Bilal Ahmed Posted February 14, 2015 Share Posted February 14, 2015 let me explain my situation a little more clearly .. I am currently on a 457 visa .. and have applied for the "remaining relative" visa .. next year, my 457 expires and I'll get a BVA .. now the queue for the remaining relative stream is 16 years .. and there's a condition on the BVA that I work for the same employer .. I can't work for the same employer for 16 years .. I am getting amazing job offers from outside Australia .. but for the 835 you have to be onshore when its granted, otherwise it's rejected .. now I've read you can't convert a 835 (onshore) to a 115 (onshore visa) .. does this mean I'll have to withdraw my 835 application and apply for the 115? if anyone can offer some assistance, I'd really appreciate it .. Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 is it possible to change a 835 (onshore) application to an 115 (offshore) one? Quote Link to comment Share on other sites More sharing options...
Suzukiscottie Posted February 14, 2015 Share Posted February 14, 2015 Why not take one of the amazing job offers from outside Australia instead of being in limbo for 16 years? Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 yes, that's what I want to do .. (i.e. take the job offer) .. after my 457, I get a bridging visa A .. which means no travel .. right now I've applied for a 835 .. which is an ONSHORE remaining relative visa .. and I'm wondering if there's a way to change it to a 115 which is an OFFSHORE remaining relative visa .. I don't know if visas can be changed .. that's why I was asking here .. I might have to withdraw the 835 .. and file a new 115 .. which is not exactly cheap to do .. so confused .. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 You can't convert an 835 to a 115 but why not take up an amazing offer from overseas with the intention of returning in the months before the visa is due to be granted? Further processing needs to be done then (e.g. medicals, PCCs, checking that you're still eligible etc) so you will know when the processing is moving into the final stages. You could then return on a Visitor visa or even another 457 - you should't have any particular trouble getting beck into Australia for the grant to take place. If you were to apply for a 115, you would start the whole process and queueing from scratch and the wait for applications lodged after August 2014 is something like 56 (fifty-six) years. Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 it's not that simple .. see, I have to be present IN Australia when the bridging visa is issues .. BVA has travel restrictions .. I have to remain in Australia .. anytime I want to travel, I have to apply for a BVB which is usually 3 to 6 months .. and then I have to come back to Australia .. here's an excerpt from the govt's website: -- The Remaining Relative visa (subclass 835) is a permanent visa for people who want to live in Australia to be with their only near relatives. Your application must be made in Australia and you must be in Australia at that time. You must be in Australia when the visa is granted. -- Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 You're right about the Bridging visa but you only need one IF you want to stay in Australia while you're waiting for your 835 application to be processed. If you leave Australia on a BVA, the BV is cancelled but the 835 still goes on being processed. You told us that you have amazing job offers from overseas so why not work overseas during the years you must wait for a decision on the Remaining Relative visa the come back for the grant? You asked if you could convert from an 835 application to a 115 application and you can't do that but IF you could, you would have to wait and work offshore while it was being processed. Sorry, but I can't see the difference apart from the fact that you need to get back to Australia for the grant to take place. Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 that wouldn't be illegal or won't cancel my 835 application? .. if I leave the country on a BVB and not come back? .. or just leave on the BVA? .. I can be in Australia when the BVA is granted .. I think they've already issued it .. it just goes into effect when my 457 expires .. which is around April next year .. I need to be there when the 457 expires and I'm issued a bridging visa .. that's fine I can totally do that .. if I leave the country on a BVA, I can't come back .. it also says I have to be in Australia when the visa is granted .. 16 years later! .. how would I come back for that? .. a visit visa? .. so you're saying leave on the BVA or BVB and wait abroad till my application goes through .. I'm wondering if I leave on a BVA or BVB .. isn't that unlawful? .. and would that affect my eventual 835 application? Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 No, it wouldn't be illegal and it won't cancel your 835 application and nor will it affect your 835 application in any way as long as you keep DIBP informed regarding the fact that you're offshore and make sure they always have your current contact details so you can be contacted when further information is required and before the visa is granted. You can't re-enter Australia on a BVA and you can't re-enter on a BVB that has expired but you can enter on some other visa. Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 that sounds like a reasonable solution .. thank you so much for your replies .. are you sure my 835 application won't be canceled or refused? .. I'm referring to their website .. -- The Remaining Relative visa (subclass 835) is a permanent visa for people who want to live in Australia to be with their only near relatives. Your application must be made in Australia and you must be in Australia at that time. You must be in Australia when the visa is granted. -- now that only problem would be is that I would have to come back to Australia when the decision is made .. would they grant me a BVB or a visit visa? .. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted February 14, 2015 Share Posted February 14, 2015 (edited) Since you are already working on a 457 visa you are likely eligible for skilled migration or employer sponsorship. the estimated processing when you applied was 16 years, but it is now 56 years for applications applied this year so it might take longer than 16 years. Personally if if you are eligible I would explore different routes for PR than waiting for LRR. if you take a job overseas and the BVB expires while you are away, I have seen people granted visitor visas while offshore to allow them to be onshore for visa to be granted when it is ready, but you may find it hard to be granted a visitors visa if you want to go on holiday. Edited February 15, 2015 by lebourvellec typo Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 thank you so much, for your reply .. I've already spent enough money on a lawyers and visa fees and am not in a huge hurry to move to Australia (yet) .. so getting a BVB, going overseas and letting it expire seems to be the popular opinion .. when it's time to come back for the visa grant, I can apply for a visitor visa .. I'll also see what my lawyer has to say .. during "the 16 years" .. would it be easy to get visitor visas to visit family? Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 14, 2015 Share Posted February 14, 2015 There is no certainty of any visa being granted and in particular there is no assurance of being granted a visa to enter Australia for an onshore visa grant. Quote Link to comment Share on other sites More sharing options...
Bilal Ahmed Posted February 14, 2015 Author Share Posted February 14, 2015 oh crap .. that would be a HUGE problem .. but is this 16 year queue going to go up or down? .. I mean is it possible that, next year, they decide they'll grant more visas? .. or lesser visas? I'm thinking if it's 16 years, the risk is worth it .. I'm 38 .. and don't want to put my career on hold .. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 14, 2015 Share Posted February 14, 2015 (edited) Where did you get the 16 years from? It's 56+ years for new applications so you must have applied quite a while ago to ahve an estimated wait of 'only' 16 years. There's no certain way of knowing if the queue will go up or down but the number of Other Family visas has been cut every year for the last several years (under both Labor and LNP governments) and the visas were repealed in July last year. They were re-instated following the passing of a Senate Disallowance motion but will proably be repealed again when the government works out a better way to do it. With that history, it stands to reason that the number of available visas is far more likely to decrease rather than increase and even in the unlikely event of more being made available, all or nearly all will go to Carers, not Remaining Relatives. Edited February 14, 2015 by Ozmaniac Typo Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted February 15, 2015 Share Posted February 15, 2015 (edited) oh crap .. that would be a HUGE problem .. but is this 16 year queue going to go up or down? .. I mean is it possible that, next year, they decide they'll grant more visas? .. or lesser visas? I'm thinking if it's 16 years, the risk is worth it .. I'm 38 .. and don't want to put my career on hold .. Your not just putting your career on hold, if you meet a partner, their family members count towards LRR visa eligibility. your working on a 457 visa - I can't not understand why you would not try to get PR by skilled migration or employer sponsorship - personally I think it's madness waiting around 16 years + for a visa you may never get. Once you are PR and meet the residency requirements you could be a citizen in less than 4 years depending on how much time you have already spent in Australia. Then you can come and go as you please. I would be be speaking to another registered migration agent one that can give you all the facts and the best route for staying in Australia, LRR is not the best route. Edited February 15, 2015 by lebourvellec Quote Link to comment Share on other sites More sharing options...
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