Bridging Visa E (WE 050) – the not so nice Bridging visa

A word of caution before we begin – this is a complex area – at Migration Regulation 050.212 there are 17 listed requirements that can be met to allow for the grant of a BVE. There is also a second visa subclass in the WE class; a WE 051 which applies to applicants who are immigration cleared and who make an application for a Protection visa. I will not discuss the WE 051 in this post.

First the applicant for a BVE must either be an unlawful non-citizen (a person inside Australia who does not hold a valid Australian visa – what most people refer to as ‘illegal’) or already hold a BVE or hold a BVD (041) (Non-applicant).

You cannot be an eligible non-citizen. This is another quite complex area but for now I’ll just say to be so recognized the Minister for Immigration & Citizenship must make this determination personally and report same to the Parliament. As with the WE 051 I will not discuss this in this post.

The simple summary of the 17 listed requirements at Migration Regulation 050.212 is that this is a BV for -

  • unlawful people making arrangements to depart Australia,
  • people who are detected by DIAC as being unlawful,
  • unlawful people who make an application for a substantive visa or an appeal to a review tribunal or court,
  • unlawful people who make a request to the Minister to personally grant them a visa,
  • BVE visa holders who make an application for a substantive visa or another BVE.

Rather than try to explain the 17 listed requirements at Migration Regulation 050.212 I’m going to look at the common ways people end up on a BVE (WE 050).

  1. Lots of people overstay and become unlawful non-citizens– they arrive on a visa, it expires and they don’t leave. Some are detected by DIAC officers, some come forward voluntarily, of these some just want to leave and others seek to lodge applications.
  1. DIAC cancels a non-citizens visa. This instantly makes this person an unlawful non-citizen. There are a dizzying array of ways to get a visa cancelled – some general (not complying with visa conditions) – some automatic (s.137J relating to Student visas) – some specific (on character grounds) – some that relate to particular visa classes (Business visas).
  1. It is common for people who already have a BVE to apply for another BVE with changed conditions. The most common circumstance is that they can demonstrate a compelling need to work and they ask to have a no work condition changed to permission to work.
  1. Many non-citizens who have had visa applications refused or visas cancelled and who have subsequently applied unsuccessfully for merits review of these decisions, make requests to the Minister to personally grant them a visa. The BV that they held for the review process expires 28 days after the final decision hence they become unlawful and they must apply for a BVE in relation to their Ministerial request.
  1. In 1 above I mentioned unlawful non-citizens who seek to lodge applications for a substantive visa. Here you can get a BVE either when you lodge the application or by convincing DIAC Compliance that you are actively attempting to lodge said application. You may for example need to get DIAC to grant a waiver of condition 8503 (Not Further Stay) in order to be able to lodge an application. There are many similar unusual circumstances – too many to list out here.
  1. Students applying for Revocation (under s.137K) of a decision to cancel a student visa under s.137J will be granted a BVE.
  1. Students who apply for voluntary cancellation of their Student visas as a result of lodging an application for PR (perhaps Partner or GSM) will be granted a BVE (see previous post on this issue).
  1. Unlawful non-citizens who are testing validity or eligibility issues relating to applications before the court will be granted a BVE.

Please note that is not an exhaustive list by any means as I’m attempting to keep this relatively simple and understandable. Certain circumstances relating to members of a family unit of BVE applicants, people being released from Immigration detention and involved in criminal proceedings for example can also lead to BVE grants.

I’m sure most will have listened with interest to the Federal government and others discussing the proposed use of Bridging visas in relation to the onshore processing of asylum seekers – these will be BVEs.

How long do BVEs last?

This is a good question and the answer will vary depending on the circumstances of the grant. If the BVE is granted in relation to an application (substantive visa, review or court), the duration is similar to the BVA provisions – until it’s finally decided. If you are seeking to apply for a visa or depart or similar the duration will be quite short and specified. Some BVE grants roll with the circumstances and DIAC will grant say 1 or 3 months at a time and then check how the application or request is proceeding – this is common with Ministerial requests.

It’s also worth noting that DIAC can request a security bond from the applicant when granting a BVE. The bond is forfeit if the conditions of the BVE are not met.

Work

It may be possible to apply for work rights on a BVE – you must demonstrate a compelling need to work.

Travel

You cannot travel on a BVE. It is not possible to change this condition.

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238 responses to “Bridging Visa E (WE 050) – the not so nice Bridging visa

  1. hi there i am in bridging visa E after my dependent 572 visa cancelation saying i didnt comply with visa condition..but my husband is still in 572 visa only dependent visa is cancelled and Now I am going to review my case (mrt).but is there any visa I can apply to work and to stay in Australia with my husband??can I apply for employer sponsorship visa as I work in a disability sector??

    • Immigration Pty Ltd

      Rosee
      Already answered your question.
      Grant Williams

      • G’day Grant!
        could you please repeat to me your answer please, i got a student visa 573 after a couple of courses that I didnt wanna do it, went to work full time for around 7 months obviously I stopped studying and them went to the Immi on the 21 first of December after receiving mi letter for interview,
        they cancel my visa under section 116 beacuse i dont have reasons for stopping my studies plus they add to the report that I lost my horizon or purpose to came to Australia to study in another field and by fear I got lost on the way for the reason that you know the change in the GSM applications and occupation lists,and another add on on it was that i wanna work and gain permanent residency, I’m wondering if I can be sponsored by my actual company(restaurant)?or should I apply to the MRT for the review that I think is the unique way, and them continue with my studies knowing the new changes in student visas that doesnt allow people who wanna gain PR in student visas knowing what they typed in my interview about my intentions to stay in OZ.

        Cheers mate!
        Car Lost

      • Immigration Pty Ltd

        Dear Carlos
        You have an option to apply to the MRT provided you do this within the required time frame.
        You have a BVE which means the option of travelling o/s to lodge an employer sponsored application and then returning is not available to you.
        When DIAC cancel a visa under s116 they usually also apply a 3 year ban on any further applications – you cannot apply onshore as your are barred by s48 and the prospective ban will prevent any offshore application.
        Normally the MRt will open your file, as it is a cancellation withing 90 dyas of receiving your file from DIAC – so going to the MRT will not “buy” you much time and I’d be of the view that your chances of winning at the MRT are very low.
        Grant Williams

      • I got the nice BVE mate :P

  2. Dear Sir/Mam,

    Regarding : Want to know my Student dependent visa cancellation”s (Due to breached 8104 condition)effect on my 485 visa application outcome .

    Actually my wife finished her Two year study in Hospitality management in March 2010 at CDU Darwin (NT). Then, we applied 485 visa application in July 2010, on that time we still left student visa for another one year for another studies that”s why our Bridging visa A didn’t come into effect and still we were abide with student visa conditions.

    I was not aware from that thing and i started work full time on my job place and after some time immigration caught me and cancelled my student dependent visa in Dec 2010 and they gave me Bridging Visa E (Without work and study rights) for waiting of my 485 Visa application outcome Which i applied as a secondary applicant before cancelled my Student dependent Visa.

    So my question is will the cancellation of student dependent visa will have bad effect on my 485 visa outcome as i breached the condition 8104 of my student dependent visa after made my 485 visa application?or not?

    I got email from case officer couple of weeks ago that case officer has been allocate for your application but he is not responding from last 3 weeks. even he didn’t ask for any document such as police check etc.

    please assist me. Thanks

    Regards
    Gill

    • Immigration Pty Ltd

      Dear Gill
      I doubt that the Student cancellation will affect the 485 application. They gave you a BVE to stay here – a good sign. Be patient.
      Grant Williams

  3. Thanks for your reply Grant, As you know People who do volunteer cancel their remaining student visa after lodge any onshore GSM visa application and get BVE for their GSM Visa outcome, In this case DIAC cancel their visa under section 116.

    And under the same section 116 they cancelled my visa and gave me BVE. So still it will give bad effect on my 485 visa’s outcome ?

    Also i would like to tell you In October 2010 when they gave me notice of attention and tell me to do some comments that why they shouldn’t cancel my visa, In reply me and my wife we both gave them written request that please cancel our visas voluntarily and give us BVE for 485 visa’s outcome. But they cancel my visa (not voluntarily).

    we wait for 5 months that they will cancel my wife”s visa as well because she gave them request but they didn’t. In April 2011 she withdrawal her that request and in August 2011 her student visa get expire and now she is on BVA.

    • Immigration Pty Ltd

      Dear Gill From the limited info you’ve given me about your case I’m assuming that DIAC do not have a problem and that the application will be processed normally. S116 is the general cancellation power in the Migration Act Grant Williams

  4. Thanks Grant. There is my whole story below:
    My wife came in Australia in July 2007 on 4 years Visa 573. COE was Two study Hospitality Management and rest was Degree. she finished her Hospitality management in March 2010 ( she finished that two year study six 6 months late because in fourth semester she get sick and she fail in one unit) In July 2010 we lodged 485 visa application on the basis of her Hospitality studies.

    My details: We get married in July 2008. my wife came India to get marry with me in her uni holidays. I got student dependant Visa in December 2008 and came here in this lucky country. i was working normally but unfortunately due to very small knowledge of immigration rules, i start work full time after lodged our 485 visa application in July 2010 and in October 2010 Immigration caught me and cancelled my Student dependant Visa and gave BVE :(

    To whom we have lodged this TR 485 Visa application he said everybody got TR visa who lodged even before us but we haven’t got yet ,even Case officer is not responding. what should we do ?

    We are from Darwin there is no Immigration agent some are doing this job but people experienced that they just learning this business with innocent students. we need someone like you in Darwin experienced RMA who serve people and save them from big troubles :) Thanks

    Gill

    • Immigration Pty Ltd

      Dear Gill 485 applications are taking more than 12 months to be processed so the time frame for your application is not unusual. Some more than 18 months. What to do? Well all you can do is wait I’m afraid. You cannot pressure DIAC to act more quickly nor can your agent make it happen more quickly. They will get to the application in its chronological turn. Grant Williams

  5. Okay Grant then let’s see what happen, By the way thanks for giving me your time and given information, so kind of you sir.

    I”ll let you know on this form in progress of our application. Thanks :)

    Gill
    Darwin

  6. hello sir i just wnt to ask if some one apply for mrt so which bridging visa will be granted is it a possible to travel during the mrt review thanks

    • Immigration Pty Ltd

      Dear Bal
      You stay on the BV you were on when the application was refused. If your application relates to a visa cancellation you’ll need to apply for a BVE. In other words it depends on why you’re applying to the MRT.
      You can only get a BVB for travel if you hold a BVA.
      Grant Williams

      • Hi William thanks to reply I am sorry want to ask one more question actually I applied for PR last10feb on rsms 857 visa I have provided all the document to case officer I just wanted to know how long is a processing time after provide all documents cozz someone told me if decision is taking too long it’s mean my application is being refuse. One more thing can I apply for spouse visa side by side this application cozz my girl friend is student here and how long that spouse visa application will take to give decision thanks

      • Immigration Pty Ltd

        Dear Bal The it’s taking too long therefore it’s a refusal is nonsense. Not clear what you mean by Spouse – do you want to add your girlfriend to your application? Is your girlfriend an Australian citizen? This would mean you’re asking about a Partner application. Please clarify. Grant Williams

      • Hi sorry for this actually she is a overseas student and I am just gonna Marry her so as u know I am already on BVA. in this situation can I apply dependent student visa with my girlfriend cozz she already on 572 student visa thanks

      • Immigration Pty Ltd

        Dear Bal This is all getting too complicated to be able to give you prudent advice. Generally if you apply from a BVA can do this if you can prove you were a member of the visa holders family unit at the time your previous student visa ceased. You must be living together as man and wife (you don’t have to be married – de facto is fine). It really would be a good idea for you to seek out professional advice from someone who can look at all your paperwork. When things get complicated like this you cannot rely on asking one question after another in this situation. Get advice before you apply! Grant Williams

  7. Hi, thank you for you post, it’s very useful!

    I’m hoping you can help me on this query, my partner and I hold a BVE for two years already because we are waiting the MRT to review our 457 visa application case.

    Holding this visa we aren’t allowed to travel overseas to visit our family and my partner got no permission to work.

    In case we decide to give up this waiting and leave Australia will we be able to come back to Australia holding another visa such as student?

    We’ve heard from our lawyer that if we leave it may mean we cannot enter the country for a period of 3 years. And we would like to avoid it if possible.

