sabana Posted July 12, 2016 Share Posted July 12, 2016 Dear Pomsinoz Intending to apply for partner visa but need to travel before it takes effect. I'm currently on a student visa. I've booked a holiday a long time ago assuming that my current student visa would go until the last day of the month, as it has always been on previous student visas I held. To my surprise I got one day less this time, it runs out one day earlier. I'm returning the next day and am not able to change my flight anymore. Immigration told me to apply for the partner visa and straight after that for the BVB but their website says that I can only apply for BVB if I am already on a BVA. My BVA will only come into effect after my student visa runs out and will be canceled anyway once I depart Aus (whilst still on my student visa with my partner visa application submitted). My return date is one day after my student visa runs out. Would I really be able to apply for a BVB if I am not yet on the BVA? I could not find anything similar when searching this forum. My only other options are: Applying for a tourist visa before my departure - unsure if this will be granted as a genuine tourist or might affect the partner visa if I apply for this once on the tourist visa. Continue with another semester on a new student visa - expensive if considered that it is more expensive onshore plus the partner visa fees after that. Any similar situation and how you solved it? Many thanks in advance! Link to comment Share on other sites More sharing options...
George Lombard Posted July 12, 2016 Share Posted July 12, 2016 Hi Sabana, The advice you got from the Department is correct. You should apply for your partner visa, and then when the receipt is issued you'll get another email with your Bridging Visa A. Using that you can apply for a Bridging Visa B, which will enable you to return to Australia and resume residence pending the outcome of your partner application. Cheers, George Lombard Link to comment Share on other sites More sharing options...
ricco56 Posted July 12, 2016 Share Posted July 12, 2016 When you lodge valid partner visa application you are automatically granted a BVA. The BVA is held but does not come into effect until needed. Therefore you are eligible to apply for a BVB even before the BVA comes into effect (and hence the advice you received from Immigration) and the BVB will come into effect when your current student visa expires thus allowing you to travel and return. Link to comment Share on other sites More sharing options...
sabana Posted July 13, 2016 Author Share Posted July 13, 2016 Many thanks Ric and George for your quick replies. I've spoken to immi again and given that I have to travel in 7 days they said the BVB might not be granted before I leave Australia. I am also waiting on my stat decs to be returned to me that's why they advised that the evisitor would be the best visa to return. Now, I've read stories about people having trouble re-entering the country this way after having spent some time here already. Given the time constraint this might be my best option however, I have no idea what to do if they would refuse me upon my return. In the end I am a tourist, I would be visiting my partner and I am not working anyway. I may as well use this time and travel to some places I haven't been yet. I wouldn't have the time to book anything though before my return. So would not be able to show them any proof of my travel intentions. Link to comment Share on other sites More sharing options...
InboundMigration Posted July 14, 2016 Share Posted July 14, 2016 Hi Sabana My suggestion would be once you have lodged your partner visa, go into an immi office with the printed paperwork ready to lodge your BVB (forms, passport, acknowledgement letter and travel itinerary). Many of my clients have had it granted the BVB the spot if time is an issue. You can apply for it online now in immi account also but in person might be better. As they have only just introduced it online, I can't comment on how fast it would be granted online so I would go in. Best of luck Yoland Swasbrook MARN 1278493 http://www.inboundmigration.com.au Link to comment Share on other sites More sharing options...
Raul Senise Posted July 14, 2016 Share Posted July 14, 2016 I've spoken to immi again and given that I have to travel in 7 days they said the BVB might not be granted before I leave Australia. I am also waiting on my stat decs to be returned to me that's why they advised that the evisitor would be the best visa to return. This advice is questionable and risky with serious ramifications if you are refused entry for not being a genuine visitor. Link to comment Share on other sites More sharing options...
sabana Posted July 16, 2016 Author Share Posted July 16, 2016 Many thanks to Yoland and Raul as well. I have managed to change my flight to come back on the last day of my visa. Planning to lodge the partner application before I leave I should hopefully not have any issues getting back in if they hopefully issue the BVA upon submission. Link to comment Share on other sites More sharing options...
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