# Return ticket required?



## suparik (Nov 29, 2013)

I am an Australian citizen, I recently married my long standing Thai girlfriend here in Thailand then applied and she was granted a 12 month multi entry visa for Australia. My question is.. Does she need to buy a return ticket to Australia when we visit in the New Year? It is our intention to apply for permanent visa after we have settled and thus the need for a return ticket in our case is not required.

Thank you


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## CCMS (Oct 10, 2013)

If it is your girlfriend's "intention" to come to Australia on a visitor's visa and then to apply for another visa or permanent residency, she may have issues with the "genuine visitor" requirements and be refused entry to Australia. She may also have a "no further stay" condition on her visitor visa, which will prevent her from making any further visa applications while in Australia. I would definitely recommend that she has a return or onward ticket every time she travels to Australia on a visitor visa.I would also recommend that you thoroughly investigate the various pathways towards permanent residency first or seek some professional guidance.


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## suparik (Nov 29, 2013)

thanks for your reply, actually we are legally married


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## CCMS (Oct 10, 2013)

suparik said:


> thanks for your reply, actually we are legally married


I apologise; I should have noticed that, as you clearly stated it in your post.

However, being married does not give your wife any special privileges as far as immigration goes. Just make sure you are aware of all the correct procedures and potential issues.


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## suparik (Nov 29, 2013)

CCMS said:


> I apologise; I should have noticed that, as you clearly stated it in your post.
> 
> However, being married does not give your wife any special privileges as far as immigration goes. Just make sure you are aware of all the correct procedures and potential issues.


again thank you for your reply, I am also well aware that being married with regard to visa is very little difference..

I only wanted to know about the exit ticket as I cannot find anything about officially on the DIMA or (what ever they call themselves these days) web site.

Further her visa has no conditions other than no work etc etc but can be extended or changed if we want.


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## CCMS (Oct 10, 2013)

They call themselves DIBP nowadays. There is no legal requirement to have a return ticket. However, it is up to immigration at the airport to assess if your wife is a "genuine visitor". Arriving without a return or onward ticket and/or sufficient funds of her own could raise questions about her intentions.


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## Phanom (Mar 14, 2013)

If your wife has a visa already and comes with you to Australia there is no need for a return ticket, as the visa is already granted.

My wife (who is Thai) came out a few times without a return ticket, as we didn't have a fixed return date and never had any issues

There is a very very very small chance she may be questioned at entry into Australia about not having a return ticket, but highly unlikely if you are with her, and not enough really to deny entry on its own.

If she has a no further stay condition then nothing is stopping you from applying for a partner visa while in Australia and getting a bridging visa for her to stay until the partner visa decision is made.

Also if coming with you, have her go through the Australian Passport holders queue with you.


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## Mish (Jan 13, 2013)

I would get a return ticket to be on the safe side. It does not matter if the tourist visa has been approved or not for your wife. If they believe that your wife is not a genuine tourist they can cancel her tourist visa and she will be on the next plane home. Watch border security ... it feels like they are cancelling tourist visa's almost every episode.

Immigration may even question you or your wife to why you have not applied for a partner visa. If they suspect that you are going to apply for one onshore, therefore not being a genuine tourist, they can cancel your wife's visa.


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## suparik (Nov 29, 2013)

A really BIG thank you to the members that have replied, as you all know this whilst seeming easy has some very grey areas perhaps I should have put extra info in the original post.
I really just didn't want to bore everyone with all the details and sound like a complete knob, having said that I can already see that this forum is very unlike what I am use to
( thaivisa ) where the info is mostly distorted and the vitriol/misinformation is quite amazing.
I will try to make this short..

