# Left Australia without Bridging Visa B



## lrdweasel (Sep 9, 2017)

I'll put this into context, living in Australia just over a year. Waiting for my *820 Partner Visa* to be approved. I work for a US technology company and travel regularly to US/NZ etc. Every time I have left I applied for BVB B which allows me to leave and return to Australia.

The last business trip was sprung on me with little time to get things done, I have made the mistake of applying for the BVB B before having this approved. (The nightmare has begun)

Shortly after leaving I received a email from DIB saying that the Visa B has been declined as I left before it was processed. Generic email telling me to contact closest Australian consulate. I have sat on the phone for hours with a number of Lawyers getting various advice on what my next steps are. So this is where i'm at and was wondering if anyone has been in the same situation.

1) I've been told to get me ETA which allows me to return to Australia 
2) Once I have arrived seek legal council but advice given is re-apply for 
BVB A which allows me to live and work in Australia (what I originally 
had before leaving.

*So couple of things here:*
1) I'm returning on a Visitors Visa which allows me to stay for 3months
2) I cannot work or continue working until I have a new BVB approved 
3) Possibly will have to wait for 3months till my ETA expires before I can 
work (not 100% sure on this and calling immigration hotline couldn't be 
clear on this.

The drama that has unfolded because I have made a clerical mistake on my part thinking that the BVB could be processed whilst in the US was on 2weeks of business. I have a pregnant wife/house/job my entire life back in Sydney and this whole experience has turned into a nightmare.

*My question for the community is:*
1) Has anyone been in this position? 
2) Any advice on getting another BVB A and how long that takes
3) should I inform my employer, this could potentially jeopardise my job

I'm currently in NZ and heading to the US on Sunday for a week but desperately trying to get this sorted before I return. Any advice would be hugely appreciate and if anyone knows or recommends some good lawyers please let me know.

Thanks All


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## ampk (Sep 21, 2013)

You are lucky you can apply for a ETA, many can not and have no other way to return to Australia.

This is partly your employers fault so to be terminated for it can lead to an un fair dismissal.

You also need to take blame as you are not aware of the conditions attached to your visa - do you know all the other conditions of the other visas you have and will apply for?

* I think you are in for the 3 month holiday until your stay period expires and you get a BVA reinstated.

4 very good Registered Migration Agents often post on this site - an earlier post today lists them with contacts -

http://www.australiaforum.com/visas-immigration/241546-living-oz-off-foreign-investments.html


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## hotdawg (Jun 24, 2016)

lrdweasel said:


> I'll put this into context, living in Australia just over a year. Waiting for my *820 Partner Visa* to be approved. I work for a US technology company and travel regularly to US/NZ etc. Every time I have left I applied for BVB B which allows me to leave and return to Australia.
> 
> The last business trip was sprung on me with little time to get things done, I have made the mistake of applying for the BVB B before having this approved. (The nightmare has begun)
> 
> ...


If you have exited with the BVB on numerous occasions, you should have really been aware that you needed to apply for another one BEFORE exiting not while being out. Most of us on this forum in the same situation know that.Good luck with sorting it out though.
In your second paragraph, I think you meant to say you made the mistake of leaving the country before the BVB was approved not "applying for BVB before it was approved".


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## MarcellusF (Nov 6, 2015)

Will applying for an ETA risk cancelling your 820 visa application?

Dude, I don't know how you managed to do this. We've lost sleep worrying about BVAs and BVBs. Can't imagine how you could have been so blasé about it


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## ampk (Sep 21, 2013)

MarcellusF said:


> Will applying for an ETA risk cancelling your 820 visa application?
> 
> Dude, I don't know how you managed to do this. We've lost sleep worrying about BVAs and BVBs. Can't imagine how you could have been so blasé about it


No it wont as the 820 requires you to be onshore (can not be issued if you are offshore I am told) to be granted and the ETA is not activated until you are onshore.

* Have seen a RMA from here say that the ETA will be required and an application made to reinstate the BVA once onshore, But think the ETA remains enforce for the 3 months.

The OP must get this all cleared with a Registered Migration Agent and I would be sure to make sure they are Australian based.

P.S in a VEVO search by an employer does it show travel conditions?


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## Mania (Sep 7, 2016)

If the employee doesn't have the correct visa to work the employer has no choice but to terminate or find them work outside of the country....


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## ampk (Sep 21, 2013)

Mania said:


> If the employee doesn't have the correct visa to work the employer has no choice but to terminate or find them work outside of the country....


The employer gave little notice that offshore work was required & the employer will/does know the employee is a visa holder that are required to be checked (an employer responsibility) also an employer is responsible for its employees when employed offshore.

Chanel 9 had a case of this recently in a child recovery/abduction case 60 minutes I think it was - Much quieter, James Packers casino employees in another country are still his problem after they were arrested.


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## Mania (Sep 7, 2016)

The employer has no requirement to maintain a partner visa or bridging visa...

It is the employee whom must inform the employer that they are unable to leave due to not having a visa to return.

If the employee left the country without having the relevant visa in place to do so it is on the employee not the employer. Further to that if the employee does not have a legal visa to work within Australia then they can no longer be employed.

Being responsible for the employee whilst offshore is irrelevant to the onshore visa issues.


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## ampk (Sep 21, 2013)

Mania said:


> The employer has no requirement to maintain a partner visa or bridging visa...
> 
> It is the employee whom must inform the employer that they are unable to leave due to not having a visa to return.
> 
> ...


I think there is a case both sides and I am an ex employer - the employee would have said their visa status at time of employment - but due to an employment commitment neither gave a rats arse about the visa requirements so both are to blame - or will they get sacked if they failed to do this offshore job? that will be even more interesting in the hearing - falls under undue pressures of employment.


