# Applying 820 Defacto visa while on BVA



## Jane88 (Apr 29, 2013)

Hi everyone, i'm glad that i found this forums to share opinions while helping others too. It really does help a lot of people.

So today i was wondering if u guys can help me or give suggestions regarding my situations here.

I've been living in Sydney for almost 7 years now, i studied and successfully got my bachelors. Last year i applied my 485 visa (got BVA) and got rejected due to false timing on my IELTS result test. Then i applied for MRT on December 2012 I received an invitation of hearing this coming 13th of may 2013.

So now i found that i am qualified to apply 820 Defacto partner visa. Me and my partner have been together for 3 years now, we registered our relationship last year, been living together since 2012. I have documents ready here and still gathering for more. I called DIAC yesterday and asked regarding my situation, whether i can apply for 820 visa on shore under BVA while my case still with MRT. They said i can still lodge it onshore with the right documents. Then i'll get BVA from my 820 application and then they told me to notify the nearest IMMI office about my situations. They said i probably get BVA from my 820 successful but maybe with no work conditions.

So any of u guys have / had experiencing the same situations?

My question here:* "do u think i should lodge my 820 application first then withdraw my MRT case after i lodge my 820? or should i wait until the decisions from MRT being finalized?"
*
*I am from Indonesia and do u think i should wait for CO to tell me to under go my medical check or should i do it straight away along with my AFP and National Police clearance?*

Thanks everyone, i hope u can help me with this situation, a few suggestions and opinions will be much appreciated.


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## kttykat (Oct 30, 2012)

Jane88 said:


> Hi everyone, i'm glad that i found this forums to share opinions while helping others too. It really does help a lot of people.
> 
> So today i was wondering if u guys can help me or give suggestions regarding my situations here.
> 
> ...


That is odd, as I understand it, from November last year they started automatically issuing bridging visas without any work restrictions when applying for an 820. Perhaps you should chat with a migration agent about your case as they know the law regarding this.

Kttykat


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## ProblemChild (Mar 12, 2013)

Hi Kittykat

It is not odd. Since the poster has been on a BVA for more than 28 days, s/he is not qualified for another BVA even if s/he applies for a 820 visa. DIAC can only give the poster a BVC with no work right. If the poster wishes to work in Australia, s/he must apply for another BVC with a work right. My experience is that it is not difficult to get a BVC with a work right but it probably depends on the situation.

It should be noted that until s/he gets a work right, there is no right to enrol in the Medicare.


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## Jane88 (Apr 29, 2013)

*applying 820 from BVA*



ProblemChild said:


> Hi Kittykat
> 
> It is not odd. Since the poster has been on a BVA for more than 28 days, s/he is not qualified for another BVA even if s/he applies for a 820 visa. DIAC can only give the poster a BVC with no work right. If the poster wishes to work in Australia, s/he must apply for another BVC with a work right. My experience is that it is not difficult to get a BVC with a work right but it probably depends on the situation.
> 
> It should be noted that until s/he gets a work right, there is no right to enrol in the Medicare.


Hi ProblemChild,

First thanks for your reply much appreciated. This is seems to be a very odd suggestions given by the DIAC members, when i rang and asked they didn't mention about me having a BVC at all If i do apply for 820 from BVA. The said " What will happen is, u'll be granted a bridging visa A but with no work conditions" because my case still with MRT and waiting to be finalized.

Do you think that most likely i'll be grant a bridging visa C instead of A after i lodge my 820 application? because i am currently holding BVA more than 28 days (occurs because my 485 refusal and pending MRT).

Also my sister wedding will be on this coming October'13, i would probably wont be able to travel, if then i hold BVC. 
Do you think i can return to Australia with a ETA visa and wait for my 820 application to be further process?

Kindly appreciated if any of you guys can help me with this.  i am overly stress by this matter


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## Jane88 (Apr 29, 2013)

*also what are the chances of my 820 visa will be granted before october'13? thanks *


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## jmcd16 (Aug 5, 2012)

Haha. Not good.

What do you think your chances are with MRT? The 820 is going to cost like 4K. If I were you, I'd get it ready, but only apply if the MRT upholds the decision. You will of course need to look into the possibility of being granted another bridging visa without having to leave though... I don't know if they will immediately ask you to leave if it fails. Of course, you could then apply offshore for the partner visa, those tend to process faster and are slightly cheaper.

I could be wrong here, but I think you can just apply for a BVB (is that the one? Someone jump in here) which will let you travel for the wedding.


