QLD1872015 Posted May 21, 2016 Share Posted May 21, 2016 I just wanted to ask If the part about bridging visa E restarting the 4 year wait to be eligible for citizenship is correct??Re Link to comment Share on other sites More sharing options...
ricco56 Posted May 21, 2016 Share Posted May 21, 2016 Bridging Visa E (BVE) is not mentioned in the Citizenship legislation. But in order to satisfy the 4 year residence requirement the Citizen Act requires the person "was not present in Australia as an unlawful non-citizen at any time during that 4 year period". Therefore in effect the BVE is associated with restarting the 4 year residence wait because in order to have a BVE the visa holder would have been unlawful at some stage. Link to comment Share on other sites More sharing options...
QLD1872015 Posted May 21, 2016 Author Share Posted May 21, 2016 Thank you for your reply. I cancelled my visa and my bridging visa e was granted the same day. Do you think this would make a difference? Link to comment Share on other sites More sharing options...
ricco56 Posted May 21, 2016 Share Posted May 21, 2016 My understanding is that the BVE is not granted unless the applicant is unlawful, and hence you would have been considered unlawful as soon as you cancelled your visa. Therefore the 4 year clock would be reset. Link to comment Share on other sites More sharing options...
QLD1872015 Posted May 21, 2016 Author Share Posted May 21, 2016 Yeah it wasn't explained to me that I would be unlawful once my visa was cancelled simply that I would have to attend an office to apply for a new bridging visa, I soon found out the hard way. Thank you though I understand what you are saying Link to comment Share on other sites More sharing options...
ramot Posted May 23, 2016 Share Posted May 23, 2016 Can you please clarify, if an 820 visa had already been applied for before leaving the 457 job, and the 457 is then canx. 90 days later. Then instantly on bridging visa E are you still considered illegal, and does the 4 year residence clock start from when the 820 was finally granted several months later. Full work rights were granted about 1 month after bridging visa E started. Obviously PR has eventually been granted and held for a year. I realise this was probably answered above, just not sure as another visa had been applied for previously if this made any difference, or the fact that full work rights were granted Thank you Link to comment Share on other sites More sharing options...
ricco56 Posted May 23, 2016 Share Posted May 23, 2016 Being granted a BVE (irrespective of with or without work rights) restores the visa holder's status to 'lawful non-citizen'. Time spent continuously as a lawful non-citizen counts towards the four year residence requirement. If for any reason one becomes unlawful (through visa cancellation for example) the four year clock resets to zero. Link to comment Share on other sites More sharing options...
Bungo Posted May 23, 2016 Share Posted May 23, 2016 Being granted a BVE (irrespective of with or without work rights) restores the visa holder's status to 'lawful non-citizen'. Time spent continuously as a lawful non-citizen counts towards the four year residence requirement. If for any reason one becomes unlawful (through visa cancellation for example) the four year clock resets to zero. Ricco doesn't that contradict what you told the other poster? Or are you saying that the four year clock will always start again the moment a BVE is granted? Link to comment Share on other sites More sharing options...
ramot Posted May 23, 2016 Share Posted May 23, 2016 Being granted a BVE (irrespective of with or without work rights) restores the visa holder's status to 'lawful non-citizen'. Time spent continuously as a lawful non-citizen counts towards the four year residence requirement. If for any reason one becomes unlawful (through visa cancellation for example) the four year clock resets to zero. I appreciate your reply but am confused about when you become eligible for citizenship. If you have already lodged an application for 820 visa well over 3 months before the 457 was canx. but not ceased, does the 4 year citizenship plus 1 year on PR clock start from the date the 820 was granted? Or does the previous 18 months in Oz. count even though on BVE for a few months before the 820 granted? If as you say you are a "lawful non-citizen" while on BVE? Sorry but I am confused and do appreciate clarity on this Link to comment Share on other sites More sharing options...
Raul Senise Posted May 23, 2016 Share Posted May 23, 2016 I appreciate your reply but am confused about when you become eligible for citizenship.If you have already lodged an application for 820 visa well over 3 months before the 457 was canx. but not ceased, does the 4 year citizenship plus 1 year on PR clock start from the date the 820 was granted? Or does the previous 18 months in Oz. count even though on BVE for a few months before the 820 granted? If as you say you are a "lawful non-citizen" while on BVE? Sorry but I am confused and do appreciate clarity on this When your 457 visa is "cancelled" you technically become "unlawful" as you no longer have a valid visa to remain in the country. A bridging visa E is then granted to regularise your visa status and make you "lawful" again. The Citizenship "clock" resets from the grant of the BVE. Link to comment Share on other sites More sharing options...
ricco56 Posted May 25, 2016 Share Posted May 25, 2016 There's no contradiction. Time spent on a BVE counts towards the residency requirement because the visa holder is 'lawful'. It is the period (albeit brief) between the 457 being cancelled, and a new visa being obtained (in this case a BVE), that one becomes 'unlawful' and hence it is this unlawful status which resets the clock. The clock therefore doesn't start ciicking again until one becomes lawful by being granted a vlsa, in this case the BVE. By the time the 4 years has rolled around we presume your 820/801 would have gone through successfully and you will be enjoying PR status and then you only have satisfy the 1 year of PR in order to be eligible to apply for Citizenship. Link to comment Share on other sites More sharing options...
Raul Senise Posted May 25, 2016 Share Posted May 25, 2016 Just to clarify, any time spent in Australia before becoming unlawful (i.e. prior to the BVE grant) will not count towards the 4 year residency requirement for Citizenship. The BVE has the effect of completely resetting the 4 year clock. Link to comment Share on other sites More sharing options...
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