    Thank you

    • Immigration Pty Ltd

      Dear Ramon
      From what you say I assume your 457 visa was cancelled ??? Is this correct?
      Hence you’re on a BVE and the MRT rates Business visas as a very low priority.
      If you’re MRT is about a cancellation yes you may be subject to a 3 year ban
      Grant Williams

  8. Thanks Grant! I appreciate your answer.
    My 457 application was cancelled. And we are appealing for a review.
    Unfortunately it is taking much longer than the 1 year we expected. It has been more than 2 already.
    I know it escapes a little bit from this subject, but in your experience how long do you think it could take to have a 457 case reviewed by the MRT.
    Thanks a lot again!

    • Immigration Pty Ltd

      Dear Ramon. Obviously more than 2 years. I’d think you are getting very close to hearing from the MRT. Business visas are their lowest priority. Grant Williams

  9. Hey Grant! I foolishly overstayed my working holiday visa by 3 years and have applied for a 457 visa ( i have a company that’s willing to sponsor me)..i am currently on a BVE..i really need to work while my decision is being made.i am in over $25k of debt after having to pay for an essential operation.what are my chances of betting work rights attached to my bridging visa?i have no income or savings left!

    Thanks
    Joie

    • Immigration Pty Ltd

      Dear Joie
      You were unlawful and you’ve applied onshore for a 457? Is this correct? Who did this for you?
      When you applied DIAC gave you a BVE? Correct?
      They may not give you work rights in these circumstances.
      If you don’t have an good agent, get one as someone needs to look at what you’ve done and what’s likely to happen. This can only happen if they have all the paperwotk in front of them. Can’t be done on a BLOG!
      Grant Williams

      • Yes thats correct!my migration agent lodged it last week.they gave me a BVE OR BVC but i,m not 100% sure.My migration agent dosent seem to interested in answering my calls or emails..
        Just wondering whats the chances of getting work rights while they make a decision..again i have no income and in serious debt..

        thanks

      • Immigration Pty Ltd

        First find out what BV you have. If it’s a BVC you’ll have some hope but the BVE may be less hopeful. It’s very hard when I’m being asked to second guess a registered agent, who you’ve consulted and I guess paid who has all your info. This person should be advising you on this matter. I try to answer questions for folk who don’t have a representative. Grant Williams

  10. Thanks Grant!

  11. Hello grant,
    I want to confirm that my student visa got cancelled i have submitted my application to MRT.
    please let me know what i have to do if MRT will not give decision in my favour.
    what will be the action of MRT?
    will i be charged for anything etc.?
    thanks.

  12. Please let me know how long MRT will take to make a decision as i submitted my application on 5 dec 2011.
    thanks

    • please reply grant

      • Immigration Pty Ltd

        This is your 4th post in one day on this BLOG. This is a free service provided to the community. Getting pushy and impatient is an abuse of the BLOG. I’m sitting here on a Sunday morning answering over twenty other questions and your attitude does make me feel inclined to do that. I will answer your question from the one post that actually had sufficient information to allow an answer. Manners!
        Grant Williams.

    • Immigration Pty Ltd

      See other answer

  13. sorry grant as i was not sure my enquiry is getting post or not?
    thanks.

  14. Good morning grant,
    I am new on this blog but I have been reading your suggestions from few months which must have been realy helpful for people.
    Now, i am in confusion and really don’t know what to do?
    My story is,I arrived in australia in feb 2009 on spouse visa with my wife.She was enrolled in Diploma course and then bachelors, all together we had 573 student visa.
    After finishing dipoma level for 2 years she found herself eligible for lodging GSM 485 appication.After lodging application she didn’t go to college.She was pregnant too at the time of finishing 2 year course.She was regular student upto july 2011.
    Lator on DIAC found that she is not enrolled in studies, we received notice of intention and we wanted DIAC to cancel our visa vountarily, it has been cancelled(automatically)
    Now, we are on BVE,We have lodge our application for MRT review in dec 2011.We are also waiting for Approoval of GSM 485 visa which we have lodged in feb 2011.
    Now my enquirries are as we applied for MRT review ourself,we haven’t provided any supporting documents yet.I received a acknowledge letter from tribunal which says if we want to provide relevant documents, provide them as soon as possible.
    What documents it could be or we wait for the application to be open?, which will take next 3-4 months.
    My another question is if MRT decision is to still cancel our student visa, what wil be the further process.As our BVE will expire 28 days After MRT’s review.
    How safe we will be in those 28 days/
    If our 485 visa gets approve do we need to go for MRT review or we can take our application back.
    Please help me with above questions.
    thanks.

    • Immigration Pty Ltd

      Dear Jag
      You have a problem.
      Yes you should respond to the MRT request for documents to support your application in relation to the cancellation of your visa. I cannot tell what to provide as all I know about you is in the few words above. What claims did you make to the MRT? For this you must get some professional help if you want to have any hope of success.
      As your Student visa was cancelled this also cancelled the BV you were granted for the 485 application. You now have a BVE. MRT cancellation cases usually take 3 to 4 months. If you win you get the TU visa back and the BV for the 485 is restored. If you lose you have 28 days + usually 7 working days to get the decision in the post before your BVE expires and you have to depart. If your 485 has not been granted at that time and you stay unlawfully they will refuse the 485. If you depart the Migration Regulations say “(1) The applicant who satisfies the primary criteria for the grant of the visa (485), and each applicant who made a combined application with the applicant, must be in Australia when the visa is granted.” So if you’re not here they cannot grant the visa and they will not give you a visa to return as a s137J cancellation carries with it a 3 year ban on any further visa applications – sot he 485 will be refused.
      I can see no solution to this problem. The only hope is to do everything you can to win at the MRT>
      Grant Williams

  15. I have one more question grant, if TR 485 gets approved before MRT’s decision can i withdrawn MRT appication.If i can how long after i am on 485 visa?
    thanks.

    • Immigration Pty Ltd

      Dear Jag Yes you can withdraw an MRT application after the grant of a 485. As soon as the 485 is granted however you will forfeit your MRT fee. Grant Williams

  16. thanks grant

  17. hi grant,
    happy new year…
    i went through many documents and posts in internet to find out whether i can travel overseas in BVE or not.. this post is really awesome and i found my answer that i cannot travel overseas in any circumstances..
    i was wondering that if i can change my condition of ‘not valid for travel’. i had applied for protection visa and my case is in RRT. i am waiting for the decision from RRT. currently i am in BVE with working right permission. Due to stress and other aspects, i am getting sick and my health is degrading day by day.. i think i should take holiday so i want to travel any country where i can stay for 1-2 months in cheap low budget.
    is it possible to change the condition ‘not valid for travel’ by showing any purpose of travel???
    it would be great help for me..
    looking forward for ur kind response..
    thanks

  18. Hello, me and my wife applied for visa 572 extection in augest2011 and were waiting for the approval how ever we never get any feedback from the depatment of immigration we have called them around 8 to 10 times and everytime they said our application is in process the last call was made on 5 jan 2012 and they said the same that our application is in process however i have been to the immigration depatment with one of my friend for some work and i asked them about my visa status and they said my application was refused on 25th oct2011 and we are living in australia illigaly however they never informed us according to them they have sent us an email,however we never received any email or any other notification from them, now we are on BVE, as we were compelling the immigration officer so given us permisson to go for MRT but on the BVE has written MRT out of time frame, that means the MRT department with not accept our application.
    So kindly guide us wat to do??
    Thanks

    Ashish Madan

    Thanks

    • Immigration Pty Ltd

      Dear Ashish
      If DIAC refused your 572 application on 25/10/2011 you are well outside the time frame to apply to the MRT. DIAC assert that they have informed you by email then it must be possible to obtain a copy of this email under Freedom of Information. If it was sent to your last notified email address there is very little you can do. If however you can show that you were not correctly informed (perhaps an error in the email address) then you do have a possible legal recourse to have the refusal notification reissued and hence you would then gain access to the MRT.
      You may need to seek legal advice on this matter as you may have to take DIAC to Court.
      Grant Williams

  19. Hi Grant,

    My wife had finished her dip in community service course in Aug 11 but we were not aware that she was eligible for 485 TR visa hence we again renewed our student visa by taking new course as our old student visa was expiring. Now after 3 months of our new student visa we got to know that we are eligible for 485 visa and we have applied for 485 visa. Now we don’t want to continue our studies hence planning to cancel our student visa and we are aware that we will be issued Bridging visa E with or without working rights. Now if we get BV E with work rights and if i join a company who is willing to sponsor me can i apply for employer sponsor while am on Bridging Visa E??
    Thanks SAM

    • Immigration Pty Ltd

      Dear Sam
      Once you cancel your student visa DIAC force you to become unlawful and hence the only bridging visa available is a BVE. This means you will not be able to apply onshore for any other visa (except humanitarian). Therefore to make a sponsored work application you’d have to depart Australia and then you run the risk of not getting the visa and therefore not being able to return. You would be far better advised to apply for the work related visa while you are on the Student visa. If you can get a 457 Business Long Stay visa it is a better visa than the 485 and you would then withdraw the 485 application. Get some professional help with this if you want to successful.
      Grant Williams

  20. Thanks Grant for your quick reply . I have got one more question ,is it possible my wife -as a student visa holder cancels her student visa & get BVE & myself remain on student dependent visa & apply for company sponsor ?
    Thanks & Reg

    • Immigration Pty Ltd

      Hi Sam No. Your visa only exists because of her visa. Canel her visa and your visa is automatically cancelled. Grant Williams

  21. Thank you so much Grant .

  22. Hi Grant, quick question from myself. I was on a WHV and have no applied for Subclass 853 (last remaining relative) I was granted a BVA. I was told my BVA started from when my WHV2 expired and that means a fresh 6 months at my current employer. Is this correct? I had immigration confirm this for me and have a name and reference number etc. My 6 month period ends in April 2012 do i then need to fill out form 1005 to extend? Appreciate your time

    Chris

    • Immigration Pty Ltd

      Dear Chris
      Your BVA cuts in as soon as your WHV expires. Basically the answer depends on the conitions that have been attached to your BVA – four digit number bginning with 8 (from Schedule 8 of the Migration Regulations). Most people believe that the conditions on a BVA are always exactly the same as the conditions on the last substantive visa held (your WHV) when a valid application is lodged from that substantive visa. This is not correct as some conditions just cannot flow over to the BVA. Having said that it is likely that the work limitation on your WHV has transferred to your BVA. It seems to be the opinion of DIAC that this gives you an extra 6 months with the same employer as you no longer have a WHV and the BVA is new. I’m not disagreeing with this as it works well for applicants. However after 6 months on the BVA it means you’d have to find another employer. The solution is to apply to change the conditions on your BVA – Form 1005 as you say – you’ll need to prove financial hardship for this as your application for PR is not a business related one.
      Just so we are clear your WHV is not extended by 6 months, once it expires it’s gone. Your BVA will have the 6 month work for one employer condition which you’ll need to change if you want to keep working there.
      You’ve got a long wait ahead of you on a BVA!
      Grant Williams

      • Thank you so much for a quick reply, just wanted to make sure I was not breaching any conditions as Immigration can be indecisive on some information they give. Just to be clear, I am fine until April 2012 from which I can then apply on form 1005. How long is the wait for PR?, I have paid nearly 4000 dollars for my application so far! Including admin costs, medical and police checks etc. It seems ridiculous to take this large sum from me and then for me to wait for 10 years until PR is awarded and then pay a futther 1800 dollars for the second part. Is there a way to speed up the process?

        Regards

        Chris

      • Immigration Pty Ltd

        Dear Chris I’d love to tell you yes it can be done more quickly but alas that would not be true. The Remaining Relative subclasses (onshore and offshore) are capped (only a very limited number of visas per year. When you divide the number of outstanding applications by the number of visas available each year it equals about 10.5 years. The only good news in there is that many of these applications will be refused as they are not remaining relatives. Many people misunderstand what that means so that will help a little. The biggest problem is being on the BV for so long. Not easy. Grant Williams

      • Thanks again Grant, yeah its extremely frustrating, my situation is a smooth one so not sure why it would take so long but I guess I am pretty near the back of the queue. Sick of all this casual work, finding it very difficult to find a permanent role and develop a career. Fingers crossed I hear from DIAC before my funeral haha!

        Take care

        Chris

  23. Hello Grant, i’ve seen a lots of quick answer from you and i would like to do my question too.
    I’m holding a BVE WE 050 valid until 8th february. I must leave the country but i wanted to lodge another visa. Is written on the paper that i “satisfied the criteria for the grant of the visa because i intend to apply for a substantive visa”. Could i apply for a tourist visa? Which is the visa thay can grant to me after the BVE? I didn’t mean to remain as unlawful in Australia, has been a big misunderstanding about my second whv. Pls, can you suggest me a solution? Thanks.

