appleosprey Posted March 8, 2014 Share Posted March 8, 2014 My partner and I have been together for a few years but only have proof for the last 12 months in a defector relationship, we are going to apply soon for the partner migration visa and I think he will get a bridging visa until this is decided. We we have booked a couple of cruises around the end of the year that sail around Australia but include NZ and Bali so they are not domestic cruises. will this be a problem for the authorities as he will have to apply for permission to leave the country ( we will be leaving on the cruise together)? we have savings and want to be able to cruise, I don't know weather to apply or not if they are going to say no. Our cruise was booked a while ago and we don't want to lose our money nor do we want to risk our visa i read that you have to have a good reason for leaving the country, well our reason is we want to enjoy our lives and travel is a passion and he won't be able to work on the visa so it's better than sitting at home i would be grateful for your help thanks in advance Link to comment Share on other sites More sharing options...
Skelinoz Posted March 8, 2014 Share Posted March 8, 2014 Most bridging visa's do not allow you to travel and if you leave Australia the visa cancels and you won't be able to get back in. I was on an A whilst awaiting a parner visa decision and that had a no travel restriction. You can travel on a Bridging visa B but you have to be on another bridging visa type to apply for it. I believe its designed for compassionate travel, dont know about going on holiday. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 8, 2014 Share Posted March 8, 2014 After you apply for the partner visa, he will be issued a Bridging Visa A (which gives him full work rights, so yes he can work). The BVA is cancelled if he leaves Australia, so he'd need to apply for a Bridging Visa B to be able to re-enter Australia. If you have proof of travel already booked and paid for, that should be sufficient for the BVB to be granted. Link to comment Share on other sites More sharing options...
Skelinoz Posted March 8, 2014 Share Posted March 8, 2014 That's not the advice I was given by DIAC in Canberra. I was told when granted my Bridging Visa A that if I needed to travel I would need to apply onshore for a bridging visa B, and that it would be granted only in exceptional circumstances, and that I would need to give "compelling and compassionate reason's." to support it. Link to comment Share on other sites More sharing options...
appleosprey Posted March 8, 2014 Author Share Posted March 8, 2014 Well I would have thought that if we show proof that we have booked and paid for the cruise before we lodged the application that would be sufficient, The govt website seems to indicate that you have to have good reasons for travelling (a cruise is a good reason in my opinion ). I have read read that your bridging visa May or may not give you the right to work, it is not guaranteed that you will receive your right to work visa. Maybe I should consult a migration agent, I spoke with one on the Gold Coast and they wanted $4000 fee (omg) that's another cruise! Link to comment Share on other sites More sharing options...
Notts Posted March 8, 2014 Share Posted March 8, 2014 What visa is he on now, and when does it expire? The bridging visa only comes into effect when his current one expires. Applicants for partner visas get bridging visas with no restriction on working. Link to comment Share on other sites More sharing options...
wrussell Posted March 8, 2014 Share Posted March 8, 2014 A bridging visa A will be cancelled if the applicant leaves Australia, even if it has not taken effect. Link to comment Share on other sites More sharing options...
blossom Posted March 8, 2014 Share Posted March 8, 2014 I read lots of things where people had a very hard time getting bridging visa b. Some even with overseas family wedding invites etc. I did also read that it depends on when your last trip out of Australia was. I applied after I had been here without leaving for three and a half years. They asked the purpose of my visit and I told them it was to meet up with my best mate and her daughter who I'd not seen since being here. I had no problems at all. Infact the guy was very nice and said I should take more trips in the three months the visa lasted. And just to add another vote to your partner can indeed work once he's on the bridging visa. Link to comment Share on other sites More sharing options...
Skelinoz Posted March 8, 2014 Share Posted March 8, 2014 One would hope and trust, an already paid for cruise would be a compelling reason, best of luck. Link to comment Share on other sites More sharing options...
jjgibbs Posted March 8, 2014 Share Posted March 8, 2014 Why not wait until after the cruise?? Then lodge or will his current visa expire before this? Link to comment Share on other sites More sharing options...
