HELP!! Stuck in NZ to lodge 461 no BVB to return

[Becky]

Im from the UK and lived on the Gold Coast 12 years on temp visas.

My partner is a NZ citizen and has lived in oz since 2005.

I came offshore to lodge a 461 nz relative visa as i was s48 barred and my lawyer didnt tell me my BVB had been refused as DHA had unbeknown to us cancelled my BVA now im stuck in NZ.

Ive applied for 2 visitor visa 600 all refused on the grounds DHA dont think im a genuine visitor. 

They have asked for evidence of employment ties to the UK, financial capacity etc.

my mum in the uk and partner wrote stat decs and gave payslips as evidence of financial support …..still refused.

Ive lived in aus 12 years so of course i have no employment ties to the UK. I dont own property there either.

can anyone help with any ideas as to what i can do to get back?

all my posessions, car, dog and partner are in aus and im stuck in NZ with no work rights.

Ive now been here 2 weeks.

pleaee help or forward to a decent immigration lawyer that you think may help.

im desperate.

[Nemesis]

I'd recommend talking to an agent asap, lots use this forum; my personal recommendation is George Lombard https://playfair.com.au/team/george-lombard/

Can you not still lodge a 461?

Would your partner qualify as an eligible NZ citizen" to sponsor you for a Partner Visa?

[Becky]

I have lodged the 461 now but i have no BVB to return to Aus. Being trying visitor visas and keep getting refused.

 

my partner is a NZ citizen but is now eligible from 1st july to apply for aus citizenship.

 

im looking for the mechanism to return to aus as soon as possible.

[Tulip1]

I assume you’ve reached out to a migrant agent.  It seems you definitely need the help of a professional. 

[Becky]

I have a migration agent, she was the one who didnt tell me the BVB was not in place before i got on the plane....... I have now been in New Zeland 2 weeks after only meant to be here 2 days and she still has not found a solution to get my back to Australia.

I have been denied by DHA the opportunity to clear my possessions in Australia after living there 12 years. Then i will depart to the UK an await the decision on the 461 visa but i cannot even seem to get back in to tie up my affairs in Aus first.

I HAD a job there, car, dog, clients, sentimental items and 12 years of my life. I also have to clear professional workspaces of equipment.

Im extremely distressed and relying on my partner to keep sending me money to survive in New Zealnd and keep changing my flights back to Aus.

If anyone can direct my to a really good lawyer or anyone that deals with Human rights commission please let me know.

 

[Marisawright]

19 minutes ago, Becky said:

I have a migration agent, she was the one who didnt tell me the BVB was not in place before i got on the plane.....

 

Why did they cancel your BVB?

[Nemesis]

31 minutes ago, Becky said:

I have a migration agent, she was the one who didnt tell me the BVB was not in place before i got on the plane....... I have now been in New Zeland 2 weeks after only meant to be here 2 days and she still has not found a solution to get my back to Australia.

I have been denied by DHA the opportunity to clear my possessions in Australia after living there 12 years. Then i will depart to the UK an await the decision on the 461 visa but i cannot even seem to get back in to tie up my affairs in Aus first.

I HAD a job there, car, dog, clients, sentimental items and 12 years of my life. I also have to clear professional workspaces of equipment.

Im extremely distressed and relying on my partner to keep sending me money to survive in New Zealnd and keep changing my flights back to Aus.

If anyone can direct my to a really good lawyer or anyone that deals with Human rights commission please let me know.

 

You don't need a lawyer, you need the assistance of a good MARA agent, and if you have one who is not actively engaging with Immigration on your behalf, then you need to remove her and get someone else - such as the one I recommended earlier. No other agent will help though while you already have an agent engaged on your behalf. 

If your BVB was refused cos your BVA had been cancelled, why was the BVA cancelled?

Seriously, going through something like the Human Rights Commission is going to take far longer than either waiting for the grant of the 461, or waiting till your partner is a citizen and can sponsor you for a spouse visa. 

I'm not meaning to sound unsympathetic, just giving you the facts. 

Edited July 6, 2023 by Nemesis

[JetBlast]

1 hour ago, Marisawright said:

Why did they cancel your BVB?

They didn't. The OP was on BVA and applied for BVB. However, the application was still in progress and they left the country. As they still held BVA and left Australia it was automatically cancelled (as stated here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/bridging-visa-a-010#About). leaving them without any active visa at all. The BVB application will now be refused (if it hasn't already) as there is no active BVA in place.

 

Quote

If your BVB was refused cos your BVA had been cancelled, why was the BVA cancelled?