We met during a business trip 5 years ago, we dated after a year, she has 2 degrees and an MBA, until we married in November 2013 she was a manager at an international company, she has had 2 previous 12 month multi entry Aust visas, the first having restrictions the other two no restrictions except the NON work thing. I have lived in Thailand with her for 4 years, she worked and I retired ( 45 ) she funded her way as I did mine, her work was stressful so I suggested she stopped and I would support her.
Our plans were to come to Australia and we would travel, see how she liked it and if she did then apply for temp/perm visa. I must admit when assisting her in filling out the tourist ap I did spare a thought with regard to was this purely a tourist application as I know that it must be, I was also confused how people must sometimes get a tourist visa then change for a spouse visa as I also know they can be applied for both off and onshore albeit quite more expensive doing in Australia ( perhaps someone can explain why as I cannot understand that part either ) anyway when we applied for her tourist visa we really thought we would just go to travel for awhile but since sitting down thinking about things it seems that it would be good long term if she could get residency, we also plan to have a child early next year and I would prefer the birth to be in Australia if possible..
Whilst I do not need to work I am rather bored here and I would like to work again in Australia..

So.... we have 2 options the way I see it.

Apply here in Thailand ( cheaper but have to wait not sure how long )

Apply in Australia get a bridging visa then hopefully the other two later...

I know she cannot work whilst on tourist and bridging but I believe she can work and thus also have Medicare once she is granted the Temp visa ( please correct me if wrong )

I do not want to do anything illegally and perhaps make her life difficult in the future, she is my wife and deserves to be secure in life..

If anyone has got this far, I thank you for the time you have spent reading this..

Happy New Year to All...


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## CCMS (Oct 10, 2013)

I believe onshore applications are more expensive in order to encourage people to apply offshore rather than in Australia.

I think it is a good idea for your partner to come to Australia on a tourist visa to spend some time here, see how she likes it, meet your family and friends, etc. This is a totally legitimate use of a tourist visa. 

It is also totally legitimate for her to apply for a spouse visa if she is in Australia on a valid visa without a "no further stay condition". 

You don't apply for a bridging visa seperately. You apply for it (automatically) when you apply for an onshore partner visa. Your wife would be eligible for Medicare and (normally) have full work rights once her tourist visa expires and the bridging visa comes into effect. 

An offshore application can take anywhere between 6 and 12 months. I suggest you make that initial trip to Australia with your wife first to check things out and go from there. 

Hope this clears things up ?


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## Phanom (Mar 14, 2013)

CCMS has posted some very good information for you to consider, also be aware if you apply for a partner visa off shore, you have to be off shore for the decision to be made.

Also the cost isn't that much different for on-shore compared to off-shore.


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## suparik (Nov 29, 2013)

Again Nick I very big thank you...

My wife has met family and friends both in Australia and also here in Bangkok, all my sisters and parents have travelled here over the past few years, they all think she is wonderful as I do...
When we have been over in Australia ( 3 times ) its just been for 10 days at a time and of course thats not nearly enough to really experience anywhere.
As they say you can the woman from Thailand but never take Thailand from the girl..
( not that I ever wish to change/westernise her )
Great info with regard to the bridging part as I knew the temp/perm partner was a single app but I assumed there was a separate lodgement for bridging..BIG thanks..

So... Hypothetically..

If we were to arrive there with no forward ticket for her "should" be ok?
If we decided to then change from tourist to spouse visa it would be fill in the paperwork for the temp/perm visa and head to Immigration, there they would view the documents and lodge, at that point they would change her tourist visa to a bridging type whilst she waited for approval of the temp/perm visa?
How long would be normal for someone to be on bridging visa? I know on this visa she cannot work or have medicare. Once granted temp part of visa am I correct in saying that she could then work have medicare whilst she waited for the perm part? I think this is what you said above but Im just trying to be sure..

Again thanks again, you and the guys info has been very helpful


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## GBP (Jun 1, 2013)

Your wife BV A will only comes into effect after the recent tourist visa expired. 

BV A now comes with full working rights. 

The current onshore processing time is up to 18 months, especially for those from high risk countries. 

Once your wife have lodged the partner visa application, she is eligible for Medicare.


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## suparik (Nov 29, 2013)

now I am confused....

Please correct me if I am wrong ..

You say my wife's BV A ( is that bridging visa ?) comes into effect AFTER tourist visa expires???

My wife has a one year multi entry, are you saying that the BV A comes into effect after that 12 months?


