Entry prior to 309 approved - 600 visa, bridging, or both?

[Samsamsam]

Hi Guys,

Just about to submit my British husband's 309 partner visa (i.e. I'm the Aussie). We intend to travel back to Australia mid next year (his 309 visa will be about 8 months into the process), where I will start a new job. He will be looking after our then 1.5yr old son whilst waiting for the visa to come through. Looking for advice as follows:

1. I understand that he's allowed to travel to Aus on a 600 visitor visa while the 309 is still in process. I've heard some people say their 600 visa allows them 12 months stay. How do you go about getting a 600 visa for 12 months?

2. I've started to hear people mention a 'bridging' visa which would actually result in my husband being allowed to come to Aus before the 309 is approved AND work? Seems too good to be true? Can anyone shed any light on this as an alternative? And when would you apply for it - in the UK prior to leaving for Aus (skipping the 600 visa altogether), or do you get the 600 visa, come to Aus, then apply for the bridging visa?

Thanks everyone.

[paulhand]

1 hour ago, Samsamsam said:

come to Aus before the 309 is approved AND work? Seems too good to be true?

It is too good to be true, I’m afraid. 

 

1 hour ago, Samsamsam said:

How do you go about getting a 600 visa for 12 months?

You apply for one, explaining the circumstances and requirements. He will still need to travel offshore for the 309 visa to be granted. 

Edited August 31, 2020 by paulhand

[Samsamsam]

Thanks Paul,

Yup just dug into the immi.gov website on the 600 visa and it clearly specifies a 12 month grant is possible and like with the right justification. 145AUD isn't too bad either. 

Starting to wonder if the onshore visa route is what we really should be doing to enable my husband to start working ASAP with a bridging visa. Forgetting the current covid-19 situation for a second:

1. How long does it take to get a bridging visa typically (website doesn't have any guidelines)? 

2. If you 'popped over' to Aus to apply onshore, could you then go back to the UK and continue living your life, then come back when either the bridging visa is granted or the partner visa is granted? Expensive I know. But we aren't actually moving to Aus until mid-2021, so waiting until we move to apply onshore would be a big delay. But if the bridging visa approval is fast, it might be the right thing to do?

Thanks.

[paulhand]

I’d say it’s probably worth getting a professional consultation to go through the various pros/cons/issues with the different approaches to sorting out your situation. 

[MacGyver]

9 hours ago, Samsamsam said:

Thanks Paul,

Yup just dug into the immi.gov website on the 600 visa and it clearly specifies a 12 month grant is possible and like with the right justification. 145AUD isn't too bad either. 

Starting to wonder if the onshore visa route is what we really should be doing to enable my husband to start working ASAP with a bridging visa. Forgetting the current covid-19 situation for a second:

1. How long does it take to get a bridging visa typically (website doesn't have any guidelines)? 

2. If you 'popped over' to Aus to apply onshore, could you then go back to the UK and continue living your life, then come back when either the bridging visa is granted or the partner visa is granted? Expensive I know. But we aren't actually moving to Aus until mid-2021, so waiting until we move to apply onshore would be a big delay. But if the bridging visa approval is fast, it might be the right thing to do?

Thanks.

My understanding is that bridging visas are for people onshore, to allow them to stay onshore (i.e. it bridges from one visa to another to remain legal in Autralia, in your situation a 600 visa to a partner visa). To leave the country while on a Bridging Visa A, you have to apply for a Bridging Visa B which I have always understood to be for short-term overseas travel. Given Onshore partner visas have fairly long processing times, leaving on a short-term BVB to live in the UK relatively long-term while waiting, seems unlikely. Putting bridging visas to one side, I am unsure if you can "pop over" and apply onshore before leaving again while the "onshore" partner visa is processing. 

Having said all that, I'm not a migration agent and would recommend contacting Paul (above) for a discussion. Its a lot of money to spend and you want to get it right first time, so a free initial consultation could be invaluable. We decided to pay for the services of an agent when we did our partner visa and again, given the amounts of money involved, felt it was a small price to pay for peace of mind.

