# regarding BRIDGING VISA A cancellation



## mitti (Aug 1, 2011)

Hi,yesterday i got letter from immigration for cancellation of my bridging visa A,NOW i want to apply for MRT
I want to know is there any work conditions on MRT?
SECONDLY,my girlfriend is AUSTRALIAN RESIDENT,if we get married before i get the decision of MRT,is there any chance to stay in Australia ?
or do i have to go back and file the partner case from my home country ?
please help


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## SarahM (Feb 8, 2011)

Hi,

Do you mean you want to make an appeal at the Migration Review Tribunal?

What visa had your applied for to get a Bridging visa A? You had only a limited amount of time to apply for review once your visa had been refused, if you are no longer on a Bridging visa you may have missed your chance to apply for appeal, what do the letters say?

*"It is important to realise that if you are on a Bridging Visa A, as a result of a visa application, that bridging visa can only be continued, after a visa refusal, if you apply to the Migration Review Tribunal within the time limit provided. If you do not appeal to the MRT then your Bridging Visa will expire and you will need to depart Australia or become unlawful and face detention and removal from Australia."*
Migration Review Tribunal - Has your visa application been refused or visa cancelled?



mitti said:


> Hi,yesterday i got letter from immigration for cancellation of my bridging visa A,NOW i want to apply for MRT
> I want to know is there any work conditions on MRT?
> SECONDLY,my girlfriend is AUSTRALIAN RESIDENT,if we get married before i get the decision of MRT,is there any chance to stay in Australia ?
> or do i have to go back and file the partner case from my home country ?
> please help


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## mitti (Aug 1, 2011)

Hi,
Thanks for reply,
I was on student visa and on that base i got the bridging visa,3 days ago i received that email from immigration which says yours application for TR has been refused,so i still have the time period in which I can appeal.
1) If i file MRT is there any work condition on it.i want to save some money 
2) I am wondering if i get married with my girlfriend (PR) can I change my bridging visa to spouse visa or any other visa ?


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## SarahM (Feb 8, 2011)

If you make an appeal you will go onto a different bridging visa, I'm not sure what the conditions are. For your other question, a parter visa can be applied for if you are married, or if you are not married you have to have been living with your parter for the past 12 months before applying.

What visa did you get refused?

Don't think that marrying your parter will automatically grant you a spouse visa, the spouse visa requires a lot of evidence. Read page 40 and 41 of this booklet: http://www.immi.gov.au/allforms/booklets/1127.pdf

If you read that booklet and you think that you will be able to complete the requirements then you could apply for a partner visa. You will have to wait for the visa to be processed however and that can take some time, up to 12 months. Why didn't you apply for a partner visa as a de facto couple before? Applying now makes it look like you are just desperate to stay in Aus and not actually to stay with your partner.


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## race (May 17, 2011)

*similar problem as Miti, need suggestion ASAP*

I have similar problem as Mitii, My student visa was rejected yesterday because I couldn't get sufficient score at my IELTS exam. I am on Bridging A visa currently. But I am married with my boyfriend for more than 1 year and my husband is waiting for his TR (485). So, my question is:

1) If I apply for MRT now and my husband gets his TR within my MRT period, will I be eligible to apply as his subsequent entrant before I get MRT decision?

I know I can go back to my country and wait until my husband gets his TR and then apply from there. But I just don't wanna miss him for single moment.

Plz advise me some solution ASAP as I don't have much time to wait for decision


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## SarahM (Feb 8, 2011)

Hi,

You said your husband is applying for temporary residency? If you want to be a secondary applicant on his visa application he had to "declare" you in his application, I don't think you're supposed to wait until his TR is actually granted. What's more, if you were married at the time of his application, he was indeed obligated to tell immigration about you.



race said:


> I have similar problem as Mitii, My student visa was rejected yesterday because I couldn't get sufficient score at my IELTS exam. I am on Bridging A visa currently. But I am married with my boyfriend for more than 1 year and my husband is waiting for his TR (485). So, my question is:
> 
> 1) If I apply for MRT now and my husband gets his TR within my MRT period, will I be eligible to apply as his subsequent entrant before I get MRT decision?
> 
> ...


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## race (May 17, 2011)

*thanx sarahM for relply*

Hi SarahM, thanx for your prompt reply, actually my husband has applied his TR last year on July 2010 and waiting for his visa to be granted. So, can I still apply as his subsequent entrant if I go for MRT for my student visa refusal?

You said your husband is applying for temporary residency? If you want to be a secondary applicant on his visa application he had to "declare" you in his application, I don't think you're supposed to wait until his TR is actually granted. What's more, if you were married at the time of his application, he was indeed obligated to tell immigration about you.[/QUOTE]


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## SarahM (Feb 8, 2011)

Hi race,

You have to tell me what visa subclass he applied for, what one was it?

Yes it appears that you can be added after his visa has been granted, but you have to tell me which visa so I can confirm.

For example, I found this on the immi site about a different visa:
_If you currently hold a Skilled - Independent Regional (Provisional) visa (subclass 495), your partner, dependent children and other dependent relatives can still apply to accompany you in Australia if they were not included in your original application. They should apply for a Skilled - Independent Regional (Provisional) visa (subclass 495) using Form 47SK._


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## race (May 17, 2011)

Hi, TR means 485 of course. my husband has applied for 485


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## SarahM (Feb 8, 2011)

race said:


> Hi, TR means 485 of course. my husband has applied for 485


Ok, so I just went to Department of Immigration & Citizenship and searched for the 485 visa.