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## GBP (Jun 1, 2013)

Most likely. Someone else please confirm this is correct.


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## Maggie-May24 (Jul 24, 2011)

Yes, the BVA would come into effect after the existing visa (tourist) expires. If, by any chance, your partner visa were approved before the tourist visa expires, then the BVA would never come into effect, and she'd simply go straight from the tourist visa to the partner visa.


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## CollegeGirl (Nov 10, 2012)

It's my understanding that if one is in Oz on a tourist visa that allows only three-month stays at one time (but is good for a year), the BVA kicks in after the end of the current three-month stay.


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## GBP (Jun 1, 2013)

Is there a different between an ETA and a tourist vise? 

What CG just said is correct for an ETA, not sure about a tourist visa though.


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## Phanom (Mar 14, 2013)

It sounds like your wife has a 12mth multi-entry visa which means she can stay for up to 3mths at a time before having to depart. She may have been granted a longer visa but you would have to check, visa's over 6mths from Thailand normally require a medical before granting.

If it is the 3mth multi entry one then she would go on the bridging one after the 3mths, and should be able to work and get medicare.

I had a friend whose dad was on a bridging visa for over 2 years.

But she would only be on the bridging visa until the partner visa (temporary) was approved. Offshore times for Thailand at the moment talking to others that have been though it for a straight forward application seem to be in the 4-6mth range, although the quoted official time frame is 12-18mths. I have no knowledge of the on-shore wait times for Thai partners


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## CollegeGirl (Nov 10, 2012)

GBP said:


> Is there a different between an ETA and a tourist vise?
> 
> What CG just said is correct for an ETA, not sure about a tourist visa though.


They seem to mostly be approving one-year tourist visas with max stays of three months these days. My understanding is that the BVA works the same way with these as it does for the ETA. Hopefully someone will correct me if they know differently.


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## Maggie-May24 (Jul 24, 2011)

CollegeGirl said:


> It's my understanding that if one is in Oz on a tourist visa that allows only three-month stays at one time (but is good for a year), the BVA kicks in after the end of the current three-month stay.


Oh, didn't know this. I assume the DIBP system must somehow recognise that the visa holder leaves the country and then when they return the BVA kicks in?


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## leopard blue (Dec 12, 2013)

Hi GBP is it true tht after lodging the temporary partner visa the prtner is already entitled to get a medicare in australia even theres no decision yet??or do we need to wait for the granting decision first?


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## CCMS (Oct 10, 2013)

suparik said:


> Again Nick I very big thank you...
> 
> So... Hypothetically..
> 
> ...


I recommend that your wife has a return or onward ticket regardless. You may be able to cancel it and get a refund if your plans change after arrival in Australia. I would definitely not recommend that she arrives in Australia on a one way ticket.

If she were to lodge an application in Australia you would not head for Immigration. You lodge by mail, courier or online. They will only check that a valid application has been lodged and they will grant a Bridging Visa A. Then you will hear nothing for a long time. It's all quite impersonal and not a matter of handing over the paperwork and having someone go through it.

Your wife can apply for Medicare once the application has been acknowledged.

The Bridging Visa A associated with an onshore partner visa usually has full work rights nowadays.

The Bridging Visa A will not come into effect until the visa your wife is holding when she applied for the partner visa expires.

In the case of a multiple entry tourist visa with 3 months stays, the Bridging Visa would come into effect when the 3 month period is up and she has not left Australia.The Tourist Visa would then be superseded by the Bridging Visa.

If you're unsure about any of this, do yourself a favour and seek professional advice. Refusals are expensive and very stressful.


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## missmontie (Feb 24, 2013)

leopard blue said:


> Hi GBP is it true tht after lodging the temporary partner visa the prtner is already entitled to get a medicare in australia even theres no decision yet??or do we need to wait for the granting decision first?


Hi leopard blue, I think this is true yes, if you have lodged onshore - can someone else confirm this?

Sent from my iPhone using Australia Forum app


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## CCMS (Oct 10, 2013)

missmontie said:


> Hi leopard blue, I think this is true yes, if you have lodged onshore - can someone else confirm this?
> 
> Sent from my iPhone using Australia Forum app


Yes, see my previous post.


