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No Bridging Visa B but travel anyway??? What the....
I do not know what is happening but perhaps there has been a rip in the space time continuum.
An unbelievable number of enquiries from both practitioners and individual applicants who seem infected by a virus which sees them lodge an application onshore, get a BVA but then travel and get stuck offshore.
One of my clients who had a complex and at that stage unresolved application for review, rang me on after Christmas and said, "They wont let me board my flight".
I said: "Where are you?"
She said:" St Petersburg"
I said: "Why are you in St Petersburg?"
She said: " I needed a break" ("WTF!!!) [I NEED A BREAK TOO!]
When I remonstrated with her she complained that I had not told her she could not travel.
With the benefit of hindsight she was perfectly correct. I had not told her and the only reason I had not told her that was because she had been referred to me by a colleague who was originally handling her spouse visa application. It had never occurred to me that she did not know.
Since then I have given advice to people on cruise ships and at almost every offshore location, each of them were blissfully unaware or did not care that they need to obtain a BVB in order to travel offshore and then return.
I have heard every excuse in the world as to why a person who holds a BVB does not return before their BVB expires (including a snow storm and bad roads in Syria); Notably a cruise ship is deemed not to have left Australia.
I think we need to advise our clients that if they decide to make an application in Australia they should remain here no matter what unless it is an absolute emergency.
Why?
- If you have an unresolved onshore application and you are offshore when the application is refused you may lose appeal rights.
- If you hold a BVA then don't travel unless you have a BVB
- Comply with the conditions of the BVB including returning on time (no excuses)
- If you hold a BVA and you are offshore how will you able to return if the overseas post says that you are not a genuine temporary entrant ( GTE)
- Don't place yourself at the mercy of an overseas post
- If you want to travel (contrary to advice) seek your BVB at least 6 weeks clear of the travel date.
- Wait for the outcome of that application for the BVB and don't travel in anticipation of an approval.
- Be aware the fact that the BVB application is online and by reason of that convenience the processing time is now weeks not days.
- Don't travel overseas unless you absolutely positively have no other choice.
- Stay here and dig in and be aware that no one at the airport is going to tell you that you need a BVB as you are leaving Australia.
- You cannot travel or get a BVB if you hold a BVC or worse...something to think about just in case you want to voluntarily cancel your visa!
Finally, my advice, TELL EVERYONE!
Comments
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Saturday, 03 August 2019Hi am in student sub(500) as my visa expires in 07/08/2019.so I have applied for post study work dub(485) temporary visa so I got my bridging visa A but I have applied for bridging visa B today morning in 02/08/2019.because the situation is very worst my dad has passed away today evening after my application so I called to immigration customer service team they said they will gonna transfer the file to Orange team was fast processing so how much they will take in this situation please respond thanks
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Sunday, 20 October 2019
I am on BV e subclass 050 and i wanna travel and come back to Australia is any possibility of getting BV b for me
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Saturday, 26 October 2019
What happens if you are on a bridging visa (for partnership visa) and you leave the country without a BVB? Can you reapply for a partnership visa again later or do the deny you then?
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Tuesday, 26 November 2019
Hi, I am a postgraduate student. Below is my query.
My current visa will expire on 30 Dec 2019.
I have applied for a visa extension on 31 October 2019
I have got my BVA (but it is still inactive and it will activate after 30 Dec 2019)
My travel plan is lo leave Austral 12 Dec 2019 and return by 4 Jan 2020.
I know I cannot enter Australia if I did not get my visa extension before 4 Jan 2020.
I know I can travel with BVB
How can I get my BVB before I leave Australia on 12 Dec 2019? That means how can I get my BVB activated before my BVA active?
Thanks -
Monday, 23 December 2019
Bridging A visa is activated when substantive visa expires, and to be granted bridging B visa, you have to hold bridging A or B. Meaning that your B visa can not be valid before you have bridging A. In addition you also have to be in Australia for your bridging visa to be activated.
So there is no travel for you -
Wednesday, 19 February 2020
I have a novel situation. My in-laws have bridging visa A. Due to the coronavirus situation, they are trapped in China and cannot enter Australia before their bridging visa b expires. Their BVB has since expired and we wonder if their BVA will be cancelled if they re-enter Australia on a tourist visa. Really in a blind.
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Thursday, 27 February 2020
Hello - I am really desperate & need advice. I currently hold a BVC with work rights, I have been in Oz over 10 years, my whole life is here but I have a very sick parent back home in UK.. is not there any possibility of getting approval to travel?? I do not want to leave & be stuck overseas yet I can’t sit here & possibly miss out seeing my father alive again
what can I do... -
Friday, 28 February 2020
Noreen, you need to write to the Department of Home Affairs and explain the situation with a filled out and complete Bridging Visa B form. Typically, you cannot go from a BVC to a BVB. However, never say never.
good luck. -
Wednesday, 04 March 2020
Hi Gen, thanks so much for your advise. I will definitely give it a go.
