What is a "valid reason" for bridging visa B?

[Guest beabea]

I’m currently on a working holiday visa which is due to expire on august 15th 2009 .On may 29th ,2009, a couple of weeks time I will be applying with my Australian partner for a defacto visa. We have all the paper work together so that parts not a problem. The problem is we were planning to travel back to England from the 16th august 2009 to September 11th, but I’ve been told that this won’t be possible on either a temporary spousal visa, or a bridging visa A.

 

On the Bridging visa B is says I have to have substantial valid reasons, but what does this mean? And how long does this take to process?

Do I have to have a dying parent or can I just really miss home and need to visit for sanities sake. I haven’t seen anyone from home for a year now and I miss them so much. I didn’t realise I couldn’t travel on a temporary defacto visa. If I leave it until I get my permanent visa, I’m guessing it will be at least 3 years from now until it’s all done, my grandparents, who are quite poorly, will have died.

 

I’ve also been told that if I move my trip forward so that I come back before my current working holiday visa is due to expire then that would be ok. Is this true? We already have our tickets booked, but could move them if needed.

 

So to clarify from the stressed out babble.

1) What classifies as substantial valid reasons to get a BVB?

2) How long do BVB’s take to process?

3) Should I move my travels forward so I return before the end of my current working holiday visa expires on the 15th August?

 

 

 

 

[Les Mighalls]

a dying parent

 

Valid.

 

I just really miss home

 

Not valid.

 

The criteria for a BVB are, "compelling and compassionate reasons".

[Guest Gollywobbler]

Hello Beabea

 

Welcome to Poms in Oz.

 

Plan A is an onshore application for a de facto visa. Whereabouts are you, please? I am asking which of the DIAC offices would be responsible for processing your application. Please see the link below and confirm which one it would be:

 

Australian Offices

 

In your shoes I would phone the relevant office (or better still, go there) and ask them how long they take to process a subclass 820/801 application. If they say "one month" and they mean it, it would be reasonable for you to defer your travel plans.

 

One of the two offices in Sydney (I don't know which one) is DIRE, though. They recently took 6 months to process an application from a friend of mine even though there were no queries.

 

Last year either the same Sydney office or the other one in Sydney settled down to an 8 month wait to do an upgrade from the temporary to the permanent Spouse visa. The girl's parents were waiting to submit a Contributory Parent application and the whole thing was logjammed because of the dire slowness of the spouse visa processing people. In the end the Manager of the POPC (Parents) suggested a formal complaint via the global feedback unit. That did the trick. The spouse visa people were shirty about the complaint initially but once they realised it was justified they granted the permanent spouse visa within 3 working days. There were at least six e-mails on their files explaining about the waiting Parent visa application but it needed a formal complaint (has to be formally recorded and is likely to result in their internal auditors dishing out a Continuous Improvement Notice) to get them to get up off their butts and deal with the application.

 

Partner applications are supposed to receive absolutely maximum priority in visa processing, along with Child Visa applications. In London they do get priority. They are usually processed within 2 to 3 weeks if the evidence is solid and complete etc. In Sydney it is absolutely dire and I have heard that Brisbane is direly slow too. I don't know about the timescales elsewhere in Oz.

 

It is not reasonable for the Minister to keep you trapped in Australia simply because his own Department is not able to meet the performance targets which he sets for it. Australia abandoned false imprisonment by way of an idea long ago. Friends of friends are living in Adelaide waiting for an Aged Parent visa. Those take about 8 to 10 years to process. They are on a Bridging Visa in the meanwhile. Every year they leave Australia for most of June, July & August because they don't like the cold. They travel to South Africa, on to the UK and then home. When I queried why Adelaide are so accommodating about Bridging Visa Bs for this couple I was told that DIAC in Adelaide take the view that it is not the Parents' fault that the processing delays with Aged Parent visas are a national disgrace and embarrassment. The fact that the Minister cannot deal with his own end of the application within a civilised timeframe is recognised as being good & sufficient reason to permit the Parents to escape the winters in Adelaide. Quite right too because if they had their permanent visas they could come & go as they please. As it is the concession offered by Bridging Visa B permits them to spend up to 90 days a year outside Oz but apparently the 90 days absolutely must not be exceeded. The Human Rights people would waste no time before arguing that that is not good enough and the Minister might well feel compelled to agree.

