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?

  1. If you have an unresolved onshore application and you are offshore when the application is refused you may lose appeal rights.
  2. If you hold a BVA then don't travel unless you have a BVB
  3. Comply with the conditions of the BVB including returning on time (no excuses)
  4. 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)
  5. Don't place yourself at the mercy of an overseas post
  6. If you want to travel (contrary to advice) seek your BVB at least 6 weeks clear of the travel date.
  7. Wait for the outcome of that application for the BVB and don't travel in anticipation of an approval.
  8. Be aware the fact that the BVB application is online and by reason of that convenience the processing time  is now weeks not days.
  9. Don't travel overseas unless you absolutely positively have no other choice.
  10. 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.
  11. 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!