BradHowellNZ Posted January 19, 2021 Share Posted January 19, 2021 Hi all, Am just reaching out for a little bit of advise if at all possible! Basically, myself (New Zealand Born, passport holder and citizen) and my partner (who is a UK citizen) are looking at moving to Australia in about a year to 18 months. We are looking at the 461 visa - however the processing times look insane (34 - 40 Months) which would mean that if we applied outside of Australia we could be waiting a very long time to get the go ahead. The other idea that popped in to my head was to travel to Australia - I would get the SCV visa as a New Zealand Citizen and my partner would get a holiday visa (Im assuming) then apply for the 461 once we are within Australia, so as to gain work right etc for my partner whilst we await the visa. The only issue I see is if we do this, she will need a bridging visa (apply for BVA, then BVB which will let her travel if need be) - one concern surrounding this is the fact it states you MUST be in the country when your visa is successful, so what happens if she is visiting family back in UK or has to leave due to an emergency and the visa gets granted whilst she is away? Mind is completely boggled at this stage and we really dont know whether to apply for this now and hope that it comes back within a year, or wait and apply from within Aus. Thanks in advance Brad Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 19, 2021 Share Posted January 19, 2021 (edited) I assume you're planning to fly to New Zealand, do your quarantine there, stay somewhere for 14 days, and then fly to Australia using the travel bubble for New Zealanders? I'd advise checking to make sure you don't need to prove residency in NZ first, I have no idea). I'm sure you know that you can't fly direct to Australia due to the border closures. Just yesterday, the health minister said that's not likely to change till the end of this year. The other problem with that strategy is that your partner won't have work rights on the bridging visa, so you'll be living on one income for a couple of years (processing times onshore are even longer). And she's not likely to be overseas visiting relatives, because the bridging visa comes with no travel rights either. She'll have to apply for a special visa (a BVB) every time she wants to leave the country. Also note, that means she won't be able to respond to any emergencies in the UK because she'll have to apply and wait for the BVB before she flies. If she leaves without a BVB, her bridging visa is cancelled and she'll be refused re-entery to Australia. Edited January 19, 2021 by Marisawright Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 19, 2021 Share Posted January 19, 2021 Neither of you will get permission to travel to Australia until the travel restrictions are relaxed (unless you travel via NZ). She will not get work permissions on a bridging visa to an onshore 461. It would probably make sense for you to get some professional advice tailored to your specific circumstances as your understanding seems a bit hazy, based on what you have written. Quote Link to comment Share on other sites More sharing options...
BradHowellNZ Posted January 19, 2021 Author Share Posted January 19, 2021 Yes we have had some advise from a couple of specialists here. We would be going to NZ first for at least 6 months (november this year) and then looking to enter Aus from NZ. From what I can see, and have been told - if we apply for the 461 onshore, then a bridging visa is able to be granted which entitles the person to the exact same rights to the visa being applied for (in this case, right to work and live etc) Is this not the case from what you understand? Indeed, very intricate and we will be making sure we seek professional advice before any decision is made - just thought I would put it out to the forum Brad Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 19, 2021 Share Posted January 19, 2021 12 minutes ago, BradHowellNZ said: Yes we have had some advise from a couple of specialists here. Are they MARA registered migration agents? 12 minutes ago, BradHowellNZ said: From what I can see, and have been told - if we apply for the 461 onshore, then a bridging visa is able to be granted which entitles the person to the exact same rights to the visa being applied for (in this case, right to work and live etc) Is this not the case from what you understand? No, this is not the case for a 461 application. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 20, 2021 Share Posted January 20, 2021 (edited) 3 hours ago, BradHowellNZ said: From what I can see, and have been told - if we apply for the 461 onshore, then a bridging visa is able to be granted which entitles the person to the exact same rights to the visa being applied for (in this case, right to work and live etc) Is this not the case from what you understand? No, it is not the case. The bridging visa iwll have the rights of the visa she holds when she applies, NOT the visa she's applying for. She would hold a tourist visa so there would be no work rights. There is a thread here somewhere for 461 holders and you''ll find people strugging with exactly that situation. Edited January 20, 2021 by Marisawright Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.