# Applying for an 820 Partner Visa whilst on ETA - BVa and BVb confusion



## SmileyKezza (Apr 25, 2017)

Hi, I am new here and I am really thankful for this site. The whole Visa process is very confusing. This forum shows i'm not the only one with multiple questions about the processes! 

I will try to keep this short and simple. Thanking you in advance to anyone that can help / advise or give opinion. 

I am a British Citizen, 34 yo. I lived in Sydney, Australia March 15- March 17 on a WHV initially and then a 457 sponsored visa. I was on fixed term job contract with a University and due to funding cuts the contract was not renewed. I returned to England 23/3/17 to sort some errands / family issues and my 457 was cancelled when I left Australia. 

Whilst I was in Sydney I met my partner, he is an Australian Citizen from birth and we are both in the process of organising / collating evidence for a Partner Visa. 

We have: 
- Been together 15months, living together 9months. 
- Registered our relationship in NSW
- Have a shared bank account
- Each others next of kin(s) etc
- The same address ie my medicare / bank etc is registered at the same address. I also have a photocard ID showing the same address
- 6 x 888 forms / stat decs / police checks etc
- We are collating photos / screenshots / messages / proof of travel together etc. 

So I am (unfortunately) now back in the UK. 

3 days ago (2/5/17) I applied for an ETA and this was granted with NO (further stay or visa application conditions) restrictions. So in theory I am clear on that ground and could apply onshore. 

IF I travel back to Aus on my ETA and lodge an 820 app. 
- Do I have to stay in Aus for the three months until my ETA expires and the BV comes in to force? 
- What happens if I leave Aus before the three months and the BV kicks in? 
(I have a friends wedding in England I would like to be back for). 

Can I come over on an ETA, leave on the ETA. 
Come back on an ETA and stay. Thus knowing i'd have to wait 3 months before I can work but after that my BV comes in to force? 
Or is that not how it works? Will coming and going on the ETA void the BV? 

If I come over on an ETA and lodge it. Wait the three months until the BVa is in force how soon after that can I apply for a BVB?

Is a BVB a guarantee? Do they attend to approve them quite easily?! 

Sorry this may be me waffling. I am just finding it really confusing. 
Ideally I think I 'may' be better off doing an onshore application. 
Especially now the ETA has been approved. 
That way we can be together sooner. If I have to apply offshore (in England) the current processing times are 14months. I couldnt bear to go that long without seeing much of my partner. Yes I can go back and forth on an ETA but not being able to work over there makes multiple long distance trip financially problematic! 

Any help would be greatly appreciated! 

Many thanks in advance.


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## Ramah (Apr 25, 2017)

SmileyKezza said:


> Hi, I am new here and I am really thankful for this site. The whole Visa process is very confusing. This forum shows i'm not the only one with multiple questions about the processes!
> 
> I will try to keep this short and simple. Thanking you in advance to anyone that can help / advise or give opinion.
> 
> ...


Hope this helps!

Best of luck!


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## SmileyKezza (Apr 25, 2017)

Ramah said:


> Hope this helps!
> 
> Best of luck!


@Ramah. Thank you so much. This is really helpful. Yes my ETA has a validity of 12months.

Do you think i'm better off applying before 1st July when big changes may be happening in Australia re Visas? (Because the Aus Government seems to impose new rules on this every 1st July)??


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## Skybluebrewer (Jan 15, 2016)

You'd have to wait the 3 months for your ETA entry to expire. Your ETA has a one year date from time you apply but that's not an expiry date exactly... you can enter before that date and still have to wait the three months.

So you applied and were granted your ETA on 2/5/17 so it should be valid until 2/5/18. Say you enter Oz on 1/5/18, your ETA wouldn't expire on the 2nd. That 2/5/18 basically a do not enter after date, and you still get three months on your ETA in Oz. So if you entered on 1/5/18 and applied for an 820 then, the BVA still wouldn't kick in until three months.