    • Immigration Pty Ltd

      Dear Maristella
      You were on a 2nd WHV and you overstayed. How did you end up getting a BVE? Did you go into DIAC or did they detect/find you? What did you say to them you intended to do when they granted you the BVE? Someone needs to look at your paperwork to see what, if anything may be possible. There is no point making or trying to make an application that will either not be accepted of simply fail very quickly.
      DIAC usually don’t believe people who say ‘I didn’t mean to overstay …it was all a big misunderstanding” as WHV visa have an expiry date on them. What actually happened.
      Grant Williams

      • Hello Grant, thank you for your answer. Unfortunately is an honest mistake because when i worked at the farm for the 3 months, the farmer told me i could apply at the 2WHV staying in Australia because, he said, it will only start when the first expires. If when the first WHV expires you’re still in Australia, the second will start automatically, if you are overseas when the first WHV expires, the second will not start. This is what he told me so i’ve appplyied thinking to be in right. I left OZ on 12th DEC 2010, the second visa granted on the 10th DEC 2010. I came back to Australia on Nov 2011 being sure the second was just starting, but not, it expired on the 17th DEC 2011, which is the date i first entered the country in 2009. THe DIAC detected/finded me on the 1st Feb 2012 telling me i had to go asap to get a short term visa coz i was un Unlawful non citizen. I didn’t know what was going on because the things i just wrote you so… That’s it! Now, i have to pack up all my stuff asap but i’m not ready to go, was not in my plans, i wanted to stay more. I know the 2whv is gone while i was in my country but what could i do now? The migration agent said the best thing is to go back home asap, even if i told the DIAC i will apply to another visa. The migration agent said to avoid that cos it will put me in worst troubles than now. Do i have any chance to get the tourist one? The agent didn’t want me to go to his office and charge me because is usless from his point of view. What do you recommend doing? Thank you so much.

      • Immigration Pty Ltd

        Hi Maristella

        Your agent is correct and it’s nice to find someone who is not just interested in taking your money to no end. There is nothing you can do unfortunately. No you can not get another visa onshore. I’m sure your agent will also have told you that as DIAC detected you as an unlawful non-citizen a ban will be applied to you for future offshore applications (except Partner applications). You should try to see the extend of this before you leave – it may be 1 or 3 years. Sorry but if you try to anything else here you will only make your situation worse.

        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

      • Sorry Grant, the DIAC told me to contact the Australian Embassy in Italy to know the extend of the ban. Should I have to contact them now or once i arrive in the country? THe DIAC told me to explane them what happen with my visa, why i overstayed in Australia in order to reduce the ban duration. What do you think about it? Thank you.

      • Immigration Pty Ltd

        Maristrella

        That is good advice as the ban they apply is basically up to the officer in the overseas. As to when you contact them I think it would make more sense if you did it personally at the Embassy in Rome. It’s really easy to ignore someone over the phone.

        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

  24. hi william hope u are doing well i got a question regarding a parmanent residency file on subclass rsms 857 i applied for PR in this subclass last year 10 feb 2011 but still waiting for decission. last june i got a case officer as well but i dont know why its taking too long even m,y cousin brother also applied with me and he has got result last november and he got approval do u have any idea what is the maximum proccessing time for rsms 857 cases and should i ask to case officer about this cozz my agent said we shouldnt ask to them just let them take a time. pls help me in this
    thanks and regards

    • Immigration Pty Ltd

      Dear Bal I agree with your agent. Be patient. Sometimes DIAC officers get held up by external checks that are carried out overseas and some case officers are just slower than others. Grant Williams

  25. Dear Grant,
    I’m currently on student visa which going to be expired 31 Sep 2012. I tend to apply for either TR 485 or PR (if possible) right after I finish my study. And my boyfriend is on BVE. I’m wondering if we can get married and i can include him as my secondary applicants in my visa application.
    Thanks so much for your help
    Tianna

    • Immigration Pty Ltd

      Hi Tianna
      Why is he on a BVE? I need more information?
      Grant Williams

      • Hi Grant,
        He first applied for protection visa and he got rejected for that. Then he applied for RRT and he got rejected again. Now he applied for something called Appeal to Minister. Therefore he’s on BVE at the moment.
        Regards,
        Tianna

      • Immigration Pty Ltd

        Dear Tianna Unfortunately there is very litle chance / no that he will be able to be included on your visa application onshore. He is barred by s.48 of th MIgration Act as he has had an onshore refusal.

        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

  26. Hi,

    I was on a 457 business sponsorship but the company were not paying me my wages so I resigned so I didn’t breach my visa. I am still on the visa and have not been issued 28 days, but am applying for a de facto visa with my australian partner. As I am still on the 457 I can only work for the sponsor but as they haven’t paid me anything since I started there we are really pushing for money. I have been advised I can cancel my 457 myself and then apply for Bridging visa E with working rights on financial hardship as I didn’t earn any money with the 457 and still can’t. Is this correct and do you think it’s the way to go? I know it can take a while for the de facto to be assigned to a case officer.

    Thanks

    • Immigration Pty Ltd

      Dear Becky
      That is certainly one way forward but a) not what I’d do and b) if you do go down this path it should only be after you have lodged the Partner application with the 457 still current. Have you tried to get another job, new sponsor as you can then just swap the 457 visa over to a new employer once they have a new approved Nomination?
      It is your current sponsors obligation to inform DIAC that you are no longer employed by the business not your responsibility. However you cannot allow this – on a 457 and not employed situation – to drag on for too long. If you can lodge a perfect decision ready partner application with every document required it is possible that DIAC will process the application in just a few weeks. If the application needs even one additional item you will be placed in the pile for allocation to a case officer sometime in the next year or so.
      Grant Williams

  27. Hi Grant,

    Great job here!

    My situation: Lost my job while on a 457, I havent been notified by DIAC (28 days) yet.

    Solutions: a) get a new sponsor b) apply for a new substantive visa either graduate or GSM in my case, if so, quid of the type of bridging ill be granted?

    I believe I will be on a BVA and then on a BVE when my 457 will be cancelled at some point. Can you confirm?

    What if DIAC never cancel my 457? I assume I can only work through a new sponsorship, otherwise I will have to voluntarily cancel my 457, apply for a BVE AND work permissions. Am i correct in all my assumptions?

    Thanks in advance,

    B

    • Immigration Pty Ltd

      Hi Buste
      No not really.
      If you get another sponsor/job and they get DIAC Sponsorship & Nomination approval your visa just gets swapped over to the new employer as soon as their Nomination is approved.
      If you apply for another visa while on the 457 they grant a BVA and depending on how long the processing is for the visa you have applied for DIAC will either do nothing or proceed to ask about the 457.
      The 28 day thing is a myth. You former employer is obliged to report that your employment has been terminated to DIAC. DIAC then write to you and ask why your visa should not be cancelled as the reason for grant has gone. You write back and tell them you’re going to apply through a new employer and they give you some time – this often takes quite a few months.
      If you apply for say GSM and then apply to voluntarily cancel your 457 on the basis that you’ve made a PR application onshore then the BVE scenario occurs. You’d then apply for work and they’d give it to you. All depends what you do.
      Grant Williams

  28. hello,
    my husband was on WE 050 visa . because he had mrt in processing. but he traveled overseas beacause of some medical problem. but when he applied for visitor visa from overseas then he came to know that he have exclusion of 3years now the want reason to travel back .as e gave them some reasons but they didn’t expect them. how he can come back now. please suggest something for him . and is it possible that when he will have hiring date from mrt so he can get visitor visa fro overseas . please give some advice . thanks.

    • Immigration Pty Ltd

      Dear Simone
      I’m sorry to say I would think there are no real options for him to get a visa to return. He left without permnission to return and he was on a BVE – it would seem because his visa was cancelled – hence the application ban??? DIAC will not be helpful. Perhaps he will be able to access the MRT hearing via phone link and have a representative at the hearing. Depends on the strength of the case of course as to whether any of this is worth trying.
      Grant Wiliams

      • hello grant,
        he did ask to immigration that he want to travel . but they didn’t give him travel visa . they said if u want u can travel then he can apply visitor visa from there nd can come back. but they didn’t tell him that he have any exclusion of 3years. but from overseas they r giving to option . . apply next year as 3years is going to complete next year. second they r saying that satsfied the decision maker that there is spicific reason . but i don’t kno hat reason i can provide them . i am his wife living here alone nd i am pragnant. i can’t live alone i need his assistance but i don’t know that they can accept this reason.

      • Immigration Pty Ltd

        Dear Simone As he discovered you can travel (leave) on a BVE that’s true. To say he can apply for a Visitor visa is also true. If he’d asked will I be granted a VV the answer would have been you’d have to apply to find out. Reality is NO. He should have got advice before he tried this but you can’t change the past. Yes he can try after the 3 year ban expires. Yes you may be able to mount a case for compelling circumstances but my experience suggest that DIAC are not all that sympathetic and given his record they will be less inclined to help. He can apply if his MRT case is scheduled for hearing and sometimes DIAC will grant a VV for him to travel for that hearing. I’m not hopeful though. There is no simple solution. He could try to get an appointment with the Senior Migration Officer at the embassy and see what help they are prepared to extend to him given your pregnancy. Grant Williams

  29. thank u so much for ur time nd information

  30. Hi..grant!
    How u doing?
    My case is that…im on BVE..i applied for partner visa at the end of april 2011.i was at visitor visa previously.
    I was told that i cant travel at BVE at immigration.but my father is a cardiac patient n is unwell and except my mom there is none to look after.he had a heart surgery 5 yrs back and again doctor advised him to go for a surgery as dad is feelinf uncomfortable due to rib problem.
    Plz suggest me wat can i do to travel next month.i was advised to email immigration n explain everything in written n hope for the TR file to be finalised.
    Im really in bad mental state right now coz of helplessness.
    Thanks.
    Zaru

    • Immigration Pty Ltd

      Dear Zaru
      You can leave on a BVE but you cannot return. It is a valid way forward to attempt to get the partner application moved up the queue on compassionate grounds. I’d get some professional help ca) contacting DIAC and b) writing a submission. Your next month time frame is very optimistic some one also needs to do an assessment of your Partner application to see what else DIAC may request.
      I asume you were unlawful when you lodged the partner 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

      • Hi grant!
        I was at visitor visa of 3 months n here i extended again for 9 mnths.but when at 9 month to depart,my husband got PR.so we filed partner visa after doing a long process to get thru from ‘no further stay condition’.the condition so removed n i was at bridging visa A.then my visitor visa date expired so i automatically got BVE.
        However my case is not so complicated…i could have wait some more but i told u the reason to depart for sometime.
        I heard immigration do appoint a case officer in emergency?
        Well..im v thankful to you for ur reply.
        Thanks.
        Zaru.

      • Immigration Pty Ltd

        Good luck

        Grant Williams

  31. Hi Grant,
    I am currently on a Student visa (573) and the visa was given to me to cover the length of a double degree, Bachelor of Commerce/Arts, valid for 5 years. Last semester (2nd semester of my 4th year), I applied for an internal transfer in my university to go from a double degree to just straight Bachelor of Commerce even though I have already done some courses for my Bachelor of Arts because I no longer saw any use for the Bachelor of Arts in my future career and also due to the expensive uni fees. I am now due to graduate in May for Bachelor of Commerce (my results came out last week for my last summer course). My student visa is valid until April 2013, however, I understand that as I am not studying at present, immigration will cancel my visa once my university notifies them of my completion (or I will have to notify them myself). I read from somewhere that it will not be considered a breach of the student visa condition if I completed the principal course (which I did, I only changed to a shorter principal course), unlike many others who just complete their diploma and decide not to continue with their bachelor degree..obviously this information isn’t true. I am also planning to apply for a de facto partner visa with my partner within the next 2 weeks (taking into account the worst outcome that I only have 28 days remaining in Australia). I have made several attempts to contact immigration regarding this matter and they told me that if I choose to have my student visa cancelled, I will be put on a Bridging Visa E, just like you mentioned above. I can consider to continue studying a Master degree next semester, however, enrollments for sem 2 does not open til late March/April and I cannot not be studying during these 2 months while waiting to apply either.

    Now, my question is, assuming that I apply for my de facto partner visa, IMMI then cancel my student visa and put me on a BVE..if I apply for a Master coursework degree in April and get accepted, will IMMI issue me with a new student visa to allow me to study or will I have to remain on my BVE which has NO WORK, NO TRAVEL and NO STUDY conditions?

    I am really confused and feel like all hopes is lost at present because of this. I have approached IMMI months ago but each time they gave me a different and mostly vague response, which ultimately led me to the situation that I am in now. Any help would be greatly appreciated! Thank you.

