485 Refused, Can I apply 190 during merits review?

[YRBeth]

hello all,

I'm desperate for some help！

Recently I got my 485 application refused because of a stupid mistake in one of my documents, and I have appealed to the AAT for a merits review.

Now Im holding a bridging visa B until a decision is made.

However, I just find out that I satisfy the requirement for applying a 190 visa onshore in ACT, but I don't know if I am able to apply a new visa during a merit review.

On my refusal of the 485, it says:

During the processing of your visa application, a bridging visa was granted to you for the duration of the visa processing period. If you make a valid application for merits review of this refusal decision then that bridging visa will remain in effect during the merits review proceedings. Otherwise your bridging visa will cease 35 calendar days after the date of the decision.

While you are in Australia, you can only lodge another application in very limited circumstances for a visa to allow you to remain in Australia. If you lodge a new application, you may be granted a bridging visa which will remain in effect until you are notified of a decision on that application. Any new application will be considered on its individual merits.

Questions:

1. "you can only lodge another application in very limited circumstances for a visa to allow you to remain in Australia" Does it mean during the 35 calendar days after the decision, or even if I apply for merits review and continue my bridging visa B for 485? 

2. Can I leave Australia to apply 190 offshore after I get EOI?

 

There is so little case I can refer to, Can someone help me please?

[Raul Senise]

You already have one refusal and you are now embarking on a more complex visa in difficult circumstances.

A public forum is not the appropriate place to obtain such advice.

Do yourself a favour and obtain some professional assistance before another costly mistake is made.

[Bonnie Thurecht]

Hello there,

I would definitely recommend getting professional migration law advice.  I am a registered migration adviser with MARA and offer a free initial consult.  You will not be able to lodge another application such as a 190 onshore as you will not be able to meet Schedule 3 critieria for the visa as firstly you will not have extenuating cirucmstances warranting you applying outside the time limits.  

You can apply offshore however for the 190 if you are invited.  This is the best option.  

Please feel free to contact me though for more specific advice.  If you have this opportunity you don't want to waste it.  

[wrussell]

Quote

Can I leave Australia to apply 190 offshore after I get EOI?

Yes, after you are invited, but this might not be your best strategy.

Take some profesional advice.