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## Skybluebrewer (Jan 15, 2016)

SmileyKezza said:


> @Ramah. Thank you so much. This is really helpful. Yes my ETA has a validity of 12months.
> 
> Do you think i'm better off applying before 1st July when big changes may be happening in Australia re Visas? (Because the Aus Government seems to impose new rules on this every 1st July)??


Partner visas won't get any easier to get so no point in waiting. If anything, they are more likely to impose a price increase at that time.


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## SmileyKezza (Apr 25, 2017)

Skybluebrewer said:


> Partner visas won't get any easier to get so no point in waiting. If anything, they are more likely to impose a price increase at that time.


Yes, that's what i'm thinking!

I think i'm just trying to get my head around it all and not be unlawful but also not restrict myself.

Yes... I have a ETA. 12 months validity.

I'm thinking of doing this as a plan:

- Beginning of June 2017 (so in 4 weeks) - I travel to Australia
- By mid June lodge partner onshore partner Visa (before the 1st July government Visa changes) 
- August 2017 travel back to England for best friends wedding still on my ETA
- September 2017 travel back to Australia (on my ETA) 
- Stay in Aus the 3 months until my ETA expires (so poss BVA comes in to force December 2017) 
- Then from beginning of 2018 assuming all this goes to plan, in theory I will then be able to work in Australia on my BVA.

No further plans to return back to England after September 2017 nor any holidays planned (yet!) but if there is I will cross that bridge when I come to it and apply for a BVB.

Does this sound correct?!


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## LadyRogueRayne (Aug 17, 2015)

Yes, that does sound good. I would definitely apply for that 820 visa before July 1st, as they have been talking about a price increase.


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## Ramah (Apr 25, 2017)

SmileyKezza said:


> Yes, that's what i'm thinking!
> 
> I think i'm just trying to get my head around it all and not be unlawful but also not restrict myself.
> 
> ...


This sounds like a good plan


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## SmileyKezza (Apr 25, 2017)

Ramah said:


> This sounds like a good plan


Thank you Ramah


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## ksc2017 (May 6, 2017)

SmileyKezza said:


> Hi, I am new here and I am really thankful for this site. The whole Visa process is very confusing. This forum shows i'm not the only one with multiple questions about the processes!
> 
> I will try to keep this short and simple. Thanking you in advance to anyone that can help / advise or give opinion.
> 
> ...


I came here on an ETA as well. we applied for my 820 3 weeks after I got here and had my Bridging Visa A withing a week. Your Bridging Visa will automatically take effect when your ETA expires.

A couple weeks ago found out I have to make a trip back to the US and applied for my Bridging Visa B - there were no problems, had that within a week.


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## ksc2017 (May 6, 2017)

Ramah said:


> This sounds like a good plan


Just a note, my BVA came through a week after my application was submitted and takes affect once the ETA expires after 3 months.


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## Skybluebrewer (Jan 15, 2016)

ksc2017 said:


> Just a note, my BVA came through a week after my application was submitted and takes affect once the ETA expires after 3 months.


I got my BVA the same day I applied for my 820. Just shows that people should give themselves at least a couple of weeks before visa expiry just in case it takes longer to get the BVA, like in your case.


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## SmileyKezza (Apr 25, 2017)

ksc2017 said:


> I came here on an ETA as well. we applied for my 820 3 weeks after I got here and had my Bridging Visa A withing a week. Your Bridging Visa will automatically take effect when your ETA expires.
> 
> A couple weeks ago found out I have to make a trip back to the US and applied for my Bridging Visa B - there were no problems, had that within a week.


Thank you, that's really great to know. 
If I go over to Australia for only 10-14 days. Do you think that's long enough to apply for the 820 (If i've collated all of the necessary evidence in advance?) 
How do I submit my application for the 820? Can I do it in person?


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## MarcellusF (Nov 6, 2015)

SmileyKezza said:


> Thank you, that's really great to know.
> If I go over to Australia for only 10-14 days. Do you think that's long enough to apply for the 820 (If i've collated all of the necessary evidence in advance?)
> How do I submit my application for the 820? Can I do it in person?


Just do it online. It'll take you the morning. The slowest thing is to upload documents. Have everything you want to upload all scanned and labelled according to the DIBP stipulations.