    • Immigration Pty Ltd

      Dear Pixie
      Long story but put simply you have this all a little confused.
      Your TU 573 runs until April 2013. You’ve now finished your B.Com and are no longer doing the BA component so essentially you’ve finished early.
      First in relation to further study if you now take a new COE for the Masters degree you mention the uni will inform DIAC and you can stay on your current student visa and begin studies as soon as the uni work begins. This is totally acceptable and you do not need to do anything at all.
      If you lodge a Partner onshore application 820/801 visas DIAC will issue you a BVA. This only comes into place when your current student visa expires 04/2013. If you do further studies then again you need to do nothing. If you do not intend to continue studies you should not stay long term on a Student visa up to April 2013 without actually studying – this is a braech of visa conditions. If you do this DIAC will probably write to you asking what you are doing and saying they intend to cancel your visa. There is no automatic cancellation as you suggest and the 28 day thing you mention is basically a myth that comes from amongst other things the period a BV holder has to leave once the reason for a BV ceases. However if you want to stay while the Partner application is priocessed and you do not want to study then you should voluntarily cancel your student visa.
      Read this post on my Blog. Where this proces is explained.

      http://immigrationptyltd.wordpress.com/2011/10/18/voluntary-cancellation-of-a-student-visa/

      Grant Williams

      • Hi Grant! Thank you so much for your reply. I have gathered some new information since the last time I posted here and I’d like to share just in case there are others in the same situation as I am.

        Now to recap, when I called DIAC call centre previously (about 3 or 4 times), I have consistently been told that I will have to voluntarily cancel my student visa if I do not wish to continue studying for the remainder of my visa and will be given a BVE while waiting for a new substantive visa application (partner visa) to be processed. They told me that it is best to visit Student Integrity department in person as their decision is often made case by case.

        I went to Student Integrity (Sydney city office) earlier this week with the intention of notifying them that I have completed the Bachelor of Commerce and I brought with me a completion/award letter from my university as proof. I explained to the officer that I originally enrolled in a double degree Bachelor of Commerce/Arts but last year I changed to just a single Bachelor of Commerce as Bachelor of Arts was no longer useful for me. I also told him that I do not plan to continue studying just yet and will be applying for a partner visa meanwhile.

        I mentioned the previous responses I received from the call centre regarding my case and this is his reply.
        1) He told me that because I have completed my PRINCIPAL course (even though I changed to a single degree, it was still a Bachelor degree and at the same level of study), it is considered that I have only finished early (not quite a breach), so I can remain on my on 573 student visa until it expires in April 2013. My partner was in the same situation as me last year when he applied for his GSM visa and he was told that he is legally allowed to stay on his student visa until it expires (March 2012) because he has finished his course.
        2) I do, however, have to apply for another substantive visa soon (roughly within 28 days from my completion date but an extra 1 or 2 weeks would be ok) and that will allow me to remain on my student visa legally, without having to study. I can freely work, study or travel during this time. My BVA (which I will be given after I apply for my substantive visa, in my case it’s the partner visa) will kick in after my current student visa expires.
        3) If I decide to travel outside Australia while on my student visa, the system will automatically cancel my BVA (as it has a no travel condition) and I will just have to apply for another BVA once I return to Australia.

        I asked the officer to make a note of our conversation on my file and noted down his name for future reference. I hope he didn’t give me false advice :S

      • Immigration Pty Ltd

        Hi Pixie

        That’s very interesting. It is certainly a change from previous policy that basically said you could not just roost on a Student visa for that sort of period. I’m going to make some enquiries of the Section manager next time I’m up at Student Integrity and I’ll post the questions I ask and the answers I get on the BLOG.

        Grant Williams

  32. Hi Grant,
    I am Hari.I have lodged 485 visa on April 15th 2011.I have Completed certificate 3 in graphic pre-press and diploma of interative digital media.I also got relevant work experience.But while applying for 485 visa I din’t had Valid IElTS i.e 6 in each.Till now I am keep on trying for that.I’m worried a lot that what if my file opens.My skills assesment is also unsucessful ecause even they nedd 6 each in IELTS.If my file opens will I get some more time to submit IELTS and Skills assesment.And when my file may open under present situation.
    Thank you

    • Immigration Pty Ltd

      Dear Hari
      You can expect DIAC to open your file very soon – currently about 12 months from date of application. Generally they will request both IELTS and skills assessment. They may give you a short period to provide these items (as liitle as 7 days possibly as you should have submiitted IELTS at time of application and you’ve had almost 1 year to provide the skills assessment) and if you do not comply they will refuse the application.
      Grant Williams

  33. Hello Grant,
    Just want to confirm that how long it takes for a 485 application to get approved when the file is already opened by a case officer and submitted all the documents asked by him.

  34. Hello grant,
    my name is jag.My student visa got cancelled and i applied for MRT. i am on BVE. I have also lodged 485 application which is opened and mine documents (medical examination and police certificates) are due to submit in 1st week of april my wife had a baby after we granted BVE.I informed to my agent about baby and filled form 1022 to upgrade my change in circunstances so my baby can get visa also.
    my concern is do i need to get BVE for baby while i wait for 485 visa?
    thanks.

    • Immigration Pty Ltd

      Dear Jag The safest thing to do is to get the BVE for the child, Form 1008 – it’s free. Just post it into DIAC Client Services. Grant Williams

  35. Hi Grant,

    I just came across this blog through google and found it really helpful. Keep up the good work. I have got a few quick questions as well like others. I came to Australia on 573 visa, studied hospitality and then applied for PR 886. After that since I didn’t want to study further due to the financial pressure, I went to the university to get my degree cancelled and then went to DIAC to get my student visa cancelled and got BVE. It’s been 3 years now since I held BVE and applied for PR. I am from priority group 5 but was assigned a case officer recently (27/02/2012) which I came to know about after calling DIAC. So, 2 weeks since she was allocated to my application. I have not received any email requesting the documents and there is no change in the online status so far. When I rang them and ask them about the email from case officer & change in the online status, they told me that case office takes 4-6 weeks to review the documents and change the online status after reviewing the all the documents submitted at the time PR was applied. Do you think being a BVE holder is causing this delay or is there any negative impact on my PR application for being a BVE holder?

    If not, thats great!

    And since my police checks (Australian & Indian) and medical tests have been expired, do you think it is a good idea to do them again before receiving an emailing from the case officer requesting them to save time later on?

    Thank you very much, Grant..

    Note: I am a freelancer web designer and can create a nice layout for your wordpress blog. Do let me know if you need any help & I wont charge your for that since you are also offering free advise to us. :-)

    • Immigration Pty Ltd

      Dear harmeet
      No your BVE stautus is not causing anything it’s not relevant.
      Yes get onto getting the expired docs now as they don’y give much time to get them when they ask and if you’ve anticipated then you’ll be all set to proceed.
      Be absolutely certain that DIAC have your current contact details – physical address + email + phone. The last thing you need after all this time is for the CO to be trying to contact you at the wrong place. It’s your obligation to provide current contact details. You can call and ask them to check and submit a 929 form to change if necessary. If you do need to change I’d go into DIAC with your pasport and get them to cahnge on the spot as 929 forms sometimes take a long time to get processed and the CO’s request and your 929 can pass each other in the system and cause an major problem that you don’t want to have to try to undo.
      Grant Williams

      • Thanks you very much, Grant, for a quick reply. My contact details and address are up to date in their system so I don’t think there will be any problem with that. I have sent the documents for Australia Federal Police check, booked a medical test for this saturday and will be sending the documents (all prepared) for the Indian Police check on this Monday. If the case officer needs any more documents other than these ones, those ones won’t take long to be arranged.

      • Immigration Pty Ltd

        All sounds good Grant Williams

  36. Hello Grant,

    I find this blog very informative and helpful. thanks
    I was wondering if you can help me out too
    I have applied for partner visa 820/801 whilst on the visa 573 (valid till 03/2013) . I decided to not study for another year or two so i contacted uni and got them to cancel my CoE. Im now on BVE. Is it possible to apply for full time work permit? thanks

    • Immigration Pty Ltd

      Dear Kimi
      Yes on the basis of what DIAC term’financial hardship’ – Use Form 1005 to change conditions on your BVE and attach as much evidence as you can to substantiate any family income and all family expenses all worked out on a weekly basis. I always inclde a full statement of income and expenditure (spreadsheet) + certified copies of supporting docs (recipts, invoices, bank statements, pay slips)
      Grant Williams

  37. Greetings Grant,

    I am hoping you can give me some advice regarding my situtation. I am on a WHV which expires on Monday the 19 of march 2012 but I foolishly failed to notice that my passport expired at the end of last month until last morning. I went to immigration right after I noticed to find out if I could extend somehow like on a tourist visa while still in the country ( not that i can leave without a valid passport anyways ) or if they could do anything for me not to become unlawful but they advised me that they couldn’t do any applications for me without a new passport which after calling my embassy ( Canadian ) found out it would take 15 business days minimum ( to get it to the Gold Coast where I currently live ) for permanent or 5 business days temporary ( but would have to go in person to the embassy in Sydney ) either way no chance i would get it by monday, I called immigration to let them know the estimated time frame for which it would take for me to get my new passport and I was told my best option is to wait it out and become unlawful but to let them know about it. This doesn’t sound right to me?!?

    What’s going to happen to me? I want to go back to immigration in Brisbane again on Monday, last day of my visa but I am worried I’ll just be turned around again saying there’s nothing they can do without my renewed passport…

    I am scared and running out of time!
    What’s going to happen to me?
    What should I do?
    Will I be banned from coming back?
    In 3 weeks my partner ( Australian citizen ) and I ( Canadian ) will have been together for 12 months and were planning to apply for de facto, is this going to ruined our chances?

    My ideal outcome would of been to be able to stay and a month from now apply for de facto with my partner while still in the country is there still any chance of making that happen or did I ruin it all?

    Thank you in advance, I would be forever grateful for your time and advice!

    – E -

  38. Thank you Grant, I will follow the advice step by step and definitely keep you posted!

    Sincerely,

    – E -

  39. hello grant,
    thanks for last reply, i have got BVE for my child.
    I am in a confusion.As u know, i am preparing documents for my 485 application.I applied for indian PCC and submitted our passports to vfs office on 15 march 2012.my medial was booked on 17 of march but i didn’t have passports, medical reschduled on 26 of march 2012 now.PCC’s processing time is 5-7 working days, but if PCC’S does not return before 26 march 2012.
    Is it possible to extend time to submit documents, my deadline is 5 of april 2012.

    • Immigration Pty Ltd

      Answered by phone call.

    • Immigration Pty Ltd

      Usually no but you need to contact the case officer, tell them what you’ve done – show copies of the receipts. You cannot make external bodies move more quickly than they are willing to go. Give DIAC an indication of when they say the checks will be available. Communication!