[Marisawright]

11 hours ago, Samsamsam said:

2. If you 'popped over' to Aus to apply onshore, could you then go back to the UK and continue living your life, then come back when either the bridging visa is granted or the partner visa is granted? Expensive I know. But we aren't actually moving to Aus until mid-2021, so waiting until we move to apply onshore would be a big delay. But if the bridging visa approval is fast, it might be the right thing to do?

Thanks.

 You can't "pop over", apply onshore, and leave again.  Firstly, if you leave before the bridging visa is granted, it (and your application) will becoime invalid.  Secondly, once you get the bridging visa, you are not allowed to leave Australia.   You have to apply for permission (a BVB) if you need to go overseas, and you have to give specific reasons (e.g. house settlement, visit family), and permission will be granted for a limited time so you can carry out that specific task.

In your shoes, I'd be applying now.   Allowing people to enter Australia on a tourist visa and then stay for months or years on a bridging visa, with no financial/health/security checks, is a loophole in the current system which is being heavily used nowadays (due to the long processing times on some visas).  With the current review of immigration, I wonder if there will be a move to close that loophole - if so, you might find the onshore route isn't available to you when you come to apply. 

Edited September 1, 2020 by Marisawright

[VERYSTORMY]

Speak to a professional such as Paul who replied. 

[paulhand]

3 hours ago, Marisawright said:

Firstly, if you leave before the bridging visa is granted, it (and your application) will becoime invalid.

This bit is not the case ... true that if you hold a Bridging Visa A, this will expire If you leave the country without getting a BVB, but this has no effect on the Partner application. You would of course then need a new visa to return as the Partner visa must be granted onshore. Not a given in the current climate m

[Samsamsam]

Morning all, thanks for chipping in with your feedback. I really didn't fancy 'popping over' for an onshore application anyway, and given covid-19 it's not really an option right now either. But understanding the various alternatives is always something I like to have in my back pocket (and I hope others find the discussion helpful). 

What's a migration agent cost for a consultation to determine the best route? I'm confident completing the forms and doing the spiel about our partnership/gathering evidence (went through a very exhuastive process 3 times to get my UK spouse visa), so not looking for this part... 

 

 

[VERYSTORMY]

3 hours ago, Samsamsam said:

Morning all, thanks for chipping in with your feedback. I really didn't fancy 'popping over' for an onshore application anyway, and given covid-19 it's not really an option right now either. But understanding the various alternatives is always something I like to have in my back pocket (and I hope others find the discussion helpful). 

What's a migration agent cost for a consultation to determine the best route? I'm confident completing the forms and doing the spiel about our partnership/gathering evidence (went through a very exhuastive process 3 times to get my UK spouse visa), so not looking for this part... 

 

 

Why not contact Paul who has replied above and has contact details in his signature and he will prove details on this. 

[MacGyver]

7 hours ago, Samsamsam said:

Morning all, thanks for chipping in with your feedback. I really didn't fancy 'popping over' for an onshore application anyway, and given covid-19 it's not really an option right now either. But understanding the various alternatives is always something I like to have in my back pocket (and I hope others find the discussion helpful). 

What's a migration agent cost for a consultation to determine the best route? I'm confident completing the forms and doing the spiel about our partnership/gathering evidence (went through a very exhuastive process 3 times to get my UK spouse visa), so not looking for this part... 

 

 

When we used an agent in the past, the initial consultation to determine visa strategy was free. This included a review of our situation followed by their professional assessment as to the best course of action. From that point, fees for ongoing support were provided and you had the option of taking the free advice and going it alone, or paying for their services in full or in part depending on circumstances and level of support needed.

In all honesty, it wasn't cheap but it wasnt as much as we expected either. I can't remember how much off the top of my head and every application is different, but we felt it was money very well spent given the ever changing visa rules and the consequences if we didn't get it right first time. I figured we wouldn't regret paying the money, but we might regret not paying it.

It won't do any harm to make initial contact with an agent. What is there to lose in having a free chat.