue us with a temporary travel document to get him out of the country but I am not sure weather he will be able to return or not since he wouldnt have a BVB.

    My question are
    – Can we take him overseas on a temorary passport and once he is added to his mothers passport overseas, can he come back being on her bridging visa before she leaves?

    – If we do not travel and stay here, after waiting the two months and getting him added to his mothers passport; can we then just get one BVB for him and his mom on her passport?

    • Immigration Pty Ltd

      Adam You need to ensure the child has been included on the application and that DIAC have issued a BVA. I’d wait onshore and get the passport here. The other idea is fraught with things that can go wrong. GW

  224. Hello Grant,

    Back again to your forum. What a wonderful work you are doing helping all of us. I have now applied for ENS 121 offshore visa but i currently reside in Sydney AU. I am currently on my wife’s student dependent visa 573. She is the student and me her dependent.

    I have the acknowledgement and payment receipt for my ENS 121 visa provided by the DIAC. I have a new born baby who is just 2 months old born here with us. So, my question is…
    AM i eligible for MEDICARE? i went to the medicare office last weekend and the guy over the counter took all my details including the passports, ack letter and pmt. receipt , he asked me to fill the form….but until now, i haven’t heard back from them..? AM i eligible or i shouldn’t waste any time.

    When i speak to the call centre they say, it could take well upto 4 weeks.

    Regards,
    Kedar

    • Immigration Pty Ltd

      Kedar
      You are not eligible as a 121 is an offshore application – no Bridging visa = no Medicare.
      GW

  225. Helo Grant
    Firstly i would like to thank you for the wonderful work you are doing here…

    And sorry for the interrepting, but I am very confused with my current situation.

    Currently i am holding 573 student visa which s due to expire in september but my previous qualification on my student visa was advance diploma which i have finished already but i was on 573 means leading to bachelor but i changed my course provider from degree to diploma again this year due to high tutuion fees..

    My Question is if i dont finish this current studies and as my visa s expiring n sep, am i able to apply Bridgeing visa A or any, or auto I will get brid visa a or noting.

    Grant FYI i have applied 119 to diac…any advice will b appreciated.

    Also grant any idea about the state sponsership means is there any changes in state sponsership as well due to 1july changes…

    Thanks

    • Immigration Pty Ltd

      Sambo
      119 is an offshore application and there is no BV with offshore apppications.
      If your student visa expires you will be unlawful unless you lodge some other onshore application. If you don’t you have to depart.
      The last question is too big it’s all on the DIAC website.
      GW

  226. Hello could some one please help me i don’t know when my bridging visa ends this is what i got from immigration

    File Ref: Client ID: Request ID:
    OSF2009/014822 41355177666 1340536909
    Letter sent by Registered Mail
    Mr CARL BRYAN VAN ROOYEN

    Dear Mr VAN ROOYEN,
    Acknowledgement and Confirmation of Withdrawal of Application
    I refer to your application for a combined Spouse (Provisional) (Subclass 309) and Spouse (Migrant) (Subclass 100) Visa which was lodged on 12th June 2009.
    Your written request to withdraw your application was received by this office via email on 18 June 2012. The application for the following applicant(s) has now been withdrawn and no further processing will be undertaken.
    CARL BRYAN VAN ROOYEN DOB: 20/11/1980
    Your Immigration Status
    You have been granted a Bridging Visa A which will remain in effect for 28 calendar days from the date of your visa application withdrawal.
    You should make arrangements to depart Australia by the date that your bridging visa ceases unless you:
    – – –
    hold another substantive visa; have made an application for a substantive visa which has not been decided; have applied for judicial or merits review of a decision in relation to a substantive visa.
    If there are reasons why you cannot depart Australia by the time your bridging visa ceases, you should contact the department for assistance as soon as possible. You can call 131881 between 9 am and 4 pm Monday to Friday or you can visit any one of the department’s offices. Details of our office locations and opening hours are available on our website at http://www.immi.gov.au.

    Yours sincerely,
    JULIE TSAI Brisbane Partner (Permanent) Processing Centre Department of Immigration and Citizenship
    2 July 2012

    299 Adelaide Street Brisbane QLD 4000 GPO Box 9984 BRISBANE QLD 4001  Telephone 131 881  Facsimile (07) 3136 7273  Website: http://www.immi.gov.au

  227. Thanks was a little worried that it was from the 18 of June, gives me a little more time to lodge my new application , i don’t have password or TRN number so i cant access VEVO

  228. Hi Grant, thank you for such a great site. I have an immigration lawyer working on our application but he’s always very difficult to get hold of!

    I have a few questions; I’m currently on a WHV due to expire 12th October 2012. I’ve been in a relationship with my Australian partner since March 2011, however I’ve only been living with him here in australia since Oct 2011. (Although I came over here for a holiday beforehand, we have evidence to show our relationship started earlier etc.)