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## missmontie (Feb 24, 2013)

CCMS said:


> Yes, see my previous post.


Sorry - I got distracted watching something about the great australian bight - some beautiful scenes! Pressed send after you posted 

Sent from my iPhone using Australia Forum app


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## chicken999 (May 2, 2013)

Why don't u apply offshore then apply for tourist visa?


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## suparik (Nov 29, 2013)

Agin thanks to all for your replies..

Just to clarify things...

My wife has been granted ( same as last time ) a 12 month multi entry visa, and yes she can only stay maximum of 90 days per entry.

What I know need to find out is IF and I say IF, we decided to change her visa status from Tourist to temp/perm, I am assuming the following, Hypothetically if we were in OZ say 60 days, we then got all the required documents done and presented these to Immigration she would then receive a BV that would take effect after the first 90 days of her tourist visa, she would also at that stage be able to work and therefore have access to Medicare? This of course is purely hypothetical as we cannot think this way on a tourist visa!!!


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## suparik (Nov 29, 2013)

chicken999 said:


> Why don't u apply offshore then apply for tourist visa?


She already has her tourist visa


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## Mish (Jan 13, 2013)

Yes that is correct. She would be put a BVA and if she wants to go overseas at any stage she has to apply for a BVB.

Once she gets the BVA it comes with full work rights and she will be able to work - though from what I read people have found it hard to get work on BVA's.

She can apply for Medicare as soon as she gets the acknowledgement letter from DIBP.


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## suparik (Nov 29, 2013)

Mish said:


> Yes that is correct. She would be put a BVA and if she wants to go overseas at any stage she has to apply for a BVB.
> 
> Once she gets the BVA it comes with full work rights and she will be able to work - though from what I read people have found it hard to get work on BVA's.
> 
> She can apply for Medicare as soon as she gets the acknowledgement letter from DIBP.


Thanks Mish,

Can I ask why people have a hard time trying to get work?


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## Mish (Jan 13, 2013)

Because of the uncertainty of the visa - they could have to leave the country at any time because they visa they apply for gets refused or appeal is unsuccessful.

Of course it depends on the type of work and the employer. If she is willing to do anything and go outside her field of skills I doubt she will have a problem.


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## suparik (Nov 29, 2013)

Mish said:


> Because of the uncertainty of the visa - they could have to leave the country at any time because they visa they apply for gets refused or appeal is unsuccessful.
> 
> Of course it depends on the type of work and the employer. If she is willing to do anything and go outside her field of skills I doubt she will have a problem.


Again thank you so much for your replies, I am learning so much...

To be quite honest she has no need to work in Australia, I was just wondering incase she wanted to have an outside interest....


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## Mish (Jan 13, 2013)

suparik said:


> Again thank you so much for your replies, I am learning so much...
> 
> To be quite honest she has no need to work in Australia, I was just wondering incase she wanted to have an outside interest....


It is a learning experience . I have learnt so much the last year lol. I could go and work for immigration


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## suparik (Nov 29, 2013)

Mish said:


> It is a learning experience . I have learnt so much the last year lol. I could go and work for immigration


Please don't go "work for the enemy" I'm sure your value is right in here where it is actually appreciated..


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## suparik (Nov 29, 2013)

My wife (Thai) and I have now been in Australia for nearly 2 months ( on holiday ) We have decided that Australia is the place for us to make our future and thus will be applying prior to her 90 day exit requirement ( she has a 12 month multi btw ).Her visa is Visitor ( class FA ) Visitor ( Subclass 600 ). I understand that she can apply for temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801).
We have all of the required documents completed.

My questions are as followed.

When we lodge the paperwork does she get a bridging visa whilst her application is being processed?
If so I notice there are quite a few..
Do we have to choose which BVA we get or is that the determination of DIBP?
So far as I can read the BVA can mean she is here for a period of time and cannot travel outside Australia unless she has the correct BVA..
Working on the basis that she gets a BVA, what is the timeframe until she gets the temporary Partner visa (subclass 820)?
At what stage is she allowed to be employed and thus have a TFN and medicare?