 

So I recommend that you investigate the likely timeframe for processing the application. The compelling & compassionate reason for needing to visit the UK is because when you left the UK for an exploratory visit to Oz your dear mother had no idea that her daughter might decamp to the antipodes permanently. Your poor dear parents are making themselves ill with worry because they have never clapped eyes on the Aussie stranger that you are now shacked up with and as far as they are concerned he could be Godzilla. :shocked: It is absolutely essential that no time is wasted in providing them with reassurance by taking Godzilla to meet his future in laws. If that is not a compelling & compassionate reason for the trip, nothing is because I'll bet your Parents are worried witless by your plans and that they are simply doing their best to conceal their anxiety from you.

 

Plan B: De facto applications are processed very quickly in London, usually. You could simply get an offshore de facto application ready and despatch it to Australia House in London the day after you reach the UK in August. How long are you planning to spend in the UK?

 

Cheers

 

Gill

 

PS: Once the temporary de facto visa is granted, regardless of whether it is the onshore or the offshore version, you can come and go from Australia as often or as little as you please. There is NO truth in the rumour that a temporary de facto visa operates as some kind of Detention Order if you use it in order to spend time in Oz.

[Les Mighalls]

Hi Beabea,

 

Departmental policy is that a BVB is justified where travel is desired for the purposes of either business or education or else personal reasons relating to a member of their immediate family or a close relative.

 

Examples would be where an employer wants to send you off-shore for a short period or to attend a conference or short course.

 

As for relatives, valid reasons are to visit a seriously ill relative or to attend a sibling's wedding.

 

There other reasons obviously, but those are just a couple of examples.

 

BTW, you may also need to provide proof.

[Guest lokaresagar]

I’m currently on a working holiday visa which is due to expire on august 15th 2009 .On may 29th ,2009, a couple of weeks time I will be applying with my Australian partner for a defacto visa. We have all the paper work together so that parts not a problem. The problem is we were planning to travel back to England from the 16th august 2009 to September 11th, but I’ve been told that this won’t be possible on either a temporary spousal visa, or a bridging visa A.

 

On the Bridging visa B is says I have to have substantial valid reasons, but what does this mean? And how long does this take to process?

Do I have to have a dying parent or can I just really miss home and need to visit for sanities sake. I haven’t seen anyone from home for a year now and I miss them so much. I didn’t realise I couldn’t travel on a temporary defacto visa. If I leave it until I get my permanent visa, I’m guessing it will be at least 3 years from now until it’s all done, my grandparents, who are quite poorly, will have died.

 

I’ve also been told that if I move my trip forward so that I come back before my current working holiday visa is due to expire then that would be ok. Is this true? We already have our tickets booked, but could move them if needed.

 

So to clarify from the stressed out babble.

1) What classifies as substantial valid reasons to get a BVB?

2) How long do BVB’s take to process?

3) Should I move my travels forward so I return before the end of my current working holiday visa expires on the 15th August?

 

 

 

 

Hi

 

I was just looking up google, for what are the basis for a Bridging Visa B to be granted for travel purposes. I am getting engaged in December in India and thing this is a valid reason, however when I went to apply for the Visa I was told to come 2 - 4 weeks before the travel date and I need to provide proof of my engagement which has put me in a dilemma as its going to be a family thing.

 

Please please help what I should do

[Guest jenniferboyd]

I’m currently on a working holiday visa which is due to expire on august 15th 2009 .On may 29th ,2009, a couple of weeks time I will be applying with my Australian partner for a defacto visa. We have all the paper work together so that parts not a problem. The problem is we were planning to travel back to England from the 16th august 2009 to September 11th, but I’ve been told that this won’t be possible on either a temporary spousal visa, or a bridging visa A.

 

 

On the Bridging visa B is says I have to have substantial valid reasons, but what does this mean? And how long does this take to process?