      Grant Williams

  40. hi there
    i am student in australia i m too much confused about my case i need your help
    the thing is that my student visa was canceled in december due to my low attendance in last college and i don’t have study and work rights any more because i applied for MRT so i have breaching visa E at the moment and at this time rater the wasting my time for the results of my MRT i want to finish my study in this mean time so i have no idea where should i go and what to do… plz help with getting study and work rights.
    when i applied my MRT i did it my self i didn’t hired any advocate or any thing.

    the studies i have done
    is diploma of information technology
    and 6 months of certificate 3 in commercial cookery
    and i want to finish certificate 3 in commercial cookery
    and i have a someone who can sponsor me as chef so i can get PR

    so for now if guys can guide me how can i get the study rights that will b really appreciated thank you

    • Immigration Pty Ltd

      Dear Abi
      It’s not that simple I’m afraid. You have created this problem by not attending. Cancellation of a visa is a very serious process. The only hope you have is to win at the MRT and from what you say that does not sound likely unless you have a good resaon for your low attendance that you can back up with hard evidence. The MRT will process your case quite quickly – usually 90 days from the date they get the file but there are delays. I doubut you’ll get work or study rights given your record. Get some advice on your MRT. If it’s not going to work then you need to start considering some other plan elesewhere I’m afraid. There is no magic solution.
      Grant Williams

      • hi thaks for quick reply…..
        what do advise what should i do next should i hire some advocate who can handle my case because that was a big issue between me and my college i still have hopes that there might b chance i can win case because there was 2 months gap i didnt went to college because i felt like chose wrong study to where as in last two years in my both colleges i never had short attendance and my academic records are good too….
        what happened was i came to australia in 2009 july i finished my 3 months of certificate 3 with 80% + attendance in which my i was competent in all modules .. and then i did my diploma of information technology from cQUniversity same 80% + attendance after doing that my visa was about to finish and i was very confused wht to do or not so i took a quick step in hurry i choose a cheap college in brisbane from where i get the COE and applied for new visa and i didnt went to that college after that i came to perth i and finally decided to finish my cert 3 in cookery i took a offer letter from college but when i contact my previous college and ask for release letter they made complaint against me to immigration thats how immigration canceled my visa..
        what u think is there any chances if i hire a good advocate

    • Hi grant actually my brother was in RRT and now his case has been rejected from there and he is living illigilly in Australia from last 2 days is it possible for him to get any other bridging visa for next 6 month so he can have some time to get professional assistant actually he got 28 days from RRT but at that time he was away so he didnt realize about decision pls replly if u think he can still live legally I will wait for ur reapply thanks

      • Immigration Pty Ltd

        Dear Navjot
        I’m afraid he’s reached the end of the appeal line. He can write to the Minister but that is not likely to work if the RRT has rejected his claims.
        Grant Williams

  41. hi thaks for quick reply…..
    what do advise what should i do next should i hire some advocate who can handle my case because that was a big issue between me and my college i still have hopes that there might b chance i can win case because there was 2 months gap i didnt went to college because i felt like chose wrong study to where as in last two years in my both colleges i never had short attendance and my academic records are good too….
    what happened was i came to australia in 2009 july i finished my 3 months of certificate 3 with 80% + attendance in which my i was competent in all modules .. and then i did my diploma of information technology from cQUniversity same 80% + attendance after doing that my visa was about to finish and i was very confused wht to do or not so i took a quick step in hurry i choose a cheap college in brisbane from where i get the COE and applied for new visa and i didnt went to that college after that i came to perth i and finally decided to finish my cert 3 in cookery i took a offer letter from college but when i contact my previous college and ask for release letter they made complaint against me to immigration thats how immigration canceled my visa..
    what u think is there any chances if i hire a good advocate

    • Immigration Pty Ltd

      Dear abi It would have been much easier to deal with at the s.20 level prior to cancellation. But you cannot change the past so the best bet is to get good help and make as strong a case to the MRT as possible. You may need to shop around for someone up there with MRT experience in these sorts of cases. Don’t just go with the first person who tells you he /she can fix it no problems. It will be quite difficult to win at the MRT with this history. Grant Williams

  42. Hi Grant
    Thanx for all the advices. great blog. So, i have a case i wanted to check with you what to do. My friend was on a student visa for the past 4 years. His visa expired on the 15th of March. He sent his application for a temporary residence (485) on the same day his visa expired. He got an email on the 17/03 stating that he was now unlawful in Australia. We went to DIAC to check with them what was going on. He was told, in the past, while applying for an extension of his student visa that he was unlawful for a few days and that if i understood correctly it was the second time that he breached … (not completely clear on this one, very sorry)
    He got granted the BVE (no work, no study).(what a shock!!) I know he is at fault for sending his paper works on the same day his visa expired.he did send his paperworks on the 15(he was still lawful at the time, just pointing how easy the australian government makes it for international students(playing on hours or days, i know this is THE LAW) who has got nothing and who don’t even gets a chance for hardwork, sorry bit bothered;(
    Now after checking the different options with the lady who was helping us there, he was told ‘he isnt even allow to apply onshore’ even for a student visa ( but she did tell us that he would have got it if he had enroll and apply for ANOTHER student visa before the 15…he was going for the ‘485’, not another student visa.

    If he goes back (mauritius) , is he allow to come back? or is BVE destroying him? is he gonna be ban for 3 years ? is he gonna be granted a student visa offshore ? is there any solution, any thing i can do to get hin out of this. your help would ve appreciated. if you need more information, let me know.

    hoping
    Oli

    • Immigration Pty Ltd

      Dear Oli
      Yes the info on this two strikes system is correct. No he canoot apply onshore. It is his responsibility to lodge his application on time. Posting it on the last day is frankly silly. Why not take it in personally? The rules are the rules. You cannot logically argue – well it’s only one day that’s so harsh – if that idea flys well why not two days and then three and then why have a time at all…? Why not just let people do what ever they want…and so on. The answer is obvious but for those affected it seems cruel at the absolute margin of 1 day. You cannot change this as the government make the rules and DIAC are obliged to follow them.
      He may have a ban but I doubt it under the circumstances. Having said that a new offshore application will prove quite difficult. Yes he can apply but my suspicion is that he will be refused for one reason or another given his ‘record’ of being twice unlawful. They won’t state that reason directly but there are significant subjective assessments that they can fall back to refuse an application that are almost impossible to dispute and there is no appeal for an offshore application.
      Grant Williams

  43. Hi Grant ,
    ‘Merci’ for your reply. Much appreciated. I am very desperate to help him as i am living it more as an injustice than anything else. Well not really the topic.. I would like you to tell me if something can be done with the following.
    So as said before, he was granted the bridging visa E. and it was his second strike. At the time of his first ‘Strike’, the situation was that his visa was expiring on the 17th sept 2011 and he was looking to get an extension to complete his diploma. A month before, he received the news back home that his father had passed away and he was granted a ‘compassionate leave by uni to deal with his personal loss. (27 July – 8 august). He missed the end of the semester. He talked to Uni who agreed to let him complete his studies and his diploma by giving him the extension until the 15th march 2012. i think he was done by december at school. He was granted the extension on the 21st sept 2011 (so was given a first strike X).
    He was receiving his financial assistance from his Father. His mom doesnt work and his got his older brother left to take care of his mom and eventually try to help him. All this happen in a very short space of time, between the emergency news and dealing with his loss, his visa expiring and being given a first strike that will in this case plays against him on the second time X. I was wondering if i could make this statement become more legal sort of way and get the CASE Officer who granted him his extension may be to review his decision/? looking for clarification if possible or not..
    He is also told he cant appeal. I can see that they are treating him differently because on the picture you see 2 times Unlawful.
    If the first time was considered UNFAIR? the second one would become his first strike and will be allow a few rights back ??
    I am not sure , i am just trying to look for a fair way to get him to stay. he is at fault for sending his documents on the same day his visa expired but is there any chance to make them consider all the factors the first time ..no clear frame of mind , how affected are your decisions when you dont know who is going to take care of your mother or where the financial assistance will come from … please help me , find a twist somewhere..

    He left the country a month before his visa was to expire. Had to deal with the exceptional circumstances happening in his personal life. The very short space of time where important decisions had to be taken was framed by the uncertainty of the financial assistance he was receiving before…well my point his father passed away and it did affect his usual state of being ?
    there is one month period.. i dont understand how UNI would be compassionate in this moment but IMMI would then grant him a first strike without taking into account any personal information from the picture ?

    Let me know Mr Grant
    I appreciate your time and your answers.

    Oliver

    • Immigration Pty Ltd

      Oliver You can’t rewrite history. For DIAC the facts are the facts. He has done this twice. Whatever the reason it has happened. The Law does not allow the DIAC officer to go back and look at why it happened. This is an objective not a subjective assessment. Sorry but there is no way to make what has happened go away. In so many instances you get the law which may not be the same as justice. Grant Williams

  44. Pablo Galindo

    Dear Grant
    I have some doubts about my situation, and I would like some advice from you. I am currently on a 457 visa, I’ve been working for my employer for 2 years now, and to be honest, it has been a bit of a hell working there. I waited this two years, and finally, one month ago I applied for PR on a 176 visa, i got the Sponsorship from Western Australia and all the documents have been submited and the application received on Immigration. I still haven’t been asigned a case officer.
    My problem is that the situation in my work has become unbearable and I would like to quit, but if I do, I would have to leave the country and i’m afraid it could affect my PR application.
    I understand that I was not granted with a Bridging Visa as the 176 is Offshore.
    My questions are the folowing: 1. If I voluntary cancell my 457 visa, on the grounds that I’m awaiting on a GSM desicion, even if it is 176 (Offshore), can I apply for a Bridging Visa that would allow me to stay lawfully in the country while I’m waiting for the PR decision?
    2. My wife is a secondary applicant on the 457 visa, and she is included in the 176 application too. I understand, her visa would be cancelled as well, does she needs to apply for a separete bridging visa?
    3. If I’m granted with a bridging visa, can I apply for a permit to work?
    I would greatly appreciate your help. Thank you very much for your time and dedication.

    Yours faithfully
    Pablo Galindo

    • Immigration Pty Ltd

      Dear pablo
      You CANNOT apply for a Bridging visa. Don’t be silly stick it out 176 applications are being processed quickly right now it won’t be long. You can leave and it won’t affect the 176 application at all.
      Grant Williams

  45. Manpreet Singh

    I am on bve granted on partner basis without work rights can u give me some suggestions to get work rights whilst my file in processing

    • Immigration Pty Ltd

      Masnpreet
      You’ll need to tell me a little more about your situation. Why do you have a BVE? Have you lodged an onshore Partner application? Did you voluntarily have your last visa cancelled? If not what is your situation. The answers will let me tell you how DIAC will view an application to change the conditions on your BVE.
      Grant Williams

      • Manpreet Singh

        Hi grant good morning my visa was cancelled because I was working more than 20 hours a week on a student visa and then they rang me to come in their office in Brisbane city by phone call and over there they show me my log book of taxi that was proofing that I break my work condition , and then they did cancelled my visa on 1/12/10 after that I applied for Mrt and they did say u not getting ur visa back and that doesn’t work and ministerial intervention but the minister did not intervene in my case after I applied for protection visa and whilst I was on protection visa I got married and launched my file as a partner basis and they did grant me bve and just couple of weeks I did withdrawal my protection visa application and immigration did withdrawal my application so I think I am on partner visa without work rights
        Thanks grant for quick reply
        cheers

      • Immigration Pty Ltd

        Dear Manpreet

        You have certainly not made yourself popular with DIAc or the system in general. First the breach of visa conditions followed by a series of applications – MRT, Minister, Refugee that had no realistic prospect of success. Not really sure how you have managed to get an onshore partner application accepted by DIAC but you can be sure that they will look at this application very very closely as they will doubt that your relationship is genuine because of your application record.

        \AS far as work permission goes it is not aright it’s a discretion. You can apply but I’d say there is a fair chance they will so no. However it’s is worth an attempt. You need to collect bills. receipts and invoices that cover a couple of weeks – all your normal weekly family expenses. You the average these out and come up with a figure for each item for 1 week. Then work out all other family expenses that are not every week like utility bills, vehicle registration, insurance etc… into weekly figures Then you put all this into an income and expenditure schedule. Don’t make silly claims just list out what you actually spend. You must then attach certified copies of all these bills etc as supporting evidence. You then attach evidence of any family income or government benefits you get as a family.

        Fill out Form 1005 to ask for a change in the conditions on your BVE. Include a certified copy of your current passport and that of your Australian partner.

        You send all of this to DIAC Client Services and wait to see what they say

        Grant Williams

  46. hello grant, I am applying for spouse migration to australia from bangladesh. my wife is australian cityzen and we have a daughter who was born in australia. now both my wife and daughter living with me in bangladesh. I need kind suggestions towards spouse visa application form.

    PLease acknowledge my previous background stated below.

    i went to australia in 1999 on student visa and got back to my country in 2004. i was refused the renewal of my student visa in 2001 as i started working without work permit.i also failed to address MRT on due time and i was asked to come back to my country and reapply if i want to continue my study. but i was afraid to do that rather my lawyer helped me to lodge protection visa in 2002 to buy required time to finish my study.The protection visa was refused and i had no idea about my visa condition . in feb 2004 i decided to come back to my country and informed immigration that i want leave. after confirming my flight i went to immigration and granted BVE to leave australia.
    Now my quistions are:
    1# what should be my response to the Question if i ever had a visa canceled?
    is it Yes or No? when i was refused the renewal and asked to address MRT,does it mean my student visa was canceled?
    2# if i ever convicted of a crime or offence (which is now removed from official record?) is it yes or no? is working without work permit an offence?
    3# left country to avoid being removed or deported? is it yes or no?i was not removed or deported from australia rather i volunterily left by informing the immigration.
    4# been excluded or asked to leave country? I never received such any letter or communication from immigration. its good to mention that i lived in same location from 2001 to 2004 and immigration was aware of it.
    I had an outsatnding debt at RRT which has been paid recently.
    PLease give your kind concerns in regards and also inform whta are my chances to grant my spouse migration visa?
    Thank u for your kind patience.