Notts Posted March 8, 2014 Share Posted March 8, 2014 A bridging visa A will be cancelled if the applicant leaves Australia, even if it has not taken effect. True, but of course you can apply for a replacement one once onshore, if you have another valid visa to enter the country. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 8, 2014 Share Posted March 8, 2014 I've heard they're more lenient with granting the BVB due to the fact that the onshore partner visa is now taking 13+ months to approve. I assume it would depend on the DIBP official who reviews the application and the overall circumstances (which visa you've applied from and to, how long the expected processing is, the reason for the travel, etc.) I've also seen knowledgeable (but not MA) posters say that when you apply for an onshore partner visa, the BVA virtually always comes with work entitlement. Whether this is fact or not, I can't say. Link to comment Share on other sites More sharing options...
appleosprey Posted March 8, 2014 Author Share Posted March 8, 2014 Thanks for your help everyone. It looks like he will be able to work when he gets the bridge visa, so that looks good, its just a shame that there is definitive answer to our cruise. If we get an immigration officer who is a cruise addict like we are they will approve it I'm sure! It seems crazy that you might not be able to go on an international holiday together while waiting for the visa. We have just completed 12 months together ( living together on paper and travelling together around asia ) We now have to get a tourist visa for him, we have to get him a new passport as it expires in 7 months then apply for a tourist visa. Will Australia grant a 12 month tourist visa for an Italian citizen? ( he can offer proof of funds to show that he can support himself without the need to work) or should we apply for a 3 month visa and do a NZ run. I just want to do the thing that is best for our situation We are genuine and our relationship is genuine, yet I feel like I am doing something wrong and I am scared they will say no I appreciate everyones help, its sweet that people are giving advice trying to help xxx Link to comment Share on other sites More sharing options...
blossom Posted March 8, 2014 Share Posted March 8, 2014 I would have thought he'd have a better chance of getting a 6 or 12 month visa than being allowed back in after a visa run. That of course depends on how long he's been here first, but if they don't believe you are a tourist they will turn him away at the airport. Better to know for sure he can come back. However, he wouldn't be able to work until the tourist visa expired. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 8, 2014 Share Posted March 8, 2014 I assume you are applying for the tourist visa prior to submitting the partner visa? Be aware that it's possible he could get a No Further Stay condition on the tourist visa, in which case he cannot apply for an onshore partner visa (which means he would not get a bridging visa). From your first post it sounded like he was going to apply for the partner visa directly from the WHV. Edit: I'm not sure where I got the idea he was on a WHV, so disregard this part of my post. Link to comment Share on other sites More sharing options...
appleosprey Posted March 8, 2014 Author Share Posted March 8, 2014 The plan was a tourist visa, them lodging a partner visa which would kick in a bridging visa until the partner visa was decided. I don't understand the No Further stay on a Tourist visa. Does that apply to certain passport holders (he has Italian) or is it up to the discretion of the computer operator I'm very confused Link to comment Share on other sites More sharing options...
blossom Posted March 8, 2014 Share Posted March 8, 2014 It's up to the discression of the person issuing the visa. It happens often if people do visa runs as they are then less likely to look like a genuine tourist. No further stay condition is the light version. Visa refusal is also possible. If he can get a longer tourist visa I'd go for that. Link to comment Share on other sites More sharing options...
appleosprey Posted March 8, 2014 Author Share Posted March 8, 2014 It's up to the discression of the person issuing the visa. It happens often if people do visa runs as they are then less likely to look like a genuine tourist. No further stay condition is the light version. Visa refusal is also possible. If he can get a longer tourist visa I'd go for that. Im thinking to apply for the 12 month tourist visa but how do I know if they will put the no further stay on it? How do they apply it? 2 people with identical circumstances could have 2 different decisions Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 8, 2014 Share Posted March 8, 2014 When the visa is issued, it will list any conditions that have been placed on it. You won't know ahead of time unfortunately. Link to comment Share on other sites More sharing options...
appleosprey Posted March 8, 2014 Author Share Posted March 8, 2014 When the visa is issued, it will list any conditions that have been placed on it. You won't know ahead of time unfortunately. Is there anything which would trigger the no further stay? Like coming from a country where overstay/working illegally more likely than others? I'm trying to think what would happen if he gets the no stay allowed Link to comment Share on other sites More sharing options...
blossom Posted March 8, 2014 Share Posted March 8, 2014 No, it's more to do with what visas for Australia the person has had and how recently. For example, if you spend a year on a working holiday visa, so overseas for a week, then come back they are far less likely to believe you are an actual tourist. Link to comment Share on other sites More sharing options...
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