Bridging Visa A for Contributory Parent Visa Applicants

[LindaH27]

12 minutes ago, Tulip1 said:

People on temporary visas have always been allows to leave.  I think many have preferred to use the I can’t get a flight right now/my family think it’s not safe for me to leave story.  That kind of thing and who can blame people for trying their luck.  Clearly for some it’s worked.

Yes. I would have thought they’d issue a visa that wasn’t open- ended eg visa is valid till borders open etc. 

[Tulip1]

1 minute ago, LindaH27 said:

Yes. I would have thought they’d issue a visa that wasn’t open- ended eg visa is valid till borders open etc. 

I agree.  It is very unfair on those waiting in the queue when you hear of people applying onshore and never having to leave.  Not their fault so good for them but it’s very poor judgement on immigration I think.  

[LindaH27]

5 minutes ago, Tulip1 said:

I agree.  It is very unfair on those waiting in the queue when you hear of people applying onshore and never having to leave.  Not their fault so good for them but it’s very poor judgement on immigration I think.  

Yes lots of people feel it to be very unfair - but when has immi ever quite got things right? They were wrongly prioritising 864 over 143 for many years. They don’t now do it so I’m assuming someone kicked up a fuss !!

[Marisawright]

5 hours ago, Tulip1 said:

People on temporary visas have always been allows to leave.  I think many have preferred to use the I can’t get a flight right now/my family think it’s not safe for me to leave story.  That kind of thing and who can blame people for trying their luck.  Clearly for some it’s worked.

I've noticed that.   I understand why the government has been granting visas to temporary WORKERS in Australia.   It's self-interest - they know it's hard to get new temp workers in , so they're hanging on to the ones they've got.  

However, I've never understood why they are dishing out all these temporary visas to parents and family members, when there's nothing stopping them going home, I don't understand. Lucky for those who've been able to take advantage of it, but a bit sickening for all those family members who can't visit at all.

[Tulip1]

44 minutes ago, Marisawright said:

I've noticed that.   I understand why the government has been granting visas to temporary WORKERS in Australia.   It's self-interest - they know it's hard to get new temp workers in , so they're hanging on to the ones they've got.  

However, I've never understood why they are dishing out all these temporary visas to parents and family members, when there's nothing stopping them going home, I don't understand. Lucky for those who've been able to take advantage of it, but a bit sickening for all those family members who can't visit at all.

I’ve never understood it.  There’s pretty much always been flights.  The one thing that I really just don’t get though is people in the 143 queue have been given bridging visas so get to stay until their visa is approved which for some is many years away.  So people are patiently waiting in the queue whilst others that have been in the queue for less time than them are already there and getting to stay there.  That is poor.   

[PaulM]

On 06/10/2021 at 09:02, Tulip1 said:

I’ve never understood it.  There’s pretty much always been flights.  The one thing that I really just don’t get though is people in the 143 queue have been given bridging visas so get to stay until their visa is approved which for some is many years away.  So people are patiently waiting in the queue whilst others that have been in the queue for less time than them are already there and getting to stay there.  That is poor.   

Hi Marisa - There haven't always been available flights. From where I am to where I would be allowed to go there have been times when there were no flights and times when there were but infrequent and impossible to book at the right time. Immigration seem to have kindly taken this into account.

Hi Tulip - I not sure fairness comes into it. We have been granted additional visitor 600 visas during Covid. Since the 143 is now able to be granted whilst onshore, then it falls under the provisions for a BVA (as explained to me by my agent following up on advice on this forum). Granting 143 without having to leave Aus makes sense at this time to reduce pressure on travel and quarantine. My own opinion (and yes, perhaps due to my own circumstances) is that if you applied for a 143 in say Feb 2020 and then flew here for a holiday and then remained here since, then a Bridging Visa might be a inappropriate given the approx 15 year wait for the 143. However if (like me) you applied years ago and had some reasonable degree of expectation of a 143 being granted soon, then a Bridging Visa may indeed make sense. I would hope (but not perhaps expect) that Immigration take this into account when looking at the BVA applications. 

In any case, you need to have applied for the 143 offshore and have really already been onshore on 15th March 2020 (I might be outa bit +/-) when tourism stopped  for this to apply. I don't believe that will be many cases. 

The above said, I note that Vyvy was on a BVE. I didn't know that was possible for a 143 applicant, but then again I don't know Vyvy's personal circumstances.

Anyway, I sent an application for me and my wife today for a BVA. We might be lucky and get it, or else we might be applying for another 600 visa in December...

 

[Marisawright]

3 hours ago, PaulM said:

Hi Marisa - There haven't always been available flights. From where I am to where I would be allowed to go there have been times when there were no flights and times when there were but infrequent and impossible to book at the right time. Immigration seem to have kindly taken this into account.

I think the key is "there have been times" and "infrequent".    Not impossible.  You have a legal right to take advantage of it, lucky you, but I still feel it's wrong.  I guess that's because I'm a taxpayer not an incoming parent.

[paulhand]

8 hours ago, PaulM said:

Anyway, I sent an application for me and my wife today for a BVA. We might be lucky and get it, or else we might be applying for another 600 visa in December...

It's not a matter of luck - you are either legislatively eligible or you are not. 

[PaulM]

14 hours ago, Marisawright said:

I think the key is "there have been times" and "infrequent".    Not impossible.  You have a legal right to take advantage of it, lucky you, but I still feel it's wrong.  I guess that's because I'm a taxpayer not an incoming parent.

Hi Marisa, definitely flights have been possible for some locations at some times, but not always when needed (e.g. towards the end of a visa period) or to where needed, even via hubs. I think that is probably the key point.

