James H Posted October 13, 2019 Share Posted October 13, 2019 Hi all, I have looked into this on various website and need some clarification. I don't know wether this is a loophole in the system or this is standard practice. If you lodge you expression of interest and get an invitation to apply. You have 60 days to apply, once you application has been submitted you then enter the country on a tourist visa. Once in the country a tourist visa you can then apply for a Bridging Visa. On the bridging visa it will give you the same work rights as a your previous visa ( 189/190 or whatever you are applying for). So the processing time (10months) can be spent in Australia not in the country where you applied from. Then after the 10 month processing time is up the PR is granted and you move from your Bridging Visa to the PR status....the only problem is that you cant work for the first 3 months. Is this correct and has anybody ever done this? Quote Link to comment Share on other sites More sharing options...
Areyousure Posted October 13, 2019 Share Posted October 13, 2019 1 hour ago, James H said: Hi all, I have looked into this on various website and need some clarification. I don't know wether this is a loophole in the system or this is standard practice. If you lodge you expression of interest and get an invitation to apply. You have 60 days to apply, once you application has been submitted you then enter the country on a tourist visa. Once in the country a tourist visa you can then apply for a Bridging Visa. On the bridging visa it will give you the same work rights as a your previous visa ( 189/190 or whatever you are applying for). So the processing time (10months) can be spent in Australia not in the country where you applied from. Then after the 10 month processing time is up the PR is granted and you move from your Bridging Visa to the PR status....the only problem is that you cant work for the first 3 months. Is this correct and has anybody ever done this? I think so, but you will be granted the bridging visa only when your tourist visa expires tho. Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 Yeah, I guess that is why you can't work for the first 3 month as you will be on a tourist visa? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 13, 2019 Share Posted October 13, 2019 (edited) 2 hours ago, James H said: Hi all, I have looked into this on various website and need some clarification. I don't know wether this is a loophole in the system or this is standard practice. If you lodge you expression of interest and get an invitation to apply. You have 60 days to apply, once you application has been submitted you then enter the country on a tourist visa. Once in the country a tourist visa you can then apply for a Bridging Visa. On the bridging visa it will give you the same work rights as a your previous visa ( 189/190 or whatever you are applying for). So the processing time (10months) can be spent in Australia not in the country where you applied from. Then after the 10 month processing time is up the PR is granted and you move from your Bridging Visa to the PR status....the only problem is that you cant work for the first 3 months. Is this correct and has anybody ever done this? If you apply offshore you will not get a Bridging Visa. You cannot just arrive as a tourist and apply for a Bridging Visa, doesn't work like that. A bridging Visa is granted when you apply ONSHORE for a visa, whilst holding another valid visa. Edited October 13, 2019 by Nemesis Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 I found this on a migration website, Fact: While in general this is true, there are in fact some times when you can be granted a Bridging Visa after you arrive in the country, if you have lodged a visa application while offshore. The trick to this is twofold. You must hold a visa for entry to Australia at the time you lodge your visa application; AND the visa you are applying for, must be a visa which can be granted while you are onshore. A good example, is a person who is in the UK and is invited to lodge a Subclass 189 visa. They want to enter Australia, possibly before the visa is granted (given the long wait times now). If the person is granted a Visitor Visa before lodging their 189 application from UK; and then enters Australia, a Bridging Visa A is available, and this will allow the person to remain here until decision on the 189. Careful though, because work rights won’t be automatic – you’ll have to wait out the 3 months on your visitor visa first, before they will become active. 1 Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 31 minutes ago, Nemesis said: If you apply offshore you will not get a Bridging Visa. You cannot just arrive as a tourist and apply for a Bridging Visa, doesn't work like that. A bridging Visa is granted when you apply ONSHORE for a visa, whilst holding another valid visa. found this on a migration website, Fact: While in general this is true, there are in fact some times when you can be granted a Bridging Visa after you arrive in the country, if you have lodged a visa application while offshore. The trick to this is twofold. You must hold a visa for entry to Australia at the time you lodge your visa application; AND the visa you are applying for, must be a visa which can be granted while you are onshore. A good example, is a person who is in the UK and is invited to lodge a Subclass 189 visa. They want to enter Australia, possibly before the visa is granted (given the long wait times now). If the person is granted a Visitor Visa before lodging their 189 application from UK; and then enters Australia, a Bridging Visa A is available, and this will allow the person to remain here until decision on the 189. Careful though, because work rights won’t be automatic – you’ll have to wait out the 3 months on your visitor visa first, before they will become active Quote Link to comment Share on other sites More sharing options...