    • Immigration Pty Ltd

      Dear Upol
      Your questions..
      1. No
      2. Yes and give the details. No the work is a braech of your visa condition not a crime.
      3. No you left under your decision.
      4. No.
      Can’t say what your chances are as I would need to see all your paperwork. Does your child have an Australian passport? What is is criminal matter you refer to?
      How long have your wife and child been with you in Bangladesh sinc eyou left in 2004?
      I need more info to be able to comment prudently.
      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

      • thank you for your promt response and do appriciate your valuable time. i would like to speak to you over phone ,please let me know your flexible time so i can make call.
        now inregards to your query, yes my daughter has australian passport, she was born june 2011. my wife is australian cityzen and stared living with me in bangladesh from december 2009 when we got married. its worth mentioning that my wife took a parental leave from her work. however she went back to australia 2011 before birth of our daughter. and that time i was refused the tourist visa 676 as well as family sponsored visa 679. As i was refused ,my wife came bak with our daughter in october 2011 and living with me in bangladesh.

        inregard to the criminal matters, i dnot have any criminal recored in bangladesh or even in australia. I have the police verfication report from both country and its clear.

        Please advise on stated above circumstences. thank you again.

      • Immigration Pty Ltd

        Dear Upol Happy to discuss this with you on the phone next week. I’m in my office from 10.00am Monday Sydney time. I’ll let you do the time difference calculation. Not available today and out of contact over the weekend. Best to talk when I’m in the office. I’m of the view that you’ll need some help with this application as you’re all living o/s as DIAC have essentially forced this to happen it will be OK but given the immigration history the application needs to be perfect when it’s lodged. 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

  47. Hi Grant
    my circumstances are also same as Manpreet, my student visa was cancelled and now i m on BVE, I also have applied for partner visa as well. I have completed a diploma in Hospitality but I worked in totally differetn field, (carpenter) I have experience over 3 and half years in Australia. I have sponsor who wants to sponsor me ENS or 457. What is the option available to me? Can i apply 457 visa or can i apply permanent Visa.
    Thanks
    JK

    • My visa was cancelled by Immigration department for not attending the classes. and i also want to put an application for work rights on my BVE. can I do that?
      Thanks

    • Immigration Pty Ltd

      Dear JK
      Do you have any qualifications as a Carpenter? If not you will not get a 457 visa using this occupation. You can only apply offshore for a 457 in any case. As your visa was cancelled you have a ban on any application other than partner for 3 years from the date of cancellation. So nothing other than partner will work. Yes you can ask for work permission but clearly you are now working unlawfully and if they find this out they will cancel the BVe you hold and remove you from Australia so be careful! You really have very few options. Not really sure how you managed to get a Partner application lodged but if I was you I’d be hoping that it works.
      Grant Williams

      • Manpreet Singh

        Thanks grant for best and quick back response one thing more if I did show our both hard ship because my wife is not working In the moment it can be negative affect on my file because of assurance support as a she is my wife

      • Immigration Pty Ltd

        No it’s a short term problem hopefully. If she was on Social Security when they come to deciding the application they may request AOS but not if you were working. Grant Williams

      • Thanks Grant for the response and your valuable time. No I do not have any qualification as Carpenter but do have experience of 3 and half year in Australia and almost 3 years of overseas. When I come to know that my student visa is cancelled I stopped working as carpenter as well (october 2011), If I apply 457 offshore do I have to leave the country (Australia), What are the chances of ENS or RSMS( my sponsor is ready to do that)? Partner Visa was lodged before cancellation of Student visa.

      • Immigration Pty Ltd

        Dear JK The 457/ ENS/RSMS will not work as you were cancelled and the 3 year ban on all visa applications (bar partner) will apply. Hang in for the Partner visa grant and then you can work in any area you want without being bonded to any employer. Grant Williams

  48. Manpreet Singh

    Sorry grant I did not quite understand by your these lines can you pls clarifie these again for me and I really appriceating they way you giving ur respond back

    • Manpreet Singh

      Sorry grant one more question I got an employer who would be like to sponsor as a worker in factory and can I apply for that visa and what would be the procedure for that I already worked for him in 2008,2009 as a casual worker he is a big employer in agricultural and farm work in place called Killareny in Qld pls make me clear about that thanks for ur precious time and hard work

  49. dear grant, thank you and i will try to make the call on monday.
    As you already acknoledged my immigration history and and brief status of my family (myself ,wife and our daughter), could u consider suggesting how we can make the application perfect and what are the areas we should be aware of or be more precise so that we can make our application best acknoledged for the decision. and approximately how long it will take for decision after we lodge the application.

    • Manpreet Singh

      Good morning grant can you reply my blog last week I send to you about my query about work visa on bve pls whenever u have a spare time for me

    • Immigration Pty Ltd

      Dear Upol I’m happy to discuss this with you but you’re asking for way too much info over the Blog. You need to get professional help to generate a decision ready application for DIAC. As to how long I lodged one on Monday last week and it was granted on Friday. It was perfect. 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

  50. Hi Grant ,
    It is very good to see someone is helping people in so good way. as every one has question i also have a question related to BVE me and my husband and son also having BVE because i finished my diploma and applied for my PR then i have to go for my degree and my son he has to go for primary school when we came to know that we have to give around $ 8000 plus school fee for our son as i also have to finish my degree , we decided to withdraw my degree as my lawyer told me that if i will do that DIAC will give me BVE after that my husband said it is so much fee my and included our son’s fee then we decided to go and cancel our student visa . DIAC people told us clearly what r the outcome we got full time working visa but no study no travel but our son can study coz he is a kid and need study , so now we are having visa subclass WE050 we filed our application regional sponsored VC 487 visa on 14/07/2009 n fee recevied to immigration office on 28/07/2009 n the processing started after 9 months on 16/04/2010 , now my question how more long it will take to get my 487 visa coz if i get that i dont have to give $8000 as fee and lawyer told us after that we can travel to india as we are having some property issues at home which we need to sort as soon as possible its our property n our hard earn money of life . so that is very urgent thing so plz can u advice how long it will take to my file to open n process so we can go there for month n sort that n can save shcool fee.
    thank you very much for read my story :D

    • Immigration Pty Ltd

      Dear Raj
      I am constantly asked how long DIAC will take to process applications (especially P5) and there is no way I can answer that question. I’m not DIAC. I’m not processing the applications. Their webite gives regular updates and tells applicants where they are are up to each week by date of application. You’ve got to realise that there are many factors affecting the rate of processing that no one (not even DIAC) can predict. All you can do is wait.
      Grant Williams

  51. I had an invalid visa application for the 485 temporary residency. They immi put me on a bridging visa A and gave me 28 days to leave the country. I could not find any considerable cheap ticket in that period of time, and my parents already bought a ticket to go back to chile 20 days after de bridging visa a expire. Can still apply for bridging visa e under the arrangements to depart Australia? I’m thinking to apply for prospective marriage visa in my country, this is gonna affect me? Cranks for your help, I’m very worry.

    • Immigration Pty Ltd

      If you become unlawful before you depart it can affect a TO 300 visa application for Prospective Marriage as there may be a ban on further applications. Oddly his ban would not apply to a Partner application – married or de facto.
      Grant Williams

  52. Hi grant. My specific question is: I’m on bridging visa A at the moment, and expires on the 18 of april. I got tickets to go back on the 14 of may, can i apply for a bridging visa E under the premise of making arrangements to depart to Australia to not become unlawful before my flight? Thanks

    • Immigration Pty Ltd

      You’ve got to become unlawful to be able to apply for a BVE – even if it’s only overnight. Slight snag to your plan I’m afraid. Is there no way you can depart on your BVA? You’re saving money but digging a deep hole to save the money. 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

  53. Hi grant, Thank you so much. I had a chat with my lawyer And she said, if I apply for bridging visa E , I can still do the prospective marriage back home. I’m confused. Can I apply for another visa? Tourist visa? I don’t want to miss the chance to lodge my prospective marriage because my lawyer are confused. Thanks again. Adriana

    • Immigration Pty Ltd

      My understanding is that a ban on an unlawful (on a BVE) person applies to Prospective Marriage applications but not Partner. It seems odd but the reason I’m told is the former is just TR while the latter is actually a PR application with a 2 year waiting period granted on TR. Having said all that DIAC can opt not to apply a ban and this may be what your ‘lawyer’ is referring to. This would normally happen where the BVE was from say a voluntary visa cancellation or some totally unavoidable situation beyond the control of the applicant. being in hospital in a coma for example.

      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

  54. hi Grant, just to acknowledge you that as we conversed, I have emailed you the list of documents. Thank you in advance for your advice.

  55. Hi Grant, I’ve got questions in my head that is really stressing me out. My student visa was automatically cancelled because i didn’t present myself to DIAC within 28 days of notice. i applied for Mrt and was on a bridging visa E. Before my Mrt hearing my long time girlfriend came to Australia on a student visa and we decided to get married. Unfortunately the Mrt decided NOT to revoke my student visa and i got a 28 days notice to leave Australia which i did withing the time frame. i would like to know if i am eligible to apply as dependent on my wife student visa as she is still there?

    • Immigration Pty Ltd

      Earl
      I think the answer is that your visa cancellation comes with an application bar (3 years possibly) so NO.
      Grant Williams

  56. hi grant,
    please advise i have applied in 2009 august 01st pr application from we 050 E visa,
    I came from student visa from degree and only completed diploma, and website says still in progress,
    is there any possibility i might not get the visa, all my friends who had visa A is getting case officer these few days who had applied for Pr after me,

    pls help

    • Immigration Pty Ltd

      Why were you on a BVE?
      How long were you on the BVE when you applied.
      I need more info to be able to comment.
      Grant Williams

      • I came to Australia in 2005
        to study IT diploma and continue a degree in the same field
        i changed the course after completing the diploma and started a certficate IV in Hospitality.
        I finished That course in 2009 and applied for PR.
        My agent told me since i did not finish the degree i have to cancel my student visa in order to apply for PR and also that i will be granted a bridging visa E, its been almost 3 years since i applied. I did not have 7 points in ielts each band, so my aunty sponsored me to come up with the 120 points.

        hope these info is enough, pls be kind enough to comment
        thanks and regards
        Kavinda

      • Immigration Pty Ltd

        From the very limited info you’ve given me it sounds fine; Your agent was correct but your a P5 so you’ll just have to wait a little longer. Grant Williams

      • hi grant thank you very much for your kind time, pls advise what sort of details need to be given, further more please be kind enough to let know do you have any idea maximum number of years that need to be wait to get pr from BVE, and is there any possibility i might not get it after waiting soo long.
        I am a Sri Lankan.

      • Immigration Pty Ltd

        I really cant tell you how much longer it will take and the only way I could comment on potential for a successful outcome would be to see the actual application. Grant Williams

  57. hello Grant,

    Please let me know how to withdraw MRT application beacause my 485 application got accepted.
    thanks,
    jag

    • Immigration Pty Ltd

      Write to the MRT quoting the file number they gave you when they receipted your application and with evidence of your identity. Tell them you want to withdraw the application they will then write back to you. Simple! Grant Williams

  58. I have a friend who unintentionally overstayed his student visa by more than 1 month. He has presented himself in Immigration office and was granted a BVE. He has bought his tickets to fly back within 14 days. But, he has one more term to finish his course and he really wants to fly back with student visa and complete his course. He is a genuine student and has oversight his student visa. Could you please kindly advise is there any chance for him to reapply his student visa offshore?

    • Immigration Pty Ltd

      No chance at all I’m afraid. If he applies it will be refused and DIAC will be difficult as he’s already agreed to depart.
      Grant Williams

  59. rina achhami

    Hi Grant
    I have completed my bachelor of nursing and currently I am working as Registered nurse, I want to apply for 458 visa but problem is I recently got married and my husband is in bridging visa, he has applied for 573 visa and has not approved yet. Can I include him as my dependent.
    Thank you
    Rina

  60. rina achhami

    Thank you Grant
    Sorry it was not 458 it was 485 visa and how can we apply through the , because last time when we were feeling the on line form it did not accept my husband as a spouse.
    Thank you

    • Immigration Pty Ltd

      You can make a paper application. The BV trips up the online system. How long ago did he apply for the Student visa? What is your deadline to make the 485 application? – That is – When does your 6 month since completing your course finish? Grant Williams

  61. rina achhami

    I have completed my study on 28th Feb 2012, So my deadline is 28th of Aug 2012 and my husband has applied on 14th March 2012.
    Thank you
    Rina

    • Immigration Pty Ltd

      My advice wait until the Student visa is granted. I’m assuming you anticipate no problems with the student application. Grant Williams

  62. angelica procter

    i have i question for you…. we my husband and me were in a 457 visa for 4 years, the sponsor sold the restaurant and my husband switch with the new owner but by mistake they don’t follow the application they stop in the sponsor application and when our old visa 457 expire the diac send us an email to let us know we where without visa…. we were in panic because we though they did their job so they gave us a bridging visa e and we applied for the new 457 but they refused the application…. we went to mrt and now we are waiting, before they refused the 457 the owner apply for a pr as a sponsor and they accept… we apply for the pr with sponsor because we have applied for a 176 in 2009 but they said we don’t have a substantial visa to apply…. witch options we have? we have to wait two years for the mrt response? or if we leave the country we can apply for the pr with the sponsor before this expire? thanks for your response

    • Immigration Pty Ltd

      Angelica
      If the employer has Nomination approval for the business in the ENS system you could lodge an offshore ENS application (121 visa), if you meet the criteria for the visa and if you get some help this could be decision ready and then the path to PR may be a lot faster.
      To work this out you’d need to get someone who is experienced with this sort of case to assist you witht he applications and travel necessary to get this done.
      Grant Williams

      • Angelica procter

        Thanks Grant for your response, the employer has the nomination approval but expire in August, we have to apply before this? Because we are planning to leave in November but if we can apply offshore we will do it, they don’t apply the banne of three years?we can apply even if we have the mrt?

