Partner Visa (onshore application) question

PedalPusher · August 2020

Hello po,

Magtatanong lang po sana about Bridging Visa while waiting for Partner Visa. Sa case ko, papupuntahin ko ang fiance ko dito this year tapos mageexpire ang tourist visa niya next year. Bago mangyari yun ay sana nakapagfile na kami ng Onshore Partner Visa.

When po magsstart ang validity ng Bridging Visa? Papaano po ba ang application nito, pagkafile ng Onshore Partner Visa po ba? Or hindi na kailangan iapply then ibibigay nalang automatically after filing ng Partner Visa?

Thank you po sa sasagot.

cucci · August 2020

Assuming "No further stay" condition on Tourist visa, the bridging visa comes into effect when your current Substantive visa expires.

https://immi.homeaffairs.gov.au/visas/getting-a-visa/moving-between-visas#:~:text=The bridging visa comes into,your bridging visa into effect.

Remain lawful on a bridging visa
If you apply for a new visa before your current Substantive visa expires we will usually grant you a Bridging visa A (BVA) or alternative bridging visa.

In most cases you apply for the bridging visa automatically as part of applying for a visa.

Your bridging visa lets you stay in Australia when:

your current Substantive visa expires, and

we have not made a decision on your new visa application
The bridging visa comes into effect when your current Substantive visa expires. You need to comply with the conditions of your current visa until the bridging visa comes into effect.

Cancelling your current visa will not bring your bridging visa into effect. This will cancel your bridging visa and you will be in Australia unlawfully.

PedalPusher · August 2020

@cucci said:
Assuming "No further stay" condition on Tourist visa, the bridging visa comes into effect when your current Substantive visa expires.

https://immi.homeaffairs.gov.au/visas/getting-a-visa/moving-between-visas#:~:text=The bridging visa comes into,your bridging visa into effect.

Remain lawful on a bridging visa
If you apply for a new visa before your current Substantive visa expires we will usually grant you a Bridging visa A (BVA) or alternative bridging visa.

In most cases you apply for the bridging visa automatically as part of applying for a visa.

Your bridging visa lets you stay in Australia when:

your current Substantive visa expires, and

we have not made a decision on your new visa application
The bridging visa comes into effect when your current Substantive visa expires. You need to comply with the conditions of your current visa until the bridging visa comes into effect.

Cancelling your current visa will not bring your bridging visa into effect. This will cancel your bridging visa and you will be in Australia unlawfully.

Ok. I understand that part.. but in our case, when po magsstart ang validity ng bridging visa? 3mos after po ba nya mag entry since multiple entry tourist visa sya with 3mos stay or pag nag expire na ang visa nya next year?
If it’s the latter, does it mean need padin po ba nya lumabas ulit ng AU to follow the tourist visa conditions na 3mos stay lang per visit?

Salamat po.

cucci · August 2020

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820#HowTo
Travel
You can travel outside Australia and return if your current visa lets you.

However, you should tell us that you will travel or are travelling. This is because you must be in Australia when we decide your temporary visa application.

If you leave Australia, make sure you have a valid visa to return.

One of the requirements is that "Your partner needs to be Au when the application is to be decided" so as I understand it, should your partner stay beyond the visitor visa max stay of 90 days, the BVA would take effect. However, if exiting before the max stay, the visitor visa is still in effect.

I am not sure though if the remaining validity of the visitor visa is still counted once the BVA takes effect. Perhaps need to apply for a BV with travel facilities to be able to exit and reenter Au before the decision on the partner visa is handed down should there be a need to do so.

Perhaps there are others who have the same situation and experience.