ali Posted October 13, 2019 Share Posted October 13, 2019 I guess you could always test it out and see how you go. You may find it difficult to find work on a bridging visa Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 13, 2019 Share Posted October 13, 2019 (edited) 4 hours ago, James H said: found this on a migration website, Fact: While in general this is true, there are in fact some times when you can be granted a Bridging Visa after you arrive in the country, if you have lodged a visa application while offshore. The trick to this is twofold. You must hold a visa for entry to Australia at the time you lodge your visa application; AND the visa you are applying for, must be a visa which can be granted while you are onshore. A good example, is a person who is in the UK and is invited to lodge a Subclass 189 visa. They want to enter Australia, possibly before the visa is granted (given the long wait times now). If the person is granted a Visitor Visa before lodging their 189 application from UK; and then enters Australia, a Bridging Visa A is available, and this will allow the person to remain here until decision on the 189. Careful though, because work rights won’t be automatic – you’ll have to wait out the 3 months on your visitor visa first, before they will become active Source? For the benefit of the many people who will follow you down this route. Also interested that unlike a normal BVA which mirrors the work rights of the original visa, this route apparently give you work rights of the visa you are applying for. Full working right before your working visa is granted? Interesting Edited October 13, 2019 by Nemesis Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 56 minutes ago, Nemesis said: Source? For the benefit of the many people who will follow you down this route. Also interested that unlike a normal BVA which mirrors the work rights of the original visa, this route apparently give you work rights of the visa you are applying for. Full working right before your working visa is granted? Interesting https://www.emergico.com.au/partner-visas/lets-get-the-facts-straight-about-bridging-visas/ Thats where I read the above statement. I originally heard it from my visa agent (Down Under Centre). I had never heard such a thing so looked online for clarification on it. I am not sure if its a loop hole in the system or its standard practice. I guess the only downside is that you can't work until your tourist visa expires. I suppose this might be out of reach for some, what with the cost of moving, visa's etc.... but if you can stump up the cost to fund 3 month off work then I don't see the issue. Quote Link to comment Share on other sites More sharing options...
mt9754 Posted October 13, 2019 Share Posted October 13, 2019 "On the bridging visa it will give you the same work rights as a your previous visa" Presumably your previous visa in this situation would be the tourist visa, so you would have no right to work on the bridging visa? Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 19 minutes ago, mt9754 said: "On the bridging visa it will give you the same work rights as a your previous visa" Presumably your previous visa in this situation would be the tourist visa, so you would have no right to work on the bridging visa? Thats what I originally thought, but it seems not. IF the bridging visa didn't give you work rights it would be pointless in this situation. You would simply apply for a 12 month visitors visa. I am not sure if it covers you by allowing you to stay in the country till your immigration status has been resolved, in this case the visa granted. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 13, 2019 Share Posted October 13, 2019 49 minutes ago, James H said: Thats what I originally thought, but it seems not. IF the bridging visa didn't give you work rights it would be pointless in this situation. You would simply apply for a 12 month visitors visa. I am not sure if it covers you by allowing you to stay in the country till your immigration status has been resolved, in this case the visa granted. Even if it gives you work rights, consider that most employers won’t consider you for a permanent job while you’re on s bridging visa so it depends if your line of work lends itself to contract work Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 Just now, Marisawright said: Even if it gives you work rights, consider that most employers won’t consider you for a permanent job while you’re on s bridging visa so it depends if your line of work lends itself to contract work I'm an electrician, I've family in WA I can work with so I shouldn't have a problem finding work. I just don't understand why everybody doesn't go move there then transfer to a bridging visa instead of waiting the 8-10 month visa processing time. I've just never heard of anybody doing this. My visa agent said the only problem you would face is if you failed your medical or your police checks. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 13, 2019 Share Posted October 13, 2019 1 hour ago, James H said: I'm an electrician, I've family in WA I can work with so I shouldn't have a problem finding work. I just don't understand why everybody doesn't go move there then transfer to a bridging visa instead of waiting the 8-10 month visa processing time. I've just never heard of anybody doing this. My visa agent said the only problem you would face is if you failed your medical or your police checks. ....because other people don’t have family hey can work for, for one thing. Plus people with a partner and children don’t want to uproot their family when there’s no certainty. Plus things like cost of school fees on the bridging visa, the significant extra cost of buying a home etc Quote Link to comment Share on other sites More sharing options...
James H Posted October 13, 2019 Author Share Posted October 13, 2019 Just now, Marisawright said: ....because other people don’t have family hey can work for, for one thing. Plus people with a partner and children don’t want to uproot their family when there’s no certainty. Plus things like cost of school fees on the bridging visa, the significant extra cost of buying a home etc I am not clued up on the bridging visa so unsure of the position it puts you in when in the country. From what you are saying it pretty much allows you to be in the country with work rights and nothing else. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted October 13, 2019 Share Posted October 13, 2019 The scenario you have detailed above is plausible, however, you risk being refused entry if it is suspected you are not a genuine visitor, or intend working while on a visitor visa. Consider, you will be trying to enter on a visitor visa, when the system will show that you have applied for Permanent Residency. If you are planning to work in a trade, you will likely bring your tools of the trade, which would also raise concerns when arriving for visitor purposes. Not saying it can't be done, but there are inherent risks. Quote Link to comment Share on other sites More sharing options...
