Bridging visa predicament

Feelgood

Hey guys,

I currently have a 457 which expires on May 10th. I have just put through an application for ENS 186 tonight. I got email notification from immi saying
that I now have a bridging visa, though the bridging visa will cease if I leave Australia.

I have a flight booked back to Ireland for May 21st for a short holiday, which I presume means I will lose my bridging visa status.

Any ideas what I can do here?. Cheers.

mandrake04

You already have BVA?

If so apply for BVB

https://www.immi.gov.au/Visas/Pages/020.aspx

pete4130

As Mandrake said, apply for the bridging visa B if you plan on leaving the country. When you reenter you bridging visa A kicks in again.

Feelgood

Thanks for the info chaps, exactly what I was after.

In typical Australian style it is $140 for a BVB. Nothing cheap around these parts.

NiallSORo

pete4130 wrote: »

As Mandrake said, apply for the bridging visa B if you plan on leaving the country. When you reenter you bridging visa A kicks in again.

Actually, you remain on the BVB when you return.

Feelgood - it is cleaner if you wait until your BVA is active (11 May) before obtaining the BVB.

Niall O'Rourke

MARN1277929

Feelgood

Thanks Niall, but that is cutting it a bit fine. I leave for Ireland on May 21st.

Immi recommend applying for a BVB 2 weeks before you intend on leaving the country.

NiallSORo

Feelgood wrote: »

Thanks Niall, but that is cutting it a bit fine. I leave for Ireland on May 21st.

Immi recommend applying for a BVB 2 weeks before you intend on leaving the country.

Up to you Feelgood. Online processing time is 1-3 days normally. Or you can get a BVB granted on the spot if applied for in person at a DIBP office.

Mellor

Feelgood wrote: »

Thanks Niall, but that is cutting it a bit fine. I leave for Ireland on May 21st.

Immi recommend applying for a BVB 2 weeks before you intend on leaving the country.

Go into the Immi office on Lee street and do it in person. Worth it for speed and peace of mind.

NiallSORo wrote: »

Feelgood - it is cleaner if you wait until your BVA is active (11 May) before obtaining the BVB.

Niall O'Rourke

MARN1277929

The BVA is granted from the day he applies. Right now he isn't on a 457.
To apply for a BVB you have to be on a BVA or BVB

mandrake04

Mellor wrote: »

The BVA is granted from the day he applies. Right now he isn't on a 457.
To apply for a BVB you have to be on a BVA or BVB

I thought you were granted a BV when you apply but it only kicks in when your current substantive visa ends, obviously the dept of immigration is wrong. I feel kinda stupid now believing them.

Feelgood

Mellor wrote: »

Go into the Immi office on Lee street and do it in person. Worth it for speed and peace of mind.

Cheers for the heads up, yeah I will definitely do it in person.

mandrake04 wrote: »

I thought you were granted a BV when you apply but it only kicks in when your current substantive visa ends, obviously the dept of immigration is wrong. I feel kinda stupid now believing them.

I had the same impression, but Mellor is right. I was granted a BVA around 2 days after I submitted the 186 application.

Mellor

mandrake04 wrote: »

I thought you were granted a BV when you apply but it only kicks in when your current substantive visa ends, obviously the dept of immigration is wrong. I feel kinda stupid now believing them.

Where did I say anything about immi being wrong?

When it "kicks in" isn't important in relation to changing to a BVB. Right now he has been granted a BVA, he'll have the grant notice attached to the acknowledgement of valid application. You can apply for a BVB once the BVA is granted, but not before. I see no reason to wait. If it's convent to apply now, why not?

Travel overseas
This bridging visa only allows you to remain in Australia. When you leave Australia, your bridging visa will cease, even if you hold another type of visa that does allow you to leave and return to Australia.
As you are a holder of valid Temporary Work (Skilled) visa that allows you to leave and return to Australia, the department recommends that you either:
●
●
apply for and be granted a Bridging visa B (which you can only do if you already hold a Bridging visa A or a Bridging visa before you travel or
apply for another Bridging visa A as soon as you return to Australia

mandrake04

Mellor wrote: »

Where did I say anything about immi being wrong?