Do a bare-bones application, and pay your fee online. You will get the BVA immediately. We got it instantly. Then you're good to go.

If you need to apply for a BVB apply for it a couple of weeks before you intend leaving Australia again.

This is all online, so if you do the right search for the things you want to know, you will have all the info you need.


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## SmileyKezza (Apr 25, 2017)

MarcellusF said:


> Just do it online. It'll take you the morning. The slowest thing is to upload documents. Have everything you want to upload all scanned and labelled according to the DIBP stipulations.
> 
> Do a bare-bones application, and pay your fee online. You will get the BVA immediately. We got it instantly. Then you're good to go.
> 
> ...


Yes, I've looked online, forums, phoned Australian High Commission in London and spoken to a couple of Migration Agents. I find its all very contradicting and that's what's confusing me! 
Appreciate your input re your situation. Regarding the BVA though... that's my problem. I don't want that to come through straight away. I want to have the flexibility of staying on my ETA for the couple of months proceeding the 820 app because I know I definitely need to return to England for my friends wedding a matter of weeks later and don't want to have to apply for a BVB to allow me to do that. It appears some people did get a BV straight away, some didn't. There is never a definite and so it's more of a gamble rather than certainty. Frustrating!


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## SmileyKezza (Apr 25, 2017)

Skybluebrewer said:


> I got my BVA the same day I applied for my 820. Just shows that people should give themselves at least a couple of weeks before visa expiry just in case it takes longer to get the BVA, like in your case.


Thank you for your response. I see some people do get their BVA instantly and some don't. In a way I would hope that mine doesn't but how can I guarantee that!... I would like to stay on my ETA because I know I need to return to England a matter of weeks after I apply for the 820 (for a wedding) and I can fly in an out on my ETA with ease... but if they put me on a BVA instantly then I think I need to apply for a BVB to enable me to leave the country and i'm not sure if that will be issued on time.

n.b this is all so rushed because I want to get the app in before the 1st July government immigration changes otherwise I could wait until after the wedding.


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## CollegeGirl (Nov 10, 2012)

Nearly everyone RECEIVES their BVA right away, but it doesn't matter - it doesn't ACTIVATE (kick in) until after your current stay on your ETA expires. That I'm positive of. The problem is I don't know what "current stay" means if you leave - I *think* what would happen is that you'd leave on your ETA, return for another stay on it, and your 3 month stay would start again and your BVA would kick in at the end of it - but I'm just not positive. You'd need Mark Northam or CCMS or Westley Russell (the agents on this forum) to confirm for sure.


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## Skybluebrewer (Jan 15, 2016)

Like CollegeGirl said, it is given straight away but does not go into effect until the current visa expires. 

As for leaving and entering on an ETA, I have yet to read a definitive answer on this forum for that question. Of course, you could leave amd come back on it but in my mind there is always the risk of not getting back in the country and technically, you aren't supposed to use the ETA for that purpose (partner visa, and they'll see you have applied for an onshore and are entering on an ETA to stay) even though you can... and who knows what they'll do if they see you entering on a tourist visa knowing you will stay on it until your BVA kicks in because you have an onshore partner visa.

Personally, I wouldn't risk it and I'd either apply now and apply for a BVB or wait to apply until after re-entering on the ETA.


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## SmileyKezza (Apr 25, 2017)

CollegeGirl said:


> Nearly everyone RECEIVES their BVA right away, but it doesn't matter - it doesn't ACTIVATE (kick in) until after your current stay on your ETA expires. That I'm positive of. The problem is I don't know what "current stay" means if you leave - I *think* what would happen is that you'd leave on your ETA, return for another stay on it, and your 3 month stay would start again and your BVA would kick in at the end of it - but I'm just not positive. You'd need Mark Northam or CCMS or Westley Russell (the agents on this forum) to confirm for sure.


Thanks @CollegeGirl I appreciate it. What you've said is what i'm hoping happens. Not sure what I do if it doesn't mind you!


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## Skybluebrewer (Jan 15, 2016)

Every time you enter on an ETA, it restarts the 3 month clock... even if you enter on the last day your ETA is valid, you'd still wait 3 months for the BVA to kick in.


