Annielamb Posted May 25, 2016 Share Posted May 25, 2016 Hi my husband and I are on bridging Visa A, one of the conditions of this visa is that we have no right to travel. My husband has returned this morning, unexpectedly to the UK and has booked to return in three weeks. Will he be allowed to re-enter Australia? Thanks Link to comment Share on other sites More sharing options...
Quoll Posted May 25, 2016 Share Posted May 25, 2016 Nope. He's done his dash there - no idea what happens to him but his application is now void according to the websites https://www.border.gov.au/Trav/Visi/Visi/Bridging-visas Looks like he might have to reapply offshore for a new visa with all that entails. Not a happy situation I fear. [h=4]Travelling outside Australia while you hold a BVA[/h]A BVA lets you temporarily stay in Australia. It will usually end when you leave Australia. If you travel outside Australia, you need a visa to return. You can do one of the following: apply for and be granted a Bridging visa B (BVB) before you travel (if you do not have a substantive visa that allows you to travel or if your substantive visa will expire before you return) travel on your current substantive visa (if you have one that allows you to travel). If your substantive visa ends while you are outside Australia and you do not hold a BVB, you will need to apply for and be granted a substantive visa before you can return to Australia. There is no guarantee that you will be granted a visa. Link to comment Share on other sites More sharing options...
Bungo Posted May 26, 2016 Share Posted May 26, 2016 Hi my husband and I are on bridging Visa A, one of the conditions of this visa is that we have no right to travel. My husband has returned this morning, unexpectedly to the UK and has booked to return in three weeks. Will he be allowed to re-enter Australia? Thanks No he definitely will not be allowed to return if he does nothing. The BVB should be applied for onshore before travelling. I am not sure if it is possible to get a BVB from offshore, although the blurb provided by Quoll suggests not. I guess you have nothing to lose by investigating further though. What visa are you waiting on and how long ago did you apply for it? Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 26, 2016 Share Posted May 26, 2016 From posts I've seen from migration agents, he cannot apply for a BVB while overseas. He will need to apply for a visitor visa and then hope he can re-instate his BVA when he returns. The BVA wouldn't come back into effect until his visitor visa expires. Link to comment Share on other sites More sharing options...
Quinkla Posted May 26, 2016 Share Posted May 26, 2016 Would this also reset the clock for citizenship? Link to comment Share on other sites More sharing options...
Bungo Posted May 26, 2016 Share Posted May 26, 2016 Would this also reset the clock for citizenship? Yes I think it would, because you have to have held a valid visa for the entire four years, even if you are not in the country you have to have held a visa of some description. Whereas as soon as he left Australia the BVA would have been cancelled. From posts I've seen from migration agents, he cannot apply for a BVB while overseas. He will need to apply for a visitor visa and then hope he can re-instate his BVA when he returns. The BVA wouldn't come back into effect until his visitor visa expires. It might be possible, but I am not sure on what grounds the BVA could be reinstated as he won't be making an application for another visa as he has already got that underway. Link to comment Share on other sites More sharing options...
Quinkla Posted May 26, 2016 Share Posted May 26, 2016 Found this on the DIBP Website: http://migrationblog.border.gov.au/2012/02/20/b-sure-you-can-return-%E2%80%94-for-bridging-visa-a-holders/ Obviously, this is not a legal statement of entitlements but may offer some enlightenment. My reading of it is that the bridging visa option has sailed. The options would be to wait overseas until the 186 is ready to be granted, or return to Australia on a visitor visa and accept the restrictions that come with it until the 186 is granted. But a migration agent may have other thoughts... Link to comment Share on other sites More sharing options...
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