      • Immigration Pty Ltd

        Yes you must apply if you are eligible and the application must be receipted for processing before the Nomination expires. After the August Nom expiry you will need a new Nomination for an offshore application. I’ve just looked at your previous post and I’m of the view that as you’ve been unlawful (no visa) there will be a ban on you making any application offshore. However you’d need to confirm this with DIAC. Check before you apply as it’s a very expensive process and they usually don’t give refunds. Grant Williams

  63. Hey Mr.Grant
    i got a question to ask i came to australia on student visa 572 in 2009, i got section 20 from immigration and my student visa got cancelled, i applied to revoke section 20 but it got declined.So right now my case is with MRT and i’m on BVE. i’ve got a registered employer who s ready to sponsor me for V457 for a position of cook. i’m wondering if i can apply visa onshore ?
    or any other option to remove BVE and get another valid visa.
    Thank you
    Bajwa

    • Immigration Pty Ltd

      No you cannot apply onshore unless you win at the MRT. Also as your visa was cancelled you will be subject to a DIAC 3 year ban on further applications – onshore or offshore. Let’s hope you can win at the MRT.
      Grant Williams

  64. Hi Grant
    My brother is in deep trouble. He came to Australia two years ago on Temporary Residence Visa. He was employed for 2 years. His TR expired on 6th may 2012. He was supposed to lodge his application for PR before 6th May which he didn’t, unfortunately. His application got rejected by DIAC reason…..late application……..not eligible for the PR (as his visa expired on 6th). Presently he is on bridging visa. Please guide us as my brother has already wasted more than 5 grand on agents. All are interested in the money and no one is guiding him properly. What are his chances of getting a PR??? Is there any way out????
    Could you please guide him.

    • Immigration Pty Ltd

      Poonam
      This does not quite make full sense to me. I need more information.
      It might be better if you give me a call tomorrow after 10.00am and I’ll be able to ask a few questions and see what if any options there are.
      Grant Williams 0430351877

  65. Hey Grant,
    I was granted a student visa in 2008 which was valid for three years but I overstayed my visa by one day.On the same day, I panicked and went to see my immigration agent who told me to go see the immigration department immediately and explain why I overstayed my visa by one day. The officer gave me a bridging visa subclass 050 and I was given two weeks to forward him my return ticket. I left Australia three weeks after I was granted the bridging visa and now I am applying for a de facto visa as my partner is an Australian citizen and we have been living together for more that a year. I am just wondering if breaching the law would prevent me from going back to Australia or to apply for any types of Australian visa.

    I have not received the three year ban (so far so good!) but I am really worried about my visa being rejected. I have been surfing online and saw that thousands of people overstay their visas every year, that’s amazing! Please could you let me know if I am still able to go back to Australia without major problems..

    Thank you in advance
    Cenia

    • Immigration Pty Ltd

      Cenia
      This will not be any sort of problem in relation to a Partner applicatiion. The ban were it to be applied would basically cover all other visas but it is not applied to Partner applications.
      Grant Williams

    • Thanks! I am applying for my tourist visa to Australia in July, will that also be a problem?
      Thanks so much, you just lifted a weight off my shoulder!

      • Immigration Pty Ltd

        Probably. DIAC generally to not grant VVs to applicants who have lodged Partner applications. Grant Williams

    • I haven’t applied for my partner’s visa yet, just want to go on holidays before I start anything..

      • Immigration Pty Ltd

        Ok Then the BVE will almost certainly mean that you will not get a Visitior visa. Grant Williams

  66. Dear sir

    I am on bridging visa A after my student visa expired in March 2012. DIAC have given me bridging visa A because I supposed to finish my study in Dec. 2011 but I have failed one subject and I have to do the supplimentary exam which was held in April 2012 and IF I have failed again after the supplementary exam then I will have to re enroll that subject again in August 2012. Before my studen visa was expired, I went to the immigration and told them about my circumstance and I was going to extend my student visa but they have asked me to renew the student visa as well as they have been granted me a bridging visa A since in March 2012.

    I have done the supplementary exam and the result was I passed that subject and I do not need to re enroll in that course again as well as I do not need to apply for a student visa again and I have withdrawal my student visa applicaiton which is has not been yet processed . After I have cancelled my student visa application they have given me 28 days time frame after that my bridging visa will be ceased which is on the 25 May2012.

    Now I am on bridging Visa A and will be ceased on the 25 May 2012 and I am going to apply for 485 visa but I still have not have a transcript yet because I still have to pay off the university fee and they will give me nothing without paying the uni fee. Anyway, as I know that I can not apply for 485 visa IF I have not had a basic requirement and the transcript is one of them. What can I apply now to be lawfull in Australia now. I was thinking about apply for a tourist visa during wating for the transcript but I am worry about I will get the condition 8503 because if I got this condition that mean I cannot apply for 485 onshore.

    PLEASE GIVE ME SOME ADVISE…

    • Immigration Pty Ltd

      Kanya
      Yopu should not have withdrawn the student application. If you want to saty here you have to make some visa application that when granted will allow you to apply for the 485. If you have the completeionletter you can make the 485 application but time is running out. Can’t tell if DIAC will apply 8503 as a) I don’t know enough about your case and b) it’s optional and up to the case officer.
      Grant Williams

  67. Thank you very much for your answer Grant, I have to withdrew my student visa application becasue they have asked me to provide the new COE which I could not get one from the uni because I did not enroll the course with them any more as I passed my supplementary exam. I will go to see the migration agent this afternoon, now I have no idea what else can I do.
    Regards,
    Kanya

  68. Hi Grant,

    I will get my transceipt from the uni tomorrow on the 24th May but my bridging visa A will be ceased on the 25th May and I went to the migration agent yesterday and he told me that I am unable to log the 485 applicaiton online because of I did not hold a subsentive visa now, so I have to post it. Is that right?

    Kind Regards,
    Kanya

  69. I came to study in Australia in 2007. I completed my bachelor degree in august 2010. Then in January I again undertook masters of construction degree and due to finish in August 2012. At the moment i have 60 points. .After my research I have two or three options, Those are as follows.
    Firstly I have a deli ma if i will be able to apply for 487 regional relative sponsorship visa. On the other hand I have heard it takes a long time to process this visa, is that true? Could you please let me know how long and if i wait will i get the visa, if i comply with all your condition.

    On the other hand my degree is recognized by Australian Institute of Quantity Surveyors. My occupation also falls under the critical list and happy to work in regional areas within Australia. So could you please advise me , on various links to apply for state sponsorship, the duration it would take and also the eligibility criteria.

    Thank you for your time in reading the above issue. I also hope to hear from you at your earliest convenience.

    Kind Regards.
    Rijal

    • Immigration Pty Ltd

      Rijal
      You can Google the links the same as I can I’m sorry but I don’t have enough free time to put this all there for you over the Blog. If you need detailed help like this you need to engage a good local registered migration agent. Seems to me that someone needs to look closely at your situation to tease out the best option for you. Not really what I do here on the Blog.
      Grant Williams

  70. Dear Grant,

    I wonder if you could help me.

    The situation is like this, I already submit all the requirements for spouse visa and got approval for my bridging visa A, which will in effect when my student visa expire.

    The problem is at the moment, I just found out that I’m actually pregnant. So I can not continue to fulfill the requirement of student visa anymore, and when I spoke to a staff in department of immigration, they said they will give me a bridging visa E instead and will revoke my bridging visa A.

    This bridging visa E as you mentioned above got a lot of limitation, I might not have the work and study permit, I can not leave Australia and in case my spouse visa rejected, I can’t reapply for another type of visa.

    I’m really scared since the staff in immigration said they don’t suggest me to get this visa, and to continue my study instead. But since I’m pregnant and I’m doing hospitality, I don’t think I will be able to manage study while pregnant.

    Will you be able to help me to suggest what should I do in this case?
    Should I just go with the bridging visa E? Is there any consequences in doing this?

    Thank you for your advise

    • Immigration Pty Ltd

      Jude
      I agree with the DIAC staff stay on the student visa and do the best you can for as long as you can. Then go to your education provider with doctor’s certificate that says you need to cease study for a period b=due to your pregnancy and apply for leave from your studies. All being well you’ll get the partner visa soon. I hope you did the medical before you lodged your application.
      Grant Williams

  71. Hi Grant Thank you so much for all the useful insight above!!! I have a question and i am sure your expertise will help. I am an Austrailan citizen- i recently got married but my husband is on a student visa. We got married o/s, but when we got back to Australia we went to the immigration office and he was granted a BVA along side his student visa (which was not due to expire until December 2012). We asked the immigration office if we could cancel the student visa, as he did not wish to continue his study- they however said that he couldn’t cancel it and we would have to wait for it to cancel naturally in December. We also inquired if he could work full time (as you know that student visa only allows 20 hours a week)- they told us that if he does not wish to study then he can work full time (in the same way that if he was on holiday from his study he could work full time). However, because he stopped attending college the college cancelled his COE, and his student visa was automatically cancelled without any warning/advise from anyone. We went to the immigration office and they told us that his visa was cancelled and he now must go on a BVE. He can not work at all unless we file for financial hardship, My question to you is 1. because we want to build a future together we have quite a bit of savings in our account- will this mean that financial hardship will be difficult to get? I would like to know how they assess a situation for hardship? My second question is that if we do get financial hardship- then when the Partner visa will be assessed- my obligation as a spouse means that i am agreeing to financially support my partner- will this create a problem when they assess the partner visa- because i have not fulfilled my spouse obligations? My third question is- is there any possible way for him to work full time on a BVE or even under financial hardship or will he only be granted 20 hours per week? Your expertise and advise is greatly appreciated.

    • Immigration Pty Ltd

      Mandy
      NBot sure who gave you the first lot of advice at DIAC but it was completely incorrect.
      Questions
      1. Yes savings will affect financial hardship. They can refuse in this basis.
      2. If they grant financial hardship it will ahve no affect on your partner visa.
      3. If they grant work rights it will be full-time.
      Grant Williams

      • Thank you so much for your advice Grant, I appreciate it! I will fill out a request for financial hardship regardless of the savings and hope for the best. Your quick and efficient information is greatly appreciated.

      • Immigration Pty Ltd

        Good luck Grant Williams

  72. my wife has a bridging visa e in mrt .she can gonwith me on 457 visa after july or not

    • Immigration Pty Ltd

      No she would need to depart to be included in a 457 application.
      Grant Williams

      • if i will apply after july 457 vias then can possible because still am on student visa .my owner will give me sponser after two month .any other way to save her .

      • Immigration Pty Ltd

        Yes you can apply from the student visa but as I said your wife will need to be o/s at time of application. Grant Williams

      • wht about three year ban.still can apply from o/s .if she will withdraw her mrt file then she has to go back with three year ban after that she can apply

      • Immigration Pty Ltd

        Aman The 3 year ban is for all applications on and off shore. After 3 years she can apply again Grant Williams

      • that means she can’t apply now with me she has to wate for three year

      • Immigration Pty Ltd

        Aman If the ban has been applied by DIAC yes that is correct. Grant Williams

  73. hi grant
    My bridging visa 485 has been refused recently because when i lodged my application, my ielts reuslt has expired few months, this due bceause of my student visa was about to expired and i used the expired to apply for 485 visa. I had taken ielts exam in oct and got 6.5, 2 band 7, 1 6.5 and 6, but i didnt attached it together with my scan documentation. Now i have to apply MRT, since i have a valid ielts, can i have a chance to win the tribual?