I think the Aussie taxpayer should be a little more happy with the situation on granting BVA's at this time since such grantees would seem to be net spenders in Aus. The info I found was that Parent Visa applicants are specifically excluded from Medicare whilst on a BVA and medical insurance was needed. For some countries there will be reciprocity agreements, but that will have a degree of offset. There may be some other benefits available, but non I could see looked significant when the context of the numbers of people who would qualify are considered. On the other hand, each person on a BVA will spend on groceries, utilities etc. 

I suppose everyone will have different circumstances, but some (like me) will also be Aus tax payers as well. 

[PaulM]

9 hours ago, paulhand said:

It's not a matter of luck - you are either legislatively eligible or you are not. 

Hi Paul - agree it is down to of you qualify or not under the legislation. I was just being chatty. That said, you must come across cases which are a little grey. In my own case I held a substantive visa when we applied for the 143, whilst my wife's had expired and her next one was when we next came to Aus on holiday. However, the 143 application was joint as is the BVA. The advice I have been given is to apply and explain this as Immi may look kindly on the joint BVA since I (as primary applicant) held a substantive visa at the time in 2016.

[cfrenzy18]

On 15/09/2021 at 19:42, VyVy said:

Hi,

I just learnt that if I applied for a Contributory Parent Visa while holding a Visitor Visa and if I am currently in Australia, I am eligible to apply for a Bridging Visa A. 

Anyone here is in same situation and has applied for a BVA? Much appreciate if you share how to do. 

Hi VyVy,

Can you let me know how to apply for the BVA? As 143 is paper application, we can’t apply on Immi account. So we sent application to their email or by post to Perth visa centre? TIA.

[VyVy]

16 hours ago, cfrenzy18 said:

Hi VyVy,

Can you let me know how to apply for the BVA? As 143 is paper application, we can’t apply on Immi account. So we sent application to their email or by post to Perth visa centre? TIA.

I posted per the department's request (no other option). They didn't contact to "interview" or whatever, just emailed the grant notification after around 10 days.

@ PaulM: did you get yours?

 

[cfrenzy18]

8 minutes ago, VyVy said:

I posted per the department's request (no other option). They didn't contact to "interview" or whatever, just emailed the grant notification after around 10 days.

So what document you need to include per the request?

[VyVy]

57 minutes ago, cfrenzy18 said:

So what document you need to include per the request?

The form (1005), copy of my passport and driver's license

[PaulM]

On 04/11/2021 at 09:42, VyVy said:

I posted per the department's request (no other option). They didn't contact to "interview" or whatever, just emailed the grant notification after around 10 days.

@ PaulM: did you get yours?

 

Hi Vyvy - apologies for late reply - I didn't look at the site for a while.

I haven't had any response yet, but the original application went by normal post (by mistake) on 8th October. Since I couldn't track it and heard nothing for a few weeks, I repeated the application with an explanatory covering letter and sent that by express post on 12th November. It was received at destination on 16th November. Important to remember to send to the locked bag address and not the street address.

I'll post again when/if I hear back from immigration.

[PaulM]

We got a mixed reply from immigration yesterday. My application was granted with the BVA becoming active when my current visitor's visa ends (31st Dec 2021). No conditions attached. 

My wife's was refused as she did not hold a substantive visa when we applied for the 143 in Aug 2016. We had hoped that the joint nature of the applications would mean both BVA's were granted, but seems not.

We will be speaking to our agent to see what to do next - appeal, apply for a further visitor visa for my wife or any other options.

Any suggestions from the forum appreciated.

[paulhand]

11 hours ago, PaulM said:

she did not hold a substantive visa when we applied for the 143 in Aug 2016.

 ... in which case there is no legislative basis for the grant of a BVA. 

[PaulM]

 

1 hour ago, paulhand said:

 ... in which case there is no legislative basis for the grant of a BVA. 

Correct Paul, which is why we will look at other alternatives for her to also be allowed to stay in Australia. 

[Marisawright]

19 hours ago, PaulM said:

We will be speaking to our agent to see what to do next - appeal, apply for a further visitor visa for my wife or any other options.

You can't appeal, I'm afraid.  You can appeal if you think they made a mistake, but they didn't - she was never eligible and if you appealed, they would just come to the same conclusion.  Your only other option is a further visitor visa of some kind.

[PaulM]

6 hours ago, Marisawright said:

You can't appeal, I'm afraid.  You can appeal if you think they made a mistake, but they didn't - she was never eligible and if you appealed, they would just come to the same conclusion.  Your only other option is a further visitor visa of some kind.

Hi Marisa,

I agree a visitor visa is probably the way forward, but since the refusal mentions an AAT appeal it would be sensible to consider this. My agent will go through options and we can settle on the one (or more) with most chance of success.

[paulhand]

There’s clearly a difference between being able to appeal a decision (which is a function of the circumstances of the application and the refusal) and there being any chance of a successful outcome (which is a function of whether the Department has made a legislatively incorrect decision). Your agent will provide advice on this, as you say. 

[PaulM]

1 hour ago, paulhand said:

There’s clearly a difference between being able to appeal a decision (which is a function of the circumstances of the application and the refusal) and there being any chance of a successful outcome (which is a function of whether the Department has made a legislatively incorrect decision). Your agent will provide advice on this, as you say. 

Absolutely agree. That's why I'll keep all options open until I meet with my agent and he can review and advise the best course. Which is what I've said above.  

I am a believer in the value of agents for these visa matters, especially PR issues.