Do I have to have a dying parent or can I just really miss home and need to visit for sanities sake. I haven’t seen anyone from home for a year now and I miss them so much. I didn’t realise I couldn’t travel on a temporary defacto visa. If I leave it until I get my permanent visa, I’m guessing it will be at least 3 years from now until it’s all done, my grandparents, who are quite poorly, will have died.

 

 

I’ve also been told that if I move my trip forward so that I come back before my current working holiday visa is due to expire then that would be ok. Is this true? We already have our tickets booked, but could move them if needed.

 

 

So to clarify from the stressed out babble.

1)What classifies as substantial valid reasons to get a BVB?

2)How long do BVB’s take to process?

3)Should I move my travels forward so I return before the end of my current working holiday visa expires on the 15th August?

 

 

 

 

 

Hi, I know how you feel I have a similar situation.I didn't realise you couldn't travel either and we submitted our application for a de facto visa in melbourne on the 24/10/09 and had already booked plane tickets to uk for 24th November for 6 weeks. However my current WHV expires on Dec 10th so therfore wouldn't be able to get back into australia. So asked about the bridging visa and I heard the same thing about compassionate grounds also says it is only valid for 28 days and im going for 6 weeks! big problem!apparently they told me to leave it as late as possible and hope for the best that you can speak to somebody on the phone that is extra nice and see whether they will wave the rules?as anybody had experience in this? I know that the bridging visa B is granted on the day so that should be ok, however they can also refuse you so leaving it late is a bit of a catch 22 situation.I have same reasons as you, miss my family and not seen them for a year! don't think it is going to go down too well!!what have you done so far? Good luck! i sympathise with you, Jen

[Happy Lass]

If I were you and missing my family as much as you are I would bring your flights forward by a day or two to make sure you are not in breach of your current visa and fly back to the UK and lodge from there. It shouldn't cost much more than $150 (if it even costs that much) to change your departure date.

 

I was surprised to read that you were told that you would not be able to travel outside of Australia once your de facto visa has been granted. I received my 309 Spouse visa (de jure) on Friday and it clearly states that multiple travel is allowed. My only condition was that I must not enter Australia before my husband so he got to hand over his passport to the very jolly man on the Immigration desk at Sydney airport first:smile:

 

Best of luck :hug:

[Guest tomprout21]

Hi Guys,

 

I am in the same situation. I am currently on a Bridging visa A waiting for my 457 to be approved.

 

I am going to tahiti to play the Handball Oceania Champions league. My team has been invited to play there as we are champion of victoria.

 

Do you think that it's a valid reason?

I have the official invitation and the players list.

 

I already booked my ticket...

 

Thanks for your help.

[Les Mighalls]

Hi guys.

 

This is what happens when someone drags up an old thread and tries to tack questions on it.

 

Migration law changes too fast to try and seek clarification based upon what was said even six months ago.

 

The principal criterion for obtaining a BVB at the moment is to have a 'substantial reason'.

 

A family wedding, engagement etc are enough, in addition to what I said some time ago.

 

I also think that

 

I am going to tahiti to play the Handball Oceania Champions league. My team has been invited to play there as we are champion of victoria.

 

would be sufficiently substantial.

 

Les

[George Lombard]

Just to clarify what Les has been saying, the law has always required a "substantial reason" for a BVB but the policy has varied considerably from time to time, visa subclass to visa subclass, and location to location as to what might be "substantial". In the days when it was possible to do an "Auckland Shuffle" to avoid the effects of s.48 of the ACT concerning serial applications, the BVB was an important part of every agent's arsenal. But now that onshore spouse applications can be made despite s.48 (since 1 July) a lot of the heat has gone out of the issue.

 

Cheers,

 

George Lombard

[Guest jessys]

Departmental policy is that a BVB is justified where travel is desired for the purposes of either business or education or else personal reasons relating to a member of their immediate family or a close relative.

 

Examples would be where an employer wants to send you off-shore for a short period or to attend a conference or short course.

 

I applied for the skilled independent(residence) visa subclas 885 some time in March and am currently under Bridging Visa A.

 

Just to clarify, if my employer in the Australian firm I'm attached to wants to send me to work off-shore, generally exactly how long am I allowed to work out of the country?