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## Jane88 (Apr 29, 2013)

*applying 820 from BVA*



jmcd16 said:


> Haha. Not good.
> 
> What do you think your chances are with MRT? The 820 is going to cost like 4K. If I were you, I'd get it ready, but only apply if the MRT upholds the decision. You will of course need to look into the possibility of being granted another bridging visa without having to leave though... I don't know if they will immediately ask you to leave if it fails. Of course, you could then apply offshore for the partner visa, those tend to process faster and are slightly cheaper.
> 
> I could be wrong here, but I think you can just apply for a BVB (is that the one? Someone jump in here) which will let you travel for the wedding.


Hi Jmcd16

Thanks for your reply 

My Chances of winning MRT is very low. Plus i got an invitation of hearing this coming 13th of May. Which i don't know whether should i attend or withdraw my case before the hearing after i apply for my 820.

I am aware that the cost of onshore 820 visa are highly charged. If i do have a valid application then it would probably be accepted. But then again i probably getting BVC. BVC conditions is "no travel - no work" unless if u apply for 1005 form - with a reason of financial hardship to remove your work restriction.

The thing i'm concern is the fact that i can not leave Australia while on BVC. U also cant apply for BVB from BVC as well. But then if i choose to depart (then my BVC will cease as soon as i depart). The only option for me is to re-apply with 1005 form, to gain my BVC back again from overseas.

When u said "only apply, if the MRT upholds the decisions", *what sort of factors that will make them to do so?*

Once again thank u for ur opinions 

If anyone also have/had been in this situation please leave your comments, will much be appreciated.


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## CollegeGirl (Nov 10, 2012)

Jane, I really think you need to get a migration agent's input on this. Your case is highly unusual for this forum and while we can all speculate on it, none of us is going to be able to tell you definitively what your best course of action is here. A lot of agents will provide free/low-cost initial consultations. Find a MARA-registered one (like Mark Northam on this forum) and contact them. You don't want to risk messing this up. Just my opinion.


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## jmcd16 (Aug 5, 2012)

I agree with College girl.


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## ProblemChild (Mar 12, 2013)

Jane88 said:


> Hi ProblemChild,
> 
> First thanks for your reply much appreciated. This is seems to be a very odd suggestions given by the DIAC members, when i rang and asked they didn't mention about me having a BVC at all If i do apply for 820 from BVA. The said " What will happen is, u'll be granted a bridging visa A but with no work conditions" because my case still with MRT and waiting to be finalized.
> 
> ...


Hi Jane88

I thought you were withdrawing the proceeding in the MRT. If you do not, then your BVA will not cease to have effect until 28th day (?) after the MRT's decision or until another visa is granted. I do not think that DIAC will grant you another BVA with 'No work' condition while you have a BVA with a work right. At least, that was the case with me.

Once your BVA ceases to have effect, a BVC will kick in in a normal course, I think. But there may be a case (which I am not aware) where another BVA is granted. It's better to check with a migration agent since DIAC's advice could be very unreliable.


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## ProblemChild (Mar 12, 2013)

Jane88 said:


> Hi Jmcd16
> 
> Thanks for your reply
> 
> ...


Oh, no. Invitation to appear means that the MRT is not happy with your application. Do you have anything to bring to the hearing with you? If you stuffed up your visa application with an IELTS result in the first place, it may help if you have a good result in hand to hand it up to the MRT.

If you do not attend the hearing, there is little doubt that the MRT will affirm the decision under review. It will happen probably very quickly. Your MRT application fee will not be refunded. Your BVA will cease to have effect within 28 days after the decision. You will probably get another Bridging Visa based on your application for a 820. But the Bridging Visa is likely to be with 'No work' condition and is unlikely to allow you to travel overseas. Although the 'No work' condition can be lifted and then you will be able to enrol yourself in the Medicare at the same time, traveling overseas is still likely to be a problem. The only good aspect of this option is that you become entitled to make a request to the Minister to intervene in your case and grant you a visa of a kind which you want. The Minister refuses to intervene in 90% cases so that you probably do not wish to make a request soon but it is worth keeping this option as a last resort.

If you attend the MRT hearing with some evidence in hand, the MRT might be persuaded and set aside the decision under review. If it happens, I think your MRT application fee will be refunded (unless there was a legislative change from the time I knew). Your BVA continues to have effect. You can apply for and be granted a BVB which allows you to travel overseas. When the matter is remitted back from the MRT to DIAC, DIAC may grant you a visa you applied for. Did you apply for a temporary visa for a graduate? If so, I think you will not have access to Medicare but you may not need it anyway. Even if you failed to persuade the MRT at the hearing, you will secure your eligibility to make a request to the Minister.