Skilled - Graduate (Temporary) visa (subclass 485)
Adding family members to your subclass 485 visa
*If you currently hold a Skilled - Graduate (Temporary) visa (subclass 485), you may add the following secondary applicants after your visa has been granted:
- your partner
- a dependent child of you or your partner
- a dependent relative of you or your partner.
They must apply using the paper Form 1276.

There is currently no online facility for adding family members after a visa has been granted.

You will need to provide evidence of your relationship to your family members.
*

So there you are, you use Form 1276 to add yourself as the partner of a 485 visa.


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## mitti (Aug 1, 2011)

Hi SARAHM,
Can i do the same i mean get married with my girlfriend (PR) by the time i am waiting for my MRT result to be declared and show the relationship with her in immigration and file an application for my TR ?


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## SarahM (Feb 8, 2011)

mitti said:


> Hi SARAHM,
> Can i do the same i mean get married with my girlfriend (PR) by the time i am waiting for my MRT result to be declared and show the relationship with her in immigration and file an application for my TR ?


What visa will your girlfriend be on? What subclass? I need to check the immi site.

As long as you are in Australia legally and as long as your partner's visa allows it, you can be added to her application. Australia recognises de facto partners, marriage is not necesarry as long as your can prove your relationship.


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## mitti (Aug 1, 2011)

HI, SARAHM,
My girlfriend is permanent residence in australia.


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## SarahM (Feb 8, 2011)

mitti said:


> HI, SARAHM,
> My girlfriend is permanent residence in australia.


Then you can be added to that as her partner but I need to know what visa granted her permanent residency to double check the procedure.


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## mitti (Aug 1, 2011)

Hi sarahm,
she is divorced, we been living together 6 months now


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## SarahM (Feb 8, 2011)

mitti said:


> Hi sarahm,
> she is divorced, we been living together 6 months now


You are really not understanding me. If you can't tell me what the subclass of her visa was which granted her permanent residency, I can't verify the exact procedure for you to be added as her partner. It doesn't matter that you are not married, de facto partners are recognised. I suggest you call immigration on 131 881 for further questions.


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## mitti (Aug 1, 2011)

hi,sorry about the misunderstanding, my girlfriend came here on 309 visa,her partner (AUSTRALIAN CITIZEN) went to her home country to got married her and now she is divorced from him.


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## SarahM (Feb 8, 2011)

mitti said:


> hi,sorry about the misunderstanding, my girlfriend came here on 309 visa,her partner (AUSTRALIAN CITIZEN) went to her home country to got married her and now she is divorced from him.


I wish you had told me she had come on a partner visa from the start. This is a completely different situation.

So, you want her to sponsor you for a partner visa?

She can only be your sponsor if it's been more than 5 years since she was sponsored by *her* old partner. See:

_You may not be able to sponsor your partner if any one of the following applies: 
•you are not an Australian citizen, Australian permanent resident or eligible New Zealand citizen 
•you have previously sponsored two other partners for migration to Australia (including sponsorships you may have withdrawn where your former partner obtained permanent residence on family violence grounds) 
•you have sponsored another partner within the last five years 
*•you were sponsored for a partner visa as a partner yourself within the last five years *
•you are the holder of a Woman at Risk visa (Subclass 204) 
•you have a conviction or an outstanding charge for an offence against a child._

If it's been more than 5 years since your girlfriend/soon to be wife, was sponsored for her visa then yes she will be able to be your sponsor.

This whole thread was about *skilled visas*, in which a partner can be added as a secondary applicant or a dependant to a visa, but you are talking about partner visas, which is completely different. Your girlfriend needs to sponsor you for the partner visa.

Read the partner migration booklet, it'll help you:
Partner Migration Booklet

And here's the visa:
Partner Visa: Onshore Temporary and Permanent (Subclasses 820 and 801)


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## harang (May 18, 2012)

*How can I do when my Bridging visa A was refused, because of IELTS?*

Hi, 
Can I bring this matter to MRT and take a IELTS as soon as possible and submit the result?

I applied 485 Graduate visa last August, 2011 and had insufficient IELTS results - writing only was 5.5 and other parts were ok.
I made an enquiry by email to immigration office in September, when I received the results and appealed for re-check of the result.

Though the try was not successful and score was not changed and it was already over 28 days from the visa application.

And I haven't got any answer from the immigration office and waited until this March and contact Immigration office by phone. I was bit of travel and work at that time. ''your visa will be cancelled'' that was the answer, I heard.

however, it was already over 6 months from my graduate of 2 years diploma course and I was not sure that I can take another IELTS test again or not to change it.

Finally, I received the refusal notification and considering bring the case to MRT and take the IELTS test before my current bridging visa A expired.
The only one thing, I can bring up was I didn't have chance to re-apply same 485 visa nor IELTS, if I got a right advice. My IELTS score was overall 6.5 - Reading 9, speaking 6, listening 6.5, writing 5.5. I couldn't study, because I was working in a company related to my course and after finishing course in July, I was applying my 485 visa before student visa expired.

Please give me advice


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