Thank you Noreen -
Sunday, 29 March 2020
Hi, corona virus help needed, I travelled back to the U.K. on a a BVB, at the final stages of my
New Contributory Parent (subclass 143) Had just lodged my AOS so visa imminent, my BVB ends on 27th May, I have tried to contact home affairs but no response, I am worried that my visa will now not be issued if I can’t re enter Australia before 27th May, I have seen on the home affairs website that a BVB can not be extended but hoping for some help and advice -
Monday, 30 March 2020
Angela send me an email Christopher@levingston.com.au
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Monday, 10 August 2020
I am undsr bridging visa class b 4 year ago im australia and i was rejected in ATT. My fiance is sydney snd we plan to marry. What should i do as if i want to come back to marry i need to apply travel visa?can i get visa again?if my boyfriend want to appy visa what procedure he need to follow up?
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Monday, 10 August 2020
Anne, If you have not previously applied for a spouse visa and been refused you can apply onshore even if you do not hold a substantive visa see criterion 820.211
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Sunday, 26 June 2022
I applied for bridging b visa and travelled to overseas on student visa. Now my bridging b visa got refused and student visa expired. So i'm stuck here at overseas. I would like to know, does this effect my 485 visa. Will i still be granted 485 offshore. I am looking for some guidance. Please let me know. Thank you.
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Saturday, 01 July 2023
Please help im a British Citizen. I have no children. My partner is a New Zealand citizen and he is about to apply for Australian citizenship. We normally reside on the Gold Coast. I have lived in Australia as a temporary resident for 12 years. I have now had 2 negligent migration agents and have now found myself in a real mess because of one of them.
I am writing with urgency to ask for some migration assistance or support in expediting pending visa applications to help me re-enter Australia as soon as possible.
I had a student visa 500 refused in march 2023 as i failed to pass the character test.
I unfortunately and embarrassingly have a listed conviction from 2018, I did not go to prison but received 18 months sentence and was asked to pay back restitution.I have paid back over half and have done lots of volunteer and community work since, had counselling and financial counselling. I had no previous convictions living in the UK for 26 years and have had no criminal history since 2018. That was my only offence.
In may 2023 i went to AAT and they affirmed the decision with the conclusion they felt i was a risk to the community and at risk of offending again and they had to consider the expectations of the Aus community.
I was s48 barred. I then had 35 days to lodge another visa so my partner and i who is a NZ citizen decided to lodge a 461 NZ relative visa. My current lawyer told me to go offshore to lodge and at the time had a BVA valid until 4th July 2023.
On 14 th june she lodged a BVB but it came back refused the night before i flew to NZ and she failed to tell me. By that time i was already on the plane.
I left on 20th June and i am currently stuck offshore and stranded in New Zealand where the purpose of my 3 day trip was to lodge a 461 NZ Relative Visa and I have been here since 20th June. Before leaving Australia on the 20th June I assumed I held a BVA and I had followed the right process and applied for a BVB to travel offshore to lodge a 461 New Zealand Relative Visa.
Unbeknown to myself and my Migration Lawyer Debbie Masih my BVA was cancelled so when we lodged the BVB on 14th June it was refused, as there was no BVA in place. The DOHA failed to notify me or my lawyer that my BVA was cancelled at any point.
I was not informed by DOHA or my lawyer in time that I did not hold a valid visa, I would not have got on the plane knowing that I would have had trouble returning 3 days later.
I was already by that point on the early flight to Auckland, New Zealand with a piece of hand luggage and 3 changes of clothes with my return flight booked for Thursday 22nd June.
When my Migration lawyer last did a VEVO check on my visa status on 1st June my BVA was valid until 4th July 2023.
Nobody told me i did not hold a valid travel visa to re-enter Australia 3 days later.
I am still in New Zealand and have made 3 applications to re-enter on a evisitor visa 3 times and all of which have been refused. And 1 visitor 600 visa also refused saying they didn't feel i was a genuine visitor even tho i was explaining i just want to come back to Aus to collect my possessions, finalise affairs before departing Australia and returning to the UK to await the outcome on the 461 visa.
At very least given the circumstances if i am required to depart Australia for the UK, it would be completely unreasonable and inhumane not to let me back into Australia to visit my partner Michael, collect my personal belongings that I have accumulated over the 12 years of living on the Gold Coast, tie up affairs with my employer, organise my 8 year old Dachshund pet dog, i have had since a puppy, sell my car which i hold the keys for on my person in NZ and prepare to depart Australia.
I am becoming increasingly desperate at this point, i have lived in Australia 12 years and all my possessions that I own are on the Gold Coast including some sentimental family items, important documents, my partner Michael, pet dog, my car and I'm also in a country I have never been to before where I don't know anyone here.
If i am required by the department to wait offshore for the processing of the 461 NZ relative visa i will abide by their rules, if i am allowed to re-enter to collect my things then i will not over stay or breach any of my visa conditions, but i at least require the opportunity to prepare for my departure from Australia to the UK and i have not been given that opportunity.
There has been no understanding or compassion given by DOHA under the stressful and compelling circumstances in which I have unexpectedly found myself in.
I am seeking a solution to this complex immigration matter as soon as possible as I am stuck in NZ with limited support and this is a matter of urgency. I am becoming extremely distressed and I believe I have very strong compassionate and compelling circumstances for this to be escalated to the relevant areas within DOHA.
Please let me know if you can help me.
Yours Sincerely
Rebecca
Immigration blog
Benjamin, check VEVO and find out what visa has been granted. If she holds an 820 then you will know for certain...the 820 should have travel rights.