If you withdraw the MRT prior to the hearing, your MRT application fee will not be refunded. Your BVA will ceases to have effect within 28 days from the date of your withdrawal. You will not be entitled to make a Ministerial intervention request. You will probably get a BVC associated with your 820 application. But the BVC will not allow you to travel overseas and require you to apply for a work right if you wish to work.

If I were you, I will gather as much evidence as possible, turn up to the hearing with abundant evidence in hand and make a biiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiig speech at the MRT to persuade the MRT to grant me a visa or at worst, to make the situation most complicated and difficult for the MRT to write up a decision quickly.

But this is only what I think. I think you should take advice from someone who is qualified or has more experience and a better idea.


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## Jane88 (Apr 29, 2013)

*applying 820 from BVA*



ProblemChild said:


> Oh, no. Invitation to appear means that the MRT is not happy with your application. Do you have anything to bring to the hearing with you? If you stuffed up your visa application with an IELTS result in the first place, it may help if you have a good result in hand to hand it up to the MRT.
> 
> If you do not attend the hearing, there is little doubt that the MRT will affirm the decision under review. It will happen probably very quickly. Your MRT application fee will not be refunded. Your BVA will cease to have effect within 28 days after the decision. You will probably get another Bridging Visa based on your application for a 820. But the Bridging Visa is likely to be with 'No work' condition and is unlikely to allow you to travel overseas. Although the 'No work' condition can be lifted and then you will be able to enrol yourself in the Medicare at the same time, traveling overseas is still likely to be a problem. The only good aspect of this option is that you become entitled to make a request to the Minister to intervene in your case and grant you a visa of a kind which you want. The Minister refuses to intervene in 90% cases so that you probably do not wish to make a request soon but it is worth keeping this option as a last resort.
> 
> ...


First, thank you Problemchild for taken your time to reply.

The reason why my case is currently with MRT is because the IELTS timing of my application. At the time of the lodgement i did not have the competent score required. But then on, i took another test and succeeded even though the date of the test is after my application was made. I would probably present that Test result on my my hearing next week, even though my chance of winning MRT is very small. I would say probably its worth it to try and hand it in anyway.

*My question is does anyone know whether i can still apply for my 820 visa, say if i wish to lodge my 820 application after my hearing date (in the time between the MRT decisions is being processed )?. Or should i wait until they give me the decisions (apply when i given 28 days after my MRT decisions). Would that be too late?
*

Thanks guys, any opinions or suggestions will be appreciated or if u guys have/had ever experiencing the same situations?

God Bless You all


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## ProblemChild (Mar 12, 2013)

Jane88 said:


> First, thank you Problemchild for taken your time to reply.
> 
> The reason why my case is currently with MRT is because the IELTS timing of my application. At the time of the lodgement i did not have the competent score required. But then on, i took another test and succeeded even though the date of the test is after my application was made. I would probably present that Test result on my my hearing next week, even though my chance of winning MRT is very small. I would say probably its worth it to try and hand it in anyway.


Was an IELTS score the requirement when applying for a visa rather than the requirement when a DIAC's decision is made??? I am not sure but I thought a competent IELTS score is something you need when DIAC makes a decision. I need to check the Regulations to be sure though. If that is the case, as soon as you submit the satisfactory IELTS score to the MRT, the MRT may even cancel the hearing and makes a decision setting aside the DIAC's decision. Why have not you submitted the IELTS score to the MRT yet?


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## Jane88 (Apr 29, 2013)

ProblemChild said:


> Was an IELTS score the requirement when applying for a visa rather than the requirement when a DIAC's decision is made??? I am not sure but I thought a competent IELTS score is something you need when DIAC makes a decision. I need to check the Regulations to be sure though. If that is the case, as soon as you submit the satisfactory IELTS score to the MRT, the MRT may even cancel the hearing and makes a decision setting aside the DIAC's decision. Why have not you submitted the IELTS score to the MRT yet?


That's what i thought at first, but then they made it clear when my CO told me you should provide a competent IELTS score "before or at the time of applications" not 'at time of decisions".

I was not inform that you are suppose to supply your competent IELTS score when you lodge your MRT review, i thought that i suppose to supply it when the hearing comes. I have my competent IELTS score with me, i hope that will help with MRT at the hearing next monday.

So then would u think that it is probably best for me to apply my 820 now or should i do that after my hearing?

Thanks problem child,if anyone can suggest me as well in this matter it will be helpful.


