brian2010 Posted December 12, 2013 Share Posted December 12, 2013 Hey folks Ive been given an invitation to apply for a 190 visa ( happy days ) recently . Im currently in Sydney on a 457 visa and that doesnt expire till mid next year. Now i dont plan to apply for the 190 visa till after I come back from asia, Im flying out 21st dec to 5 th Jan. Do i need a bridging visa B even though I will not apply for the visa till after i come back but i have been given the invitation from skills select? Link to comment Share on other sites More sharing options...
Rupert Posted December 12, 2013 Share Posted December 12, 2013 Are you still working for your sponsoring employer on the 457? I don't really understand the situation enough to comment on, so you need to clarify the above. Link to comment Share on other sites More sharing options...
brian2010 Posted December 12, 2013 Author Share Posted December 12, 2013 Yeah still working for the employer that sponsors me on the 457. I know if I apply for the visa I need a bridging visa B but seeing a just have the invitation do I need a bridging visa B. Link to comment Share on other sites More sharing options...
Rupert Posted December 12, 2013 Share Posted December 12, 2013 Well no of course not. You have your 457... Link to comment Share on other sites More sharing options...
brian2010 Posted December 12, 2013 Author Share Posted December 12, 2013 Yeah that's what I thought. I'll double check with immigration Thanks for your help Link to comment Share on other sites More sharing options...
Rupert Posted December 12, 2013 Share Posted December 12, 2013 Yeah that's what I thought. I'll double check with immigration Thanks for your help You don't need to double check with immigration. You have a 457 visa, I am a bit puzzled as to why you think a bridging visa B comes into it to be honest. Link to comment Share on other sites More sharing options...
blossom Posted December 12, 2013 Share Posted December 12, 2013 Agreed. Bridging visa b wouldn't be needed even if you had applied for the new visa. You would have to reapply for bridging visa a when you came back into Australia as your bridging visa a would have been cancelled. You couldn't apply for bridging visa b as your bridging visa a doesn't actually kick in until your 457 expires. You currently have a valid visa which allows re-entry to Australia. That is all you need for now. Link to comment Share on other sites More sharing options...
wrussell Posted December 12, 2013 Share Posted December 12, 2013 Bridging visa b wouldn't be needed even if you had applied for the new visa. My word it would. Upon application for a 190 bridging A would be granted by opration of law, but would not take effect until the 457 expired. Notwithstang the fact that it had not been activated. a departure from Australia would cancel the bridging A and the OP would become an unauthorised non citizen (illegal) when the 457 expired. This can usually be rectified by applying for a new bridging A, but the 4-year clock would have to start again for a citizenship application if the applicant had been 'illegal' for even one day. It would be interesting to see what immigration advise, you never know your luck. Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 12, 2013 Share Posted December 12, 2013 I actually find this a really interesting topic, as here and on another board there's always conflicting advice on this. "Yes, you need to get a BVB before traveling abroad, even if your BVA hasn't kicked in yet because your old visa is still active," and "No, you just travel on your old visa and call Immi to reactivate your BVA when you get back into the country." I have been really hoping for a definitive answer on this. Westly, you said it WOULD be necessary, but OP would only become illegal when the 457 expired. So, what if the 457 were not going to expire anytime close to when the trip ends? If, for example, the first substantive visa does not expire for several months, so consequently the BVA has not activated yet, and you leave the country on your substantive visa (canceling your BVA), re-enter on that same substantive visa, and get your BVA reinstated. You were not without that substantive visa for any period of time. Is there ANY reason not to do things this way and to apply for a BVB first instead when there is (seemingly) no risk of you being illegal/restarting the clock for citizenship? Personally, if I'm ever in this situation myself I will be going the BVB route just to be on the safe side, but so many others seem not to do it that way I wonder if it's unnecessary. I do understand, of course, that if the end of your trip is going to be within a couple of weeks of the expiration of your first substantive visa, THEN it would probably be 100% essential to go the BVB route, not knowing how long Immi will take to process the reinstatement of the BVA. Link to comment Share on other sites More sharing options...
Raul Senise Posted December 12, 2013 Share Posted December 12, 2013 Hey folks Ive been given an invitation to apply for a 190 visa ( happy days ) recently . Im currently in Sydney on a 457 visa and that doesnt expire till mid next year. Now i dont plan to apply for the 190 visa till after I come back from asia, Im flying out 21st dec to 5 th Jan. Do i need a bridging visa B even though I will not apply for the visa till after i come back but i have been given the invitation from skills select? If you have only received an invite but have not applied for a subclass 190 visa you could not apply for a bridging visa B even if you wanted to. You can apply for a bridging visa B if you already hold a bridging visa, which it does not appear you do. Link to comment Share on other sites More sharing options...
blossom Posted December 13, 2013 Share Posted December 13, 2013 My word it would. Upon application for a 190 bridging A would be granted by opration of law, but would not take effect until the 457 expired. Notwithstang the fact that it had not been activated. a departure from Australia would cancel the bridging A and the OP would become an unauthorised non citizen (illegal) when the 457 expired. This can usually be rectified by applying for a new bridging A, but the 4-year clock would have to start again for a citizenship application if the applicant had been 'illegal' for even one day. It would be interesting to see what immigration advise, you never know your luck. So to sum that up, they don't NEED a bridging visa b, but could pay for one if they wanted... Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.