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## SmileyKezza (Apr 25, 2017)

Skybluebrewer said:


> Like CollegeGirl said, it is given straight away but does not go into effect until the current visa expires.
> 
> As for leaving and entering on an ETA, I have yet to read a definitive answer on this forum for that question. Of course, you could leave amd come back on it but in my mind there is always the risk of not getting back in the country and technically, you aren't supposed to use the ETA for that purpose (partner visa, and they'll see you have applied for an onshore and are entering on an ETA to stay) even though you can... and who knows what they'll do if they see you entering on a tourist visa knowing you will stay on it until your BVA kicks in because you have an onshore partner visa.
> 
> Personally, I wouldn't risk it and I'd either apply now and apply for a BVB or wait to apply until after re-entering on the ETA.


Thanks @Skybluebrewer .. Yes I know. It's such a gamble  I want to apply before 1st July though (before the Aus governments implements new regs and increased prices) and would prefer to do it onshore due to BV and other positive outcomes (ie working on the Bridging Visa). I just hope they let me back in the country again on my return.


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## ksc2017 (May 6, 2017)

More than enough time. Did mine in two days and it's done on line. Just upload all the info they want, pay the fee and it's done.


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## SmileyKezza (Apr 25, 2017)

ksc2017 said:


> More than enough time. Did mine in two days and it's done on line. Just upload all the info they want, pay the fee and it's done.


Great, thank you @ksc2017


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## mike2107 (Jun 1, 2017)

*Transfer from ETA to BVA whilst not in Australia?*

Hi guys,

Seems this is the appropriate thread to get your thoughts on my partner's similar situation to SmileyKezza.

She is from the USA and currently in Australia on the ETA Visa. Her 3 months is up Aug 5 where she then wants to transfer to the BVA (go on the Partner Visa together with myself). The complexity she needs to leave July 26 for a wedding. I have received advice that if we apply for the Partnership Visa now then once approved apply for a BVB (say start of July in order to travel overseas). If she leaves July 26 and does not plan to return to Australia until August 15, will she then be able to enter on the BVA (rather than the ETA)?

The reason this is important to us is she wants to start working ASAP, however, she is worried that if she leaves the country prior to ETA expiring then when she will need to come back on her ETA, therefore the 3 months restarts and she won't be able to work (go onto BVA) for another 3 months (November 2017).

We are receiving conflicting information, hoping someone can clarify if they have had similar advice that the BVB can come into effect (after ETA expires) even if you are not physically in Australia at the time the ETA expires (provided the BVB was approved and processed prior to leaving Australia).

Cheers. Mike.


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## secrossley (Dec 31, 2017)

SmileyKezza said:


> Hi, I am new here and I am really thankful for this site. The whole Visa process is very confusing. This forum shows i'm not the only one with multiple questions about the processes!
> 
> I will try to keep this short and simple. Thanking you in advance to anyone that can help / advise or give opinion.
> 
> ...


Hi SmileyKezza, just wondering if your planned worked out where you got the bridging visa on the ETA even though the 12-month period hadn't completed? I am in the same situation where I am here on an ETA that is valid through end of 2018 but I want to apply for a partner visa now before my 3-month stay is up. I wanted to make sure the bridging visa will go into effect after this 3-month period and not after the 12-month period. Thanks and hope all goes well with your partner visa!


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## secrossley (Dec 31, 2017)

ksc2017 said:


> I came here on an ETA as well. we applied for my 820 3 weeks after I got here and had my Bridging Visa A withing a week. Your Bridging Visa will automatically take effect when your ETA expires.
> 
> A couple weeks ago found out I have to make a trip back to the US and applied for my Bridging Visa B - there were no problems, had that within a week.


Hi KSC, I saw that you got the bridging visa no problem, but I wanted to check to make sure that it actually did take effect at the end of your 3-month stay on the ETA and you didn't have to wait until the end of the 12-month period of the ETA. I'm in the same situation, so I want to make sure when the bridging visa will be valid. Thanks!


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