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## ProblemChild (Mar 12, 2013)

Jane88 said:


> That's what i thought at first, but then they made it clear when my CO told me you should provide a competent IELTS score "before or at the time of applications" not 'at time of decisions".
> 
> I was not inform that you are suppose to supply your competent IELTS score when you lodge your MRT review, i thought that i suppose to supply it when the hearing comes. I have my competent IELTS score with me, i hope that will help with MRT at the hearing next monday.
> 
> ...


Your CO's statement does not mean anything since it can be interpreted in two ways. One, you should submit a competent IELTS result at the time of application because the result at the time of an application is a requirement of a visa. Two, you should submit a competent IELTS result at the time of application because we do not wait for your result and make a decision to refuse to grant you a visa on the ground that an IELTS result was not submitted. If the second one is what your CO meant, then as soon as you submit your result to the MRT, the game is over. You will win. It is only the first scenario where you cannot win.

When or before the MRT invited you for a hearing, the MRT must have explained why it thinks that the DIAC's decision under review should be upheld and must have asked you to submit any material to be considered. So you should know by now what exactly is the problem and whether you can win or not.

As for an application for a 820 visa, I cannot even imagine what I would do if I were you. I do not know anything about your situation so it is impossible for me to think about it.


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## Jane88 (Apr 29, 2013)

*applying 820 from BVA*



ProblemChild said:


> Your CO's statement does not mean anything since it can be interpreted in two ways. One, you should submit a competent IELTS result at the time of application because the result at the time of an application is a requirement of a visa. Two, you should submit a competent IELTS result at the time of application because we do not wait for your result and make a decision to refuse to grant you a visa on the ground that an IELTS result was not submitted. If the second one is what your CO meant, then as soon as you submit your result to the MRT, the game is over. You will win. It is only the first scenario where you cannot win.
> 
> When or before the MRT invited you for a hearing, the MRT must have explained why it thinks that the DIAC's decision under review should be upheld and must have asked you to submit any material to be considered. So you should know by now what exactly is the problem and whether you can win or not.
> 
> As for an application for a 820 visa, I cannot even imagine what I would do if I were you. I do not know anything about your situation so it is impossible for me to think about it.


You are right ProblemChild, in the second scenarios i might win, as u mentioned, but in regards to the 1st scenario i would not win. Because at the time of application of my 485 visa u required to have a Competent IELTS result to be granted a visa.

in regards to my 820 visa, what concerns me is just that the matter when should i lodge it. I have my application ready in hand, whether its a valid application or am i eligible to apply, it all depends on the immigration decision. But i guess it wont matter when should i lodge my 820 application as long as i am not unlawfully here. I just have to hope they wish to take my application as a valid application so then they can grant me with Bridging visa(Either BVA or BVC).

Thank u so much for your help and suggestions. I really appreciate it. i can only do so much, wish me luck


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## ProblemChild (Mar 12, 2013)

Jane88 said:


> in regards to my 820 visa, what concerns me is just that the matter when should i lodge it. I have my application ready in hand, whether its a valid application or am i eligible to apply, it all depends on the immigration decision. But i guess it wont matter when should i lodge my 820 application as long as i am not unlawfully here. I just have to hope they wish to take my application as a valid application so then they can grant me with Bridging visa(Either BVA or BVC).
> )


Hi Jane88

If you submit your application together with your sponsor's application and two statutory declaration from Australian citizens or permanent residents and then pay fees (probably simply by providing your credit card number on your application), then DIAC cannot say your application is invalid, I think. Isn't there any migration agent who can confirm this for you? There is a community legal centre specialising migration in the capital city in each State.


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## Sergio123 (Jan 22, 2014)

how did you finally go and what is your status at this moment?my situation is similar with yours, please share and let us know how did you go.
thanks


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## Needhelp86 (May 27, 2015)

Hi jane88

How did you go with your partner visa. I'm in same situation holding bva and waiting for my mrt hearing.. Share your experience.. Thanks


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## Ksnith88 (May 12, 2016)

Hi Jane, I have been googling my situation and found you in the same boat (posted on another thread but won't let me comment) I'm on a bvc because I lodged my defacto visa on a Bva so anyway I need to leave he country for a couple of weeks as a family member is sick in the uk. But I am scared I won't be able to come back in how did you get your bvc reinstated? Did you first come back on a tourist visa? Any advice would be greatly appreciated


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## anzie (Sep 8, 2015)

You can't come back holding BVC. Once you leave Australia it will cease.


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## Ksnith88 (May 12, 2016)

Yeah, I already knew that but from reading Janes story and a few others people have left And come back and managed to get their bvc reinstated so just trying to find out how. Thanks


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