    We’re soon to lodge an application for an 820 partner visa. The lawyer has asked we wait to see if we have enough evidence to lodge it before the day my WHV expires.

    * Is it risky to book flights for a wedding back in the UK in December before lodging our application and recieving a BVB?
    * I’m soon to end my employment with my current company due to the 6 month threashold. A new employer is keen to employ me on a Contracting basis but due to my WHV expiring in October, they’re asking for evidence that i will have working rights thereafter this date (through the BVA or BVB)

    I know this will be difficult to prove due to not having even applied yet, but I need to secure this position asap otherwise I will be out of work. Can you suggest anything?

    The same employer is asking if there’s a possibility I can work for longer than 6 months on the bridging visa. Am I right in thinking I can apply to have these restrictions waivered so i can work for that one company for longer?

    Many Thanks in advance

    Nic

    • Immigration Pty Ltd

      Nic
      Seems kind of harsh to be asking me all these questions when you’re paying someone else don’t you think?
      You must be living together for 12 months BEFORE you apply unless your relationbship is registered. If not you can be refused.
      You can work for the same employer again on the BVA (new visa) and it will have the same work restriction reset so you can go again.
      A decision ready partner application will be approved before you plan to travel an non-decision ready will take 12 months so travel will be no problem./ Get a better lawyer! I’m really busy as well.
      GW

      • Thank you for your response; just to clarify, we’ve not paid anyone anything yet. We hope to engage the help of said Lawyer but I just wanted to ask you a few questions.

        Thank you,

        Nic (Adelaide)

      • Immigration Pty Ltd

        Hi Nic

        That’s fine but if you’re having communication issues with this person before you start I’d be rethinking your choice.

        Grant Williams JP 195363 Registered Migration Agent MARN 0854799 Immigration Pty Ltd Suite 35 / 647 – 649 George St Sydney 2000 PO Box K1221 Haymarket NSW 1240 Telephone: +61 2 92114694 Mobile: +61 (0) 430351877 Email: immigrationptyltd@gmail.com Blog: http://immigrationptyltd.wordpress.com

      • Dear Grant,

        I am on a student Visa, studying Certificate III in cookery. But my spouse now wants to study and go on a student Visa and I want to discontinue and be on a spouse dependant visa.
        Is it possible for me to do the same at once via the online student visa lodgement facility.
        My Spouse has already got the COE for 2 years.
        Regards

      • Immigration Pty Ltd

        Shreshta
        You can apply if you can meet the student visa criteria. It is a whole new application.
        GW

  229. Hi Grant !

    Thank you so much for posting this up, it really helped clear the air regarding BVA and BVB that i’ve heard much about ! I would like to ask for your guidance in my condition.

    I have recently completed my studies (July) and am expected to graduate in September 2012. While my student visa is stated to expire in March 2013, the University told me that they will report to DIAC as soon as my completion letter is released, and I am expected to leave Australia within 28 days.

    As of now, I am already in process of applying for Graduate Visa 485 as I intend to further my professional studies here through CPA. And have lodged in skills assessment through CPA. My questions are

    1) In the application form it states for me to provide evidence that I have applied for skills assessment. As I am still waiting for CPA’s results on my assessment, could I use the email CPA sent to me providing me my reference number and CPA ID as a proof of evidence ? Or should I wait for their end result of my skills assessment?

    2) My birth certificate and original copy of IELTS results is currently in Malaysia, I am getting a family member to get it certified by Commissioner Of Oath, and scan it to me. Could the scanned version be sufficient as evidence of birth certificate? Or do I need to have the original version posted to me and get a photocopied version certified by a JP myself?

    3) After I send in my 485 visa application, Im assuming ill be granted a BVA. Does this mean I can still assume my student visa will carry on until March 2013? Or will it expire within 28 days as what the Uni told me?

    4) I am planning to go back to my country in August ( praying that Ill get the application lodged in really soon ) for family matters. Is that a strong reason for the DIAC to allow me to fly?

    5) In December, my dad has already bought the family tickets to fly to the US for a family vacation as a graduation present, will this too, be a strong reason? I highly doubt so. But then again, would you recommend me apply BVB all the way til september?

    Thank you in advance !

    • Immigration Pty Ltd

      Zara
      The Uni is not correct – I swear some of these places just make stuff up. It is not true. Your visa expires when it expires not after some made up 28 day period.
      1. You should get a receipt for your payment for CPA assessment – provide that.
      2. No get the originals sent to you.
      3. Your student visa carries on until it expries then the BVA cuts in. If you’ve finished studies and applied for 485 you can stay on the visa – no problems.
      4. You will just travel on the Student visa.
      5. If you will be away after your student visa expires you need to approach DIAC to get your BVA converted to a BVB before you leave.
      GW