Realistic Posted October 3, 2017 Share Posted October 3, 2017 Hi Guys, My partner and i are from the UK, we have been in Australia for over 3.5 years. We've completed two WHV’s and afterwards i completed an 18 month course. Once i completed the course, i went through the many applications and processes required to progress onto the next stage. I have finally been invited to apply for a 489 state nominated visa. Unfortunately, we had to go onto tourist visa's, whilst waiting for my EOI. I have now applied for the 489 visa and been granted a BVA, which i have been told, won’t come into effect until our tourist visa's expire. This mean’s that we must wait two months and three weeks before either of us can officially work again. As you can imagine, we have been here a long time, we have a rented apartment, two cars, bills. After spending $40-45k up until this point, which we saved ourselves, without receiving any financial support. The funds are drying up guys and we need to work!! We also have companies that were kind enough to put our jobs on hold, whilst we waited for the EOI. Those jobs will no longer be available to us, if we can't legally work for that long. We're in a bit of a pickle and need to hear the voices of experience. My question is: Can i cancel my tourist visa to activate my bridging visa? If so, what are the potential consequences. If i explained my situation, will it make any difference? Immigration can be very difficult and quite unhelpful at the best of times. Quote Link to comment Share on other sites More sharing options...
Sammy1 Posted October 3, 2017 Share Posted October 3, 2017 (edited) Hopefully a migration agent will see your post and give you a definitive answer. However, surely the logic is that if you cancel your tourist visa then the bridging visa will also be cancelled out by that action? Interested to see that the answer is, hopefully I am wrong, otherwise you will just need to wait it out. Edited October 3, 2017 by Sammy1 Quote Link to comment Share on other sites More sharing options...
Realistic Posted October 3, 2017 Author Share Posted October 3, 2017 I thought this also but the bridging visa was processed on my 489 visa application. The tourist visa is a separate application. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 3, 2017 Share Posted October 3, 2017 Your bridging visa will only come into force if and when your tourist visa expires. If you choose to cancel it, instead of letting it expire, then your bridging visa will NOT come into effect, it will cease to exist. Doesn't matter what visa you are bridging to -if you cancel the visa you are bridging FROM , then there is no bridgin visa. You would become illegal. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted October 3, 2017 Share Posted October 3, 2017 The bridging visa "bridges" your existing visa (visitor) with your new visa 489 until the 489 is approved. If you cancel the visitor visa, then the bridging visa is also cancelled. Perhaps speak with a migration agent, but a possible approach would be to cancel the visitor visa and although you immediately become illegal, you may be able to then apply right away for a Bridging Visa E - it comes with NO work rights but you can apply to have these added but getting work rights isn't guaranteed and I don't know the timing - if it took more than a few weeks for this to be decided, then it may not be worthwhile to do this. The other disadvantage of the BVE is that it comes with NO travel rights and you cannot get this added. So if you needed to unexpectedly leave the country for a family emergency, there's no way back in without applying for another visa (e.g. visitor and you've no way back onto the bridging visa so no work rights again) or waiting for your 489 to be processed. Before considering this approach seriously, I really would speak with a migration agent because they can explain the ins and outs better and may know the timing for things like the work rights on the BVE. Quote Link to comment Share on other sites More sharing options...
Realistic Posted October 4, 2017 Author Share Posted October 4, 2017 Hi Guys, Thanks for your advice. I couldn't sleep last night so i did a lot of research, which confirms what you say. I could attempt the BVE route and apply for work rights. However, i still have over 5k of savings in the bank and they will need to see bank statements (3 months back), i will be lucky if these savings last 11 weeks though. I don't usually use migration agents, although i have consulted with them in the past. They're not a financially viable option for us, as we're financing this ourselves. However, they know the ins and outs a little better and i did contact a migration agent yesterday. I tried to call immigration too...hehe, what a nightmare that was. Transferred three times, received guarded, unhelpful responses every time. I will look into visiting the DIBP for an actual face to face conversation. It is extremely frustrating. I received my EOI invitation four days after my student visa expired, i was so close. If you aren't being financially drained, you're limited in your ability to gather funds. Good character building, eh!! Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted October 4, 2017 Share Posted October 4, 2017 Never take advice from DIBP. I know that sounds odd, but the people you speak to are just customer service staff with a minimal amount of training. They are then covered from giving incorrect advice by law. We regularly get people in a mess because they have followed DIBP advice 1 Quote Link to comment Share on other sites More sharing options...
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