Thank you in advance for your input...


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## kangaroogirl (Aug 25, 2012)

Hi, 

Couple of points... 

You will get many more responses by creating a new thread with a relevant title of your own rather than posting on an old and unrelated thread. 

Secondly, you should check that her visa does not have a "no further stay" condition imposed on it, as the 600 visa sometimes does. This condition excludes you from applying for any other visa while you're in Australia.


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## CCMS (Oct 10, 2013)

First of all, can you confirm that your wife's tourist visa does not have condition 8503 (no further stay) on it ? If she has, she will not be able to apply for a partner visa onshore.

If she makes a valid application for a sc. 820/801 visa, she will be granted a BVA. Normally she would then have full work rights and can apply for medicare. The BVA (and the work rights) will come into effect when her tourist visa expires. In the case of a multiple entry tourist visa, that would be when the 3 month period is up.

Processing time seems to be over 12 months at the moment.

If she wants to travel outside Australia, she will have to apply for a Bridging Visa B, which will allow her to return to Australia as long as it is still valid.


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## suparik (Nov 29, 2013)

thank you kangaroogirl point taken with regard to new thread, please excuse me...

I have her visa print out in front of me...

The only conditions I can see are
8101 - No work
8201 Max 3 Months Study

Visa valid until November 26th 2014


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## kangaroogirl (Aug 25, 2012)

To answer your other questions... Presuming she doesn't have a no further stay condition, you can apply onshore and yes she will receive a Bridging Visa A. You do not get a choice.

Bridging Visa A comes with work rights but NO travel rights. If she needs to travel outside Australia during the processing period then she needs to apply for the Bridging Visa B for the period of her travel.

You need to provide evidence of a genuine relationship... Much more detail is available in the Partner Migration Booklet which you should study.

Here's a link to the partner migration booklet :

http://www.immi.gov.au/allforms/booklets/booklets.htm


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## kangaroogirl (Aug 25, 2012)

Oop I typed to slow


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## suparik (Nov 29, 2013)

Again thankyou kangaroogirl,

As stated in my thread we are married and meet all requirements for a spouse visa.

My concerns are at what point can she legally work ( as she wants to ) and what the time frame was to do this legally...I think CCMS has answered this question


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## kangaroogirl (Aug 25, 2012)

suparik said:


> Again thankyou kangaroogirl,
> 
> As stated in my thread we are married and meet all requirements for a spouse visa.
> 
> My concerns are at what point can she legally work ( as she wants to ) and what the time frame was to do this legally...I think CCMS has answered this question


Being married is not the only evidence required for the visa, I was just linking you to the document that will assist you to ensure you have all required evidence.

Sometimes people mistakenly believe that marriage alone fulfills the requirements for a partner visa


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## suparik (Nov 29, 2013)

Again I thank you for your comments, I would say that I am fully aware of the requirements with regard to the Spouse Visa, may only concerns are those that I have already posted which is not explained fully anyway on the Aust Gov website or in fact on the PDF form 47SP that i have read many times over. As I said she more than meets all requirements the Gov asks of her. I would like to actually where on the web site or the PDF where it actually states that she gets medicare/work rights after attaining her BVA as I can not find it ( thats why I asked in here ), I of course have a few other questions but I take on your advice and will start a new thread for those, again thank you for your imput and assistance, I really do appreciate the time you and others have given me...


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## kangaroogirl (Aug 25, 2012)

suparik said:


> Again I thank you for your comments, I would say that I am fully aware of the requirements with regard to the Spouse Visa, may only concerns are those that I have already posted which is not explained fully anyway on the Aust Gov website or in fact on the PDF form 47SP that i have read many times over. As I said she more than meets all requirements the Gov asks of her. I would like to actually where on the web site or the PDF where it actually states that she gets medicare/work rights after attaining her BVA as I can not find it ( thats why I asked in here ), I of course have a few other questions but I take on your advice and will start a new thread for those, again thank you for your imput and assistance, I really do appreciate the time you and others have given me...