James H Posted October 14, 2019 Author Share Posted October 14, 2019 (edited) 9 hours ago, Raul Senise said: The scenario you have detailed above is plausible, however, you risk being refused entry if it is suspected you are not a genuine visitor, or intend working while on a visitor visa. Consider, you will be trying to enter on a visitor visa, when the system will show that you have applied for Permanent Residency. If you are planning to work in a trade, you will likely bring your tools of the trade, which would also raise concerns when arriving for visitor purposes. Not saying it can't be done, but there are inherent risks. Just for the record, I am not intending to rock up in Australia on a tourist visa with a tool kit. It was just a conversation that followed on from the same question every visa applicant has, "how long is this going to take?". I am just curious as to the legality of it and why more people have not followed this route. I stand corrected from another thread, after you have received the invite, you would have to be in Australia on a tourist visa to then lodge your application for PR (within the 60 days). That would automatically transfer you to a bridging visa which would not be activated till your tourist visa had ended. Raul, as a migration agent you will probably be the best person to clear things up for me and anybody else interested in this route. If you were to enter Australia and travel the country for 3 month while on a visitors visa. During that time you applied for your PR. After 3 month your visitor visa ended and your bridging visa became activated. You then proceeded to do more travelling and some months later settled in the state that sponsored you, found work and a house ...etc till your PR visa was granted. From your knowledge, what are the legalities of this? What are the risks? Edited October 14, 2019 by James H spelling mistake Quote Link to comment Share on other sites More sharing options...
Nemesis Posted October 14, 2019 Share Posted October 14, 2019 (edited) 14 hours ago, James H said: https://www.emergico.com.au/partner-visas/lets-get-the-facts-straight-about-bridging-visas/ Thats where I read the above statement. I originally heard it from my visa agent (Down Under Centre). I had never heard such a thing so looked online for clarification on it. I am not sure if its a loop hole in the system or its standard practice. I guess the only downside is that you can't work until your tourist visa expires. I suppose this might be out of reach for some, what with the cost of moving, visa's etc.... but if you can stump up the cost to fund 3 month off work then I don't see the issue. So it is a Partner Visa you are applying for? In that case, yes, the BVA comes with full working rights. I thought you were applying for a 189, which has different rules. Edited October 14, 2019 by Nemesis Quote Link to comment Share on other sites More sharing options...
James H Posted October 14, 2019 Author Share Posted October 14, 2019 13 hours ago, Nemesis said: So it is a Partner Visa you are applying for? In that case, yes, the BVA comes with full working rights. I thought you were applying for a 189, which has different rules. Its a 190 visa I am applying for. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted October 14, 2019 Share Posted October 14, 2019 13 hours ago, James H said: If you were to enter Australia and travel the country for 3 month while on a visitors visa. During that time you applied for your PR. After 3 month your visitor visa ended and your bridging visa became activated. You then proceeded to do more travelling and some months later settled in the state that sponsored you, found work and a house ...etc till your PR visa was granted. Entering on a visitor visa, then lodging another visa and eventually going onto a bridging visa is quite common. Quote Link to comment Share on other sites More sharing options...
James H Posted October 14, 2019 Author Share Posted October 14, 2019 4 minutes ago, Raul Senise said: Entering on a visitor visa, then lodging another visa and eventually going onto a bridging visa is quite common. That clears that up then, do you know how it give you work rights? Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted October 14, 2019 Share Posted October 14, 2019 There are specific Regulations governing what conditions a bridging visa will have, depending on the visa you are on and the visa you are applying for. Some of the conditions are compulsory (i.e. must be applied) while some are discretionary (i.e. may be applied). Depending on the specific circumstances, it is possible to receive a bridging visa that does not have any work restrictions and thus allow you to work while on the bridging visa. In other cases, work rights can be applied for if the bridging visa has work restrictions. Quote Link to comment Share on other sites More sharing options...
James H Posted October 14, 2019 Author Share Posted October 14, 2019 Just now, Raul Senise said: There are specific Regulations governing what conditions a bridging visa will have, depending on the visa you are on and the visa you are applying for. Some of the conditions are compulsory (i.e. must be applied) while some are discretionary (i.e. may be applied). Depending on the specific circumstances, it is possible to receive a bridging visa that does not have any work restrictions and thus allow you to work while on the bridging visa. In other cases, work rights can be applied for if the bridging visa has work restrictions. Thanks for that, so I guess immigration decide on what type of bridging visa you get based on your circumstances. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted October 14, 2019 Share Posted October 14, 2019 Just now, James H said: Thanks for that, so I guess immigration decide on what type of bridging visa you get based on your circumstances. Yes and no. The Regulations determine what conditions must and can be applied. For example, if going from a visitor visa to a partner visa, the bridging visa will have no work restrictions attached. 1 Quote Link to comment Share on other sites More sharing options...
James H Posted October 14, 2019 Author Share Posted October 14, 2019 2 minutes ago, Raul Senise said: Yes and no. The Regulations determine what conditions must and can be applied. For example, if going from a visitor visa to a partner visa, the bridging visa will have no work restrictions attached. For people like myself applying for the 190 or the 189, would there be work restrictions? Quote Link to comment Share on other sites More sharing options...
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