[George Lombard]

 

I applied for the skilled independent(residence) visa subclas 885 some time in March and am currently under Bridging Visa A.

 

Just to clarify, if my employer in the Australian firm I'm attached to wants to send me to work off-shore, generally exactly how long am I allowed to work out of the country?

 

Very difficult to say, historically DIAC has rarely granted BVBs for longer than two months, but given the currently likely processing time for many GSM applications you might need to check with the ASPC or BSPC depending on where your application was lodged. You should also ask them whether your application will be frozen for the period you're out of the country, ie your queue place might be in jeopardy. Employer sponsorship for PR not an option?

 

Cheers,

 

George Lombard

[Guest shine]

What about visiting your family overseas for Christmas for a few weeks if you haven't seen them in months? (I'm on a 457 and being sponsored under ENS). Is that considered a valid reason?

[George Lombard]

@ Shine Depends how much you love your mum I think. Probably they have some way of measuring it in the rooms in Compliance where the seats are bolted to the floor lol.

 

@Jessys I understand that the ASPC is now considering six month BVB applications favourably.

 

cheers,

 

George Lombard

[Guest Jhansen82]

Hi there,

 

I'm pretty much stressed out due to my previous experience with immigration:

 

I went to immigration in September 2009 to apply for my Bridging Visa B so I could go home and see my family. I was met by a lady who did not want to give me the approval for the visa. She claimed that I went home in February 2009 so why did I have to go home now? I told her that:

1. I went home then because my Grandfather died;

2. This was also before I applied for my PR (I submitted my application in May 2009).

She was extremely reluctant, said "s***" but eventually gave it to me. I was by then, on the verge of tears.

 

This experience made me very weary and sad.

 

In a few months (May - June), I planned to see my partner. He lives in Norway (time difference of 10 hours) and we have been in a long distance relationship since August 2009. I desperately want to see him again - IS this considered a substantial reason?

 

What kind of documents would I need to bring to substantiate my reasons for seeing him?

 

Please help!

 

Thank you

[George Lombard]

Dear JH,

 

I think it depends on how you present the appllication - personally I would be shocked if we made such an application and it was refused - but I do understand that not every application is being granted at the moment so perhaps some perseverance is required.

 

Reflecting on your earlier application, I don't think that sort of treatment is very professional, but of course if you give such discretions to lower level staff they're bound to abuse them. The policy of keeping applicants in Australia when there is such a long processing time now for many onshore students is more than bizarre, I would say it verges on cruel and unusual punishment, and could well ultimately lead to international criticism of Australia's human rights practices.

 

Cheers,

 

George Lombard

[Guest silver lining]

My grandparents have suffered a major car accident and have been admitted to the hospital. The chances of survival are shallow due to their age. They shall be going through a cerebral surgery which shall remove the inner most clot which might allow the brain to refunction again. I need to go and see them urgently but the problem is that I am on BVA and as the members do kindly explain that a BVB is necessary, however, I have not yet been allocated a case officer. Is it okay to ask for a BVB even then? Also, how long does it take for them to decide?

 

PS: I am ready to provide the treating doctor's diagnosis

 

Please help!! Thanks in anticipation!! :sad:

[George Lombard]

Dear SL,

 

Ask your family to fax you some confirmation of the accident - police report, news report, medical certificate - and take that in to a DIAC office immediately, you'll most likely be able to travel within 3-6 hours. I'm a bit confused that you suggest that both grandparents require the same operation.

 

Cheers,

 

George Lombard

[Guest chajath]

While we are at it could I post another BVB question?

 

I have submitted my app for 885 visa Jan. last year and I'm on my bridging visa A. I went back to visit my parent last June (back then I had substantial visa). Now, I want to visit my family again this coming September. I am in Australia by myself.

 

I was wondering, could "family separation" be a sufficient reason for the grant of BVB? (I mean, how cruel is that, when the on-shore app. can take well up to three years to process, you still require some terrible catastrophe to happen before you allow them to visit their family?)

[Guest silver lining]

Dear Mr. Lombard,

 

I think its my grand mother who requires that surgery, I am pretty sure. I am yet not clear about it as there is a lot of chaos right now in the family. But my father is ready to fax the medical certificate. so, I might go tomorrow to DIAC.

