# Cancelling Tourist Visa



## Kaddison (Jun 20, 2017)

Hi there everybody. Been lurking in here for a short while and have a question on my current situation

I met the best girl in the whole world a while ago but she is from Canada. I have been travelling there a lot and she here on a tourist visa. We are going to go down the track if lodging a 820 partner visa but have been told she needs to sit the first 90 days out so as to overstay her tourist visa first before a BVA & B will kick in

Is this right? Surely there must be a way to lodge the partner visa and have the BV sitting in the background and then request to cancel the tourist visa

Any advice you guys could offer would be greatly appreciated


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## tijanaoc (Mar 13, 2017)

Kaddison said:


> Hi there everybody. Been lurking in here for a short while and have a question on my current situation
> 
> I met the best girl in the whole world a while ago but she is from Canada. I have been travelling there a lot and she here on a tourist visa. We are going to go down the track if lodging a 820 partner visa but have been told she needs to sit the first 90 days out so as to overstay her tourist visa first before a BVA & B will kick in
> 
> ...


No way around that I'm afraid. If the substantive visa (e.g. Tourist visa) gets cancelled the bridging visa that is supposed to follow will also be cancelled. The BV kicks in when a substantive visa expires, not when it's cancelled.


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## syd (May 13, 2014)

To be clear, she must lodge partner BEFORE the end of her visitor visa to remain lawful. Assuming her visitor visa doesn't have 'no further stay ' condition, then she'll receive a bridging visa A that will sit in the background until visitor visa length of stay (in her case 90 days) runs out.

She cannot cancel visitor visa if she wishes to remain lawful.


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## CCMS (Oct 10, 2013)

Kaddison said:


> Hi there everybody. Been lurking in here for a short while and have a question on my current situation
> 
> I met the best girl in the whole world a while ago but she is from Canada. I have been travelling there a lot and she here on a tourist visa. We are going to go down the track if lodging a 820 partner visa but have been told she needs to sit the first 90 days out so as to overstay her tourist visa first before a BVA & B will kick in
> 
> ...


She won't be overstaying her tourist visa. She should lodge a partner visa before the 3 month stay period expires. The tourist visa will cease if she does not depart after 3 months and the bridging visa A (with full work rights) will come into effect. The best thing to do is to accept that she will need to wait out the 3 month period and to not complicate things. Canceling the tourist visa would be an extremely silly and counter-productive move.


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