    • Immigration Pty Ltd

      aber If you got the IELTS result you mention after you applied for 485 no you cannot win at the MRT as you had to provide it at time of application. If the IELTS result was before you applied but you just didn’t attach it then yes it’s possible. Grant Williams

  74. Hi!Williams,I am wondering that what will be next as my BVE has been cancelled just 2 days before.I was in student visa and coz of the employment reason my student visa was cancelled .After my student visa cancellation I had continued my study and it was going good .what will be the possibility of comming back in future.I got cancelled my BVE on 18/06/012 and i am in force as MRT affirm.Do I have to leave voluntarily within 28 days of that that?or I have to cantact the DIAC??

    • Immigration Pty Ltd

      durlav
      Yes you must leave. If your BVE has been cancelled you need to leave now as you have no visa. Can’t really tell from what you say as you may be misunderstand this and you may have 28 days to depart. Check on VEVO on the DIAC website and it will tell you your status and BVE expiry date if it’s still in place.
      As far as further applications go you will have a 3 year application ban.
      Grant Williams

  75. Many thanks for your selfless service here, Grant. I’m really glad I stumbled upon your blog and am hoping you can share your thoughts on my situation. Please do pardon my vagueness.

    I have about a fortnight left on my WHV, and for the last 6 months or so, I have been interviewing at several high-profile professional/managerial jobs that would sponsor me. Unfortunately, no offers of employment have been made thus far and I still have a number of outstanding applications as well. If/when my WHV expires or in the days just prior to such, would I be able to apply for a BV(E?) on the grounds that I am clearly capable of senior-level employment and fully intend to apply for a substantial working visa (namely onshore Temporary Business Long-Stay, ENS/RSMS, or even SkillSelect)? I am currently working in a senior-level role but it seems unlikely that my employer would be able to sponsor me; that said however, I could at least keep working there during the interim if granted work rights on the BV (and I do have compelling financial hardship reasons to work).

    One caveat to this is that I previously held a TU visa but had a very serious falling out with my educational provider halfway through my double-degree program last year, such that I took the unprecedented step to voluntarily request that DIAC cancel that visa entirely prior to applying for the WHV. I still have yet to fully address the litany of confronting issues with said provider via ongoing external mediation processes and so I would also like to stay in Australia to see that through — in addition to the above employment matters. Basically, I foresee another 3-6 months to finalise either situation or both.

    Any advice you have would be much appreciated, for I don’t want to leave the country, get banned or be destitute!

    • Immigration Pty Ltd

      Poppy
      No you cannot apply for a BVE for either of these reasons.
      You only get any BV if you lodge an application onshore or in the case of a BVE you’re unlawful and you apply to get a BVE to depart.
      Cannot not happen the way you hope. Sorry.
      Grant Williams

  76. Hello Sir, Thank you for providing this service.

    My case is as follows:
    1. I arrived in Australia in January 2008 on a subclass 573 visa. I applicant completed certificate iv in hospitality and diploma of hospitality management in March 2010.
    2. I further applied for student visa 572 on 10th may 2010 and was refused by the department on 24th September 2010. The main reason was that my father showe money fradulently in account
    3. I applied to the Tribunal on 5 October 2010 for a review.
    4. While waiting for review , I finished diploma of management between 7 June 2010 and 14 January 2011 and an advanced diploma of management between 14 March 2011 and 7 October 2011.
    5. On 13 March 2012 the Tribunal agreed with the Department’s decision.
    6. On 10 April 2012 I applied to the Federal Magistrate court.
    7. On 3 May 2012 the FMC dismissed the application because of non appearance of my lawyer.
    8. My agent advised me to reapply overturning the default judgement and has got a new date in July 2012.
    9. I had BVA till 30 May 2012. My lawyer filed papers on 4 June 2012. But the department showed no bridging visa
    10. I went to department yesterday and they gave me Bridging visa E
    11. I found a sponsor who is ready to apply for 457 work visa for me.
    Can i leave Australia and apply for my work visa from India, asap? And then come back when it is granted

    Please guide me sir

    • Immigration Pty Ltd

      Neels
      You can try but there is always the prospect that DIAC will raise the issue of fraud in the earlier application. 4020 may not apply as its more than 12 months ago but they can then raise a character issue and possibly refuse a new application on this basis. Also all your subsequent applications have been only to buy time as you admit to=he docs were false. They will not be well disposed to your future applications therefore for both these reasons.
      Howver everyday I see things granted that as I undersatnd the law should not have been grated so it’s worth a try I guess. You don’t really have any opther options do you?
      Grant Williams

  77. Hi
    I am currently on a 457 visa. I am worried I will lose my job in the next two months therefore if I apply for PR (subclass 175 visa) and my application has been submitted before I lose my job what happens from the date I lose my job (or 28 days after my 457 visa is cancelled) until my application is approved?

    Thanks

    • Immigration Pty Ltd

      Louise
      The 175 visa disppears on 1 July 2012. So you better hurry if you want to apply. An offshore application has no impact on your 457 visa. If you lose your job you’ve either got to find a new sponsor, apply for some onshore visa or depart.
      Grant Williams

      • Hello grant,my name is Rohan I am amndeeps friend, I am an Australian citizen and my sister Is on a work visa,I want to apply for my parents PR,my father is 54 and my mother is 52,what is the procedure and chances of the to get PR.

      • Immigration Pty Ltd

        Aman

        Not what my Blog is here for. You need to make an appointment and come and get face to face advice about this matter. Way too much info to give via email.

        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

  78. Good Morning Grant,

    How are you? I will finish my masters of construction in August 2012. My course in the critical shortage list. I have a relative staying in melbourne. I want to apply for 487 sponsership visa. My only question is how long will it take for the immigration office to grant me the 487 visa?

    • Immigration Pty Ltd

      NO idea. How can I know this? Depends on the volume of applications / how many they are processing in any period/ the quality of your application etc etc… Grant Williams

  79. Hi grant

    I was before BVE 050 condition now I applied for partner application

    My question is will they grant me permission of travel on bridging b

    Sanjay

    • Immigration Pty Ltd

      Sanjay
      No you cannot get a BVB from a BVE. When you lodged your partner application what BV did it say you have been given. It’s on the leter under Immigration Status.
      Grant Williams

  80. Hi Grant, so nice of you to guide us. I went through all the posts,it was so helpful . My case is as follows: I was enrolled in diploma of community welfare in 2009 for 2 years in a tafe, followed by degree in social work for another 3 years at vu university.
    After 1 semester at tafe, I decided to do a master in accounting so I cancel my Coe for the diploma n enrol for the master. at vu university.
    I have completed my master, n I have already applied for pr.
    I came to know I’m still on student visa for the bachelor till march 2014.
    Did I breach any conditions? Will I be in Bve? I cannot do the bachelor as I did not complete the diploma .
    Thank u so much

    • Immigration Pty Ltd

      Jessica
      DIAC know you have chanaged courses as every COE gets copied to them automatically.. I assume you have a 573 visa as your primary course was a bachelor degree. You have made an 885 application and DIAC seem to be letting people who have finished their course and applied for PR just sit on their Student visa while they wait – in my view you are in breach but they seem to be ignoring these cases as a policy decision – not sure why but who cares if it works for you.
      I assume you got all the appropritae relaese letters etc from TAFE colleges and Unis when you changed courses so they will all be OK and not making complaints to DIAC. If all that is correct you’ll probably be OK but you do have a very long time left on your Student visa and you are not studying.
      Grant Williams

      • Thanks Grant for your response, yes I have the release letters. Vu university told me they report me to immi already as I attending classed. However, when I contact immi, I was told I’m still on my student visa till 2014. So, I’m not able to work full time :( . So, if immi cancel my student visa, will I b on Bve automatically? My visa 885 is already allocated to case officer, but unfortunately we don’t know when it will clear.

      • Immigration Pty Ltd

        Jressica
        Just hang on for a while and see how long it takes to finalise the 885. No you don’t get a BVE automatically. When DIAC cancel a visa you become unlawful and must then apply for a BVE to say leagl and wait for your 885 to be finalised.
        Grant Williams

  81. Thanks Grant, your advice is very useful to us.

  82. Dear sir , I appled for student visa but I my student visa is refused, becuse they said I don’t have a subsitute visa than I they gave to me option for MRT and after one year I got refusal and reasion is same again. So, please I just want to know can I applied for spose visa now Becuse my husband got 457 visa and immigration gave to me 28 days and now only 25 days left please give to me any suggestion please what should I have to do know. Thank you . With regards.

    • Immigration Pty Ltd

      Sukhjit
      You mean substantive visa I assume.
      No you cannot make any application while you are in Australia. Got be added as a dependant on your partner’s 457 visa you will a) have to depart and b) you must have been named as his partner when he lodged the application and was granted the visa. If you were not acknowledged in the visa application you will not be seen as a partner unless your relationship began after he applied for the visa.
      GW

  83. Hi I am going to apply for 457 visa but I am on bridging visa I just need to know that can I go overseas if I applied for 457 visa.will I be granted this visa if I am not in Australia.or I have to be in Australia .or can I be grant for any class of bridging visa b or any other option.thanks

    • Immigration Pty Ltd

      Meetu
      Why are you on a BV? If you have had an application refused you must be offshore to be able to lodge the 457 application. What BV are you on? If it is a A then you can get a BVB to travel. Yes the 457 can be granted if you are overseas but to be sure I need to know more about your situation.
      This is not as simple as you think it is.
      GW

  84. Hi Grant. Good evening.

    I really need advice if you an help me I would really appreciated thanks. My fiancee has overstayed in Australia for about a year, When we marry next month, will immigration let him stay if he marries me i am australian citizen,of we apply for spotse visa? or will he has to go back to india after applying for spouse visa? my fiancee came here as a student visa. What should we do? what happens if i beome pregnant will immigration let him stay? please i not want him to ho please give me advice thanks.

    • Immigration Pty Ltd

      Fabi
      You need to get professional face to face advice immediately. Generally if you have not been a couple that is living together for more than 2 years he will need to return an lodge the Partnerbapplication in India.
      GW

  85. Thank u grant for your information, I really appreciated, we have not live together as we travel state to see each other he is in queensland and I am in NSW. Maybe you can help me regarding this issue as my situaiton is very intense and difficult. My partner is coming here soon, to Sydney and will get married, but if he get married will they deport him since he overstayed here in Australia. How do I Sponsor my partner? Can I sponsor my partner here in Australia with him even though her overstayed? I do work full time and If my partner has no choice but to go back to India is it a good Idea if I go with him so immigration will know our relationship is genuine and will he be able to applt for a different visa and come here? Maybe I need to talk to you in person as there must be a way, I cannot tell you everything here, Maybe I need to talk to you in person and how much it will cost me. If my partner goes to India can he apply for a another visa or can he apply for a visa here while he is in Australia after marriage or will he be deported back after he marries me, sine he overstayed in Australia please let me know and I apologise for this message maybe I need to talk to you in person. Give me a bit more advice my circumstances with my partner is very delicate thanks.

    • Immigration Pty Ltd

      Fabi Sounds like you do need a consultation. No they will not give him any visa to return as he is now unlawful. Right now you do not. Have a qualifying relationship. Once you are married the only option will be for him to return to India and lodge offshore. My consultation fee is $150 but you will need to call to set an appointment. All my contact details a re on the Blog. GW

  86. Hi my name is raj am going to apply for 457 visa .am working as a chef at same place from last 3 year .I have a 2 year paid experience .can I apply without tar or not . Thx

  87. Hi Grant

    My Student visa was cancelled last year. It was an automatic cancellation due to section 20. I applied to revoke the cancelation but that got rejected. then i applied at MRT for the review but that one is also rejected because i did not replied to them when they asked me because i received their response letter 12 days late from the due date that they gave me. It happened because i changed my address but i didn’t notify MRT about that but i changed my address at immigration before my file was opened. I want to know that can i apply for a Judicial review or Ministerial Intervention. I am on BVE & its going to expire next month as the decision was not in my favour

    • Immigration Pty Ltd

      Sam
      You cannot apply to the Minsiter unless you have not been refused at the MRT.
      I’m not a lawyer so I cannot comment on Judicial Review.
      I would think you are just wasting your time and mioney.
      GW

  88. Hi….
    I am on BVE. n i lodge appication for review (MRT) .In this situation can i apply for my parents visitor visa. I can’t travel.. But can they visit to me?? plz response…..
    thankxxxxx

    • Immigration Pty Ltd

      Urvansh
      You cannot apply for anyone’s visitor visa. However your parents can apply for themselves.
      GW