Contributory Aged Visa Subclass 864

[purpleal]

Hi, Can someone please let me know if an applicant has to be in Australia when the 864 is granted? I know there must be a no 'no further stay 8503' clause on the current tourist visa, the applicant must be in Australia when the application is lodged but unsure about whether my mother has to physically be in Australia when the visa is granted? Can she lodge the application, go back home until the visa is granted or fly back for the visa grant?

 

Many Thanks,

 

Adrienne

[MaggieMay24]

I'll move your question to the Ask An Agent forum in case someone can answer this for you.

[ricco56]

Yes the applicant must be in Australia for grant of the 864. Your mother by applying for the 864 (onshore) has also applied for a bridging visa (BVA) which allows her to remain onshore while she awaits a decision on the 864. She can go offshore but would first (up to 3 months in advance) apply for a Bridging Visa B (BVB) which allows her to go offshore for a particular purpose and return. The period of offshore time available through the BVB is open to negotiation and would be chosen to ensure that the applicant is back onshore for grant of the 864. Offshore periods of more than 12 months would only be granted in exceptional circumstances.

[Alan Collett]

To add to the above, if an eVisitor visa remains valid and the last period in Australia did not exceed the period of stay permitted by the eVisitor (typically 3 months), the subclass 864 visa applicant should be able to return to Australia as the holder of a valid eVisitor visa.

 

I am also aware of extended validity periods for BVBs, but for a subclass 864 visa application a BVB for any significant period is unlikely to be required - particularly if the eVisitor can be used.

 

Best regards.