As above 

Edited July 6, 2023 by JetBlast

[JetBlast]

1 hour ago, Becky said:

If anyone can direct my to a really good lawyer or anyone that deals with Human rights commission please let me know.

Timing is key here. You need to speak to a new, good migration agent. There are plenty on this site who come highly recommended. 

I don't believe any human rights have been breached here. Spend what time you have to focus on the best short term outcome.

[Becky]

Thanks for all your responses please direct me to anyone you feel can help.

[JetBlast]

12 minutes ago, Becky said:

Thanks for all your responses please direct me to anyone you feel can help.

These are a few in no particular order

https://www.pinoyau.com/
https://www.ozimmigration.com/
https://www.suncoastmigration.com/
https://playfair.com.au/team/george-lombard/

[Marisawright]

33 minutes ago, JetBlast said:

They didn't. The OP was on BVA and applied for BVB. However, the application was still in progress and they left the country. As they still held BVA and left Australia it was automatically cancelled (as stated here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/bridging-visa-a-010#About). 

Ah, that makes sense.  The OP said the BVB had been refused BECAUSE the BVA had been cancelled, but it's the other way around.  I get it now.

@Becky, I don't see any point in going to the Human Rights Commission.   DHA has done everything correctly according to their procedures.  Legally, it was your responsibility to make sure you had a BVB before you left the country, not the lawyer's.  You've got every right to blame the lawyer, but "I didn't know" or "the lawyer didn't tell me" is not sufficient grounds for an appeal against the decision.   Similarly, you're not going to get a tourist visa because it's obvious that you want to come back to settle, not for a holiday.

Even if you could appeal, I'm not sure I would bother.  We've seen a few people appeal decisions lately, and the appeal process takes so many months (or years!) that they would've been much better off giving up and starting a new visa application. 

Also as Jetblast says, you'll need to sack your existing lawyer before any other agent can even offer you advice. 

Edited July 7, 2023 by Marisawright

[Nemesis]

2 hours ago, Marisawright said:

Ah, that makes sense.  The OP said the BVB had been refused BECAUSE the BVA had been cancelled, but it's the other way around.  I get it now.

@Becky, I don't see any point in going to the Human Rights Commission.   DHA has done everything correctly according to their procedures.  Legally, it was your responsibility to make sure you had a BVB before you left the country, not the lawyer's.  You've got every right to blame the lawyer, but "I didn't know" or "the lawyer didn't tell me" is not sufficient grounds for an appeal against the decision.   Similarly, you're not going to get a tourist visa because it's obvious that you want to come back to settle, not for a holiday.

Even if you could appeal, I'm not sure I would bother.  We've seen a few people appeal decisions lately, and the appeal process takes so many months (or years!) that they would've been much better off giving up and starting a new visa application. 

Also as Jetblast says, you'll need to sack your existing lawyer before any other agent can even offer you advice. 

Agree whole-heartedly! As I said above, if the OP still has this agent, they need to drop her and get a new one. 

Doesn't appear to be any breach of human rights, and if they appeal to them, or even Immigration, there's no way they will succeed - just a refusal after a very long wait. 

Get a good agent and plan a strategy with them. And get the NZ partner to go for citizenship asap. 

[Steve Elliott]

5 hours ago, Marisawright said:

Ah, that makes sense.  The OP said the BVB had been refused BECAUSE the BVA had been cancelled, but it's the other way around.  I get it now.

@Becky, I don't see any point in going to the Human Rights Commission.   DHA has done everything correctly according to their procedures.  Legally, it was your responsibility to make sure you had a BVB before you left the country, not the lawyer's.  You've got every right to blame the lawyer, but "I didn't know" or "the lawyer didn't tell me" is not sufficient grounds for an appeal against the decision.   Similarly, you're not going to get a tourist visa because it's obvious that you want to come back to settle, not for a holiday.

Even if you could appeal, I'm not sure I would bother.  We've seen a few people appeal decisions lately, and the appeal process takes so many months (or years!) that they would've been much better off giving up and starting a new visa application. 

Also as Jetblast says, you'll need to sack your existing lawyer before any other agent can even offer you advice. 

If in doubt any visa holder can check their own visa status using the "vevo" system. If you wish to engage with another agent, their is a simple form which is filled out which in effect serves to transfer your migration affairs to a new agent. 

[Parley]

I guess if you say you live in Australia they are right that you aren't a legitimate visitor.

Probably best to go back to UK and then work on a strategy to get back to Australia permanently if you can.