 

Thanks for everything.

 

Silver Lining

[Guest landaleav]

Hi everyone!

I am on GSM PR Bridging visa and if I have been offered a job in New Zealand. What are the options do I have? Can I take Bridging B visa and come back to Australia after every 3 months for renewal with the substantial reason: I need this work experience as part of my professional development? I really need this job because even to find a good job in Australia, I need this experience.

 

As far as NZ visa goes, I am thinking of applying temporary work visa.

 

Good suggestions will be highly appreciated!

[Guest y725]

"Can I take Bridging B visa and come back to Australia after every 3 months for renewal with the substantial reason: I need this work experience as part of my professional development? I really need this job because even to find a good job in Australia, I need this experience. Good suggestions will be highly appreciated! :)"

 

I have similar situation as finding an overseas job is crucial to my job-hunting here in Australia in internatioanl agencies.

 

My questions is, can an internship be an substantial reason for travelling? Will I get a BVB for more than 6 months or I have to re-apply every 3 months? (I heard from people the second time you applied it'll be very difficult for you to get it or get extention)

 

@ Dear George Lombard --> "I understand that the ASPC is now considering six month BVB applications favourably." Can I then lodge an BVB application with ASPC even if my application is online (and therefore with BSPC)?

 

Your saying that "The policy of keeping applicants in Australia when there is such a long processing time now for many onshore students is more than bizarre, I would say it verges on cruel and unusual punishment, and could well ultimately lead to international criticism of Australia's human rights practices." is so true, I believe many people will find it resonating.

[Guest landaleav]

"Can I take Bridging B visa and come back to Australia after every 3 months for renewal with the substantial reason: I need this work experience as part of my professional development? I really need this job because even to find a good job in Australia, I need this experience. Good suggestions will be highly appreciated! :)"

 

I have similar situation as finding an overseas job is crucial to my job-hunting here in Australia in internatioanl agencies.

 

My questions is, can an internship be an substantial reason for travelling? Will I get a BVB for more than 6 months or I have to re-apply every 3 months? (I heard from people the second time you applied it'll be very difficult for you to get it or get extention)

 

@ Dear George Lombard --> "I understand that the ASPC is now considering six month BVB applications favourably." Can I then lodge an BVB application with ASPC even if my application is online (and therefore with BSPC)?

 

Your saying that "The policy of keeping applicants in Australia when there is such a long processing time now for many onshore students is more than bizarre, I would say it verges on cruel and unusual punishment, and could well ultimately lead to international criticism of Australia's human rights practices." is so true, I believe many people will find it resonating.

 

I got my PR just after this message which I posted. However, I heard from someone that you can leave the country and then come back when your application will be processed on visit visa and finalize the application. However, you should make sure that you are not from one of those countries, for which Australia takes more than 28 days to process even a visit visa otherwise you'll lose your permanent residency application completely.

[Guest y725]

hi landaleav, a belated congratulations on the granting of your PR!

 

Could you please provide a bit more explanation on that visit visa? That means if I leave the country and my bridging visa A status expired, I might be able to come back on visitor's visa for my applicaiton to be finalised? I've never heard about this before and might hav to check on that with someone professional.

 

Thnx for the info anyway. Did u go for the NZ offer after all? I'm a bit struggling here whether to leave the country as the process now can be really long and it's hard to accumulate relevant experience here.

[Guest landaleav]

hi landaleav, a belated congratulations on the granting of your PR!

 

Could you please provide a bit more explanation on that visit visa? That means if I leave the country and my bridging visa A status expired, I might be able to come back on visitor's visa for my applicaiton to be finalised? I've never heard about this before and might hav to check on that with someone professional.

 

Thnx for the info anyway. Did u go for the NZ offer after all? I'm a bit struggling here whether to leave the country as the process now can be really long and it's hard to accumulate relevant experience here.

 

Thanks! And what you understood is correct! However, it is better to confirm with someone professional. But remember, you have to be in the country within 28 days after there is a decision on your application. And don't forget to inform IMMI Dept about it.

 

And no, I didn't go to NZ as I am working here in Australia.