When it "kicks in" isn't important in relation to changing to a BVB. Right now he has been granted a BVA, he'll have the grant notice attached to the acknowledgement of valid application. You can apply for a BVB once the BVA is granted, but not before. I see no reason to wait. If it's convent to apply now, why not?

Sorry I thought you said

Mellor wrote: »

The BVA is granted from the day he applies. Right now he isn't on a 457.

What do you mean that he isn't on a 457? that the 457 has been cancelled and replaced by a bridging visa? it was my understanding that even though the bridging visa is granted it only comes into effect when the current substantive visa ceases.

When does a bridging visa give lawful status?

A bridging visa comes into effect when it is granted, unless you hold a substantive visa in which case it comes into effect when that visa ceases.
A bridging visa granted to keep a non-citizen lawful while a substantive visa application is being considered

https://www.immi.gov.au/allforms/pdf/1024i.pdf


My understanding of bridging visas was like Niall mentioned above that the substantive visa (457) ceases on 10th May and the bridging visa comes into effect 11th.

Obviously immigration 1024i is wrong and I stand corrected. I do apologise.

NiallSORo

Mellor wrote: »

Right now he isn't on a 457.

This is incorrect.

He has 2 visas now - the 457 (substantive) and the BVA (not substantive). Despite being "granted" the BVA is currently inactive. It will be active from the 11th May until his 186 is decided. if obtained, a BVB will replace this and have the same validity.

Feelgood

NiallSORo wrote: »

This is incorrect.

He has 2 visas now - the 457 (substantive) and the BVA (not substantive). Despite being "granted" the BVA is currently inactive. It will be active from the 11th May until his 186 is decided. if obtained, a BVB will replace this and have the same validity.

Yes, it seems this info and mandrake are correct.
It says it in the fine print.

About your bridging visa
This bridging visa is not in effect because your Temporary Business Entry visa is currently in effect.

Mellor

mandrake04 wrote: »

What do you mean that he isn't on a 457? that the 457 has been cancelled and replaced by a bridging visa? it was my understanding that even though the bridging visa is granted it only comes into effect when the current substantive visa ceases.

You're right. The 457 is still in effect. So I shouldn't of said that part.
But I stand by the rest. The OP can apply for the BVB now.

My understanding of bridging visas was like Niall mentioned above that the substantive visa (457) ceases on 10th May and the bridging visa comes into effect 11th.

Obviously immigration 1024i is wrong and I stand corrected. I do apologise.

You don't need to wait until the BVA is in effect to apply for a BVB. the first BV has to be granted, but that's it.
There's no benefit that I can see to waiting for it to be in effect - what am I overlooking?
If the OP had time on his side, then sure why not, PR might be through before then. But in the OPs case he only has 7 working days between 457 cease and travel date. Why bother?

mandrake04

Mellor wrote: »

But I stand by the rest. The OP can apply for the BVB now.

Did I not basically say that in post #2? I think I did!!! really the OPs question was already answered long before you started making up your own rules.

AngryHippie

NiallSORo

Mellor wrote: »

There's no benefit that I can see to waiting for it to be in effect - what am I overlooking?

1. Departmental stuff-ups
2. Departmental stuff-ups
3. Departmental stuff-ups
........

Mellor wrote: »

But in the OPs case he only has 7 working days between 457 cease and travel date. Why bother?

Not sure why this is now the big issue but as mentioned this can be obtained on the spot. Feelgood could feasibly pop in to Lee St on his way to the airport to get the BVB if he fancied living on the edge...

mandrake04

NiallSORo wrote: »

Not sure why this is now the big issue

Good old idiotic back-pedalling, worth a good laugh all the same.