You can find Medicare eligibility information on the Medicare website. Here:

http://www.humanservices.gov.au/cus...e/medicare-card/eligibility-for-medicare-card

The criteria you are looking for here is having applied for a permanent visa. You just show them the bridging visa letter you receive via email after submitting your application.

I can't find where it mentions work rights on the immi website but you can rest assured that work rights are included with BVA and many members here or their partners are on BVA and have the letters showing work rights.

Also regarding Medicare, there is a whole thread about this at the top of the Page called "Medicare and when you can apply"

If you prefer, you could simply contact immigration and ask them to clarify I guess. Not all information is listed on their website.


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## kangaroogirl (Aug 25, 2012)

Further thought on BVA. What I seem to remember being stated on this forum before is that a BVA will carry the same work rights as the visa you have applied for. So, seeing as 820 comes with work rights, the Bridging Visa A for 820 comes with work rights. Not ALL BVA come with work rights, but when applying for a partner visa 820 it does. 

Someone might like to confirm or correct this but that is my understanding of why the immi website doesn't state that "BVA comes with work rights", because it depends which visa you're applying for.


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## suparik (Nov 29, 2013)

You are quite correct in all you have said.....

My BAD for thinking everything a person needed to know would be in one simpley put area.....Of course there are multiple departments at play here and of course we must get important information from each thus allowing each Dept to justify their own existence...Welcome to Australia...


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## danegirl (Sep 15, 2013)

kangaroogirl said:


> Further thought on BVA. What I seem to remember being stated on this forum before is that a BVA will carry the same work rights as the visa you have applied for. So, seeing as 820 comes with work rights, the Bridging Visa A for 820 comes with work rights. Not ALL BVA come with work rights, but when applying for a partner visa 820 it does.
> 
> Someone might like to confirm or correct this but that is my understanding of why the immi website doesn't state that "BVA comes with work rights", because it depends which visa you're applying for.


You are close  a BVA generally comes with the same restrictions on your last substantive visa. i.e. if you were on a tourist visa and applied for some other visa that requires a BVA for processing, you won't be able to work because you can't work on a tourist visa.

However, since November 2012 this work restriction on BVA's received for 820/801 visas does not exist - any such BVA granted after applying for an onshore partner visa does not have any work restrictions, no matter your last substantive visa.

As far as I am aware, all other visa applications requiring a BVA still carry over the work restrictions from your last substantive visa - although open to clarification on this (haven't done much research in this area).


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## kangaroogirl (Aug 25, 2012)

danegirl said:


> You are close  a BVA generally comes with the same restrictions on your last substantive visa. i.e. if you were on a tourist visa and applied for some other visa that requires a BVA for processing, you won't be able to work because you can't work on a tourist visa.
> 
> However, since November 2012 this work restriction on BVA's received for 820/801 visas does not exist - any such BVA granted after applying for an onshore partner visa does not have any work restrictions, no matter your last substantive visa.
> 
> As far as I am aware, all other visa applications requiring a BVA still carry over the work restrictions from your last substantive visa - although open to clarification on this (haven't done much research in this area).


Ah yes, thanks Dane! I recall it more clearly now. Cheers!


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## suparik (Nov 29, 2013)

excellent that is how I read it also


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## CCMS (Oct 10, 2013)

danegirl said:


> You are close  a BVA generally comes with the same restrictions on your last substantive visa. i.e. if you were on a tourist visa and applied for some other visa that requires a BVA for processing, you won't be able to work because you can't work on a tourist visa.
> 
> However, since November 2012 this work restriction on BVA's received for 820/801 visas does not exist - any such BVA granted after applying for an onshore partner visa does not have any work restrictions, no matter your last substantive visa.
> 
> As far as I am aware, all other visa applications requiring a BVA still carry over the work restrictions from your last substantive visa - although open to clarification on this (haven't done much research in this area).


This is correct. The conditions of your existing visa are usually carried over to the BVA. The onshore partner visa is an exception to this rule.


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## suparik (Nov 29, 2013)

thanks Nick


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