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## Mania (Sep 7, 2016)

I think the problem comes from the employee being able to travel numerous times prior, work asking and the employee saying yes.

No undue pressure, sounds like a simple mistake on the employees behalf that will lead to a 3 month period of no work rights.



Are you eligible for a working holiday visa? Long shot as it probably won't be granted but would give you 6 months of work rights and with luck your 820 granted after that.


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## ampk (Sep 21, 2013)

I am now an employee and it is my employers responsibility for visa/s if I work offshore. It is a multinational company.

But I know for a fact they push limits and I have warned guys to ask questions in writing - because it is the person not the company that is detained. 

The company are piss poor in doing proper planning at best in these cases it seems.


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## Mania (Sep 7, 2016)

Visas offshore. So it would be the employers responsibility to arrange the American visa for this trip in this instance.

Not the home bridging visa, that is the employees responsibility.

I don't think that this is really helping the OP so I'm going to butt out.


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## ampk (Sep 21, 2013)

No it is the employers responsibility that ANY work they are paid for is within every law (regardless of if they know them or not) and to be responsible for them and any employee's mistakes during employment unless negligent or intentional.


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## lrdweasel (Sep 9, 2017)

Firstly thanks for all the responses, really appreciate some of the input.

I want to be clear when I say this, the fact that I left without getting BVB B arranged before I left is entirely my fault. I should have either delayed my trip or told work who would have understood and allowed me to move things around. 

I hold my hands up to the fact that I didn't understand the restrictions and implications of my leaving without waiting for the BVB to be approved. 

So I have found some further guidance in speaking to some people and I luckily have a few options. 
1) I can enter on a ETA as I'm UK citizen and that process is 24hrs and I 
now have that. 
2) I'm looking into the Subclass 600 visa which allows me to return to 
Australia for a shorter period, in this case likely 2weeks. By doing this I 
have enough time to re-apply for my BVB A which can be re-instated. 
3) It takes longer to get a the Subclass 600 so I might have to remain in 
the US for a week or so whilst it's processed. 

Either way I will have to notify my employee at this stage and will do this after my Lawyer has looked at my case on Monday. Ultimately this is all going to cost money and time and that's just something I'm going to swallow. 

I have spoken to someone that had a similar situation where they returned on a ETA, got his BVB A within a week. He then left and returned on a Subclass 600 which replaced his ETA as he re-entered the country (Something to that effect) again the lawyer that dealt with his case is going to deal with mine. I have also been reaching out to my case officer who is processing my 820 Partner Visa who can provide some assistance and guidance. (still waiting for a response)

All in all .. total Sh** show.. but it's what it is. 
I'll keep you all updated because is sounds like I have a unique case which is something someone might find themselves in (unlikely but possible) 

When I am done with this and I have my 820 finalised I'm seriously considering laying a case against the Australian government for the treatment and lack of flexibility in this whole process. I have spent well north of $25k on Visas and Lawyers (excluding this) and the fact one has to potentially wait almost 2years to have a visa processed which should be cut and dry is a shambles. The amount of stress and impact this has on day to day lives which i'm sure a lot of you can attest to is just so unnecessary. 

My wife will also be writing to our local MP to bring this to the table, worth taking a two pronged approach to all this. 

Thanks All


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## Mania (Sep 7, 2016)

It would be interesting to see if such a case went anywhere - I wouldn't expect it too!


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## ampk (Sep 21, 2013)

I hope it is a Registered Migration Agent? (Australian based best and pref one of the ones that frequent here). 

The issue with a 600 Visitor Visa is it need to be issued for a reason consistent with its grant criteria (not just to get onshore), you would also need to address the no work issue in the application and that's tough as you are currently employed. 

If it helps I was north of $80k then she/they vanished!


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## guscas (Apr 23, 2017)

lrdweasel said:


> My wife will also be writing to our local MP to bring this to the table, worth taking a two pronged approach to all this.


Who's her local MP? I've been considering doing the same.


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## ampk (Sep 21, 2013)

guscas said:


> Who's her local MP? I've been considering doing the same.


Approach the Local MP but they tend to refer you to the Senator as immigration is a Federal not a state issue.


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## hotdawg (Jun 24, 2016)

I think Mania has a valid point, Partner Visa's don't really have anything to do with the employer, the sponsor is the spouse.
"Irdwease" had applied and exited previously with a BVB and should have been on the ball about the situation. The employer should be aware of his employees visa conditions/status and not have assigned the overseas job.


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## lrdweasel (Sep 9, 2017)

Well thought I would updated everyone as this was a unique situation.

I returned to Australia on a ETA, not a problem at all and allowed for me to stay for 3months as a tourist. The dilemma was to remain and work as per my original Bridging Visa A. (Which I lost)

Whilst in the USA (Week 2) from being out of the country I received an email from DIB asking for a Police Name check, I was a bit surprised but processed it abroad knowing I would have results in 5x working days. After entering Australia from the USA on the ETA I was planning on doing my Bridging Visa A, however I checked with my lawyer and she told me to hold off as the Police check is the final step in the approval process of the 820 Visa. 

After submitting the Police report (4x days later) I received my Partner Visa (Stage 1) within 24hrs. 

So totally surprised by what has happened and can't explain why I suddenly got application approved. I'm assuming here but my guess is that leaving the country and having my BVB A expire as I didn't complete the BVB B visa might have flagged my application. 

I have waited almost a year for 820 to be processed, which from looking at this forum is fairly quick. Coming back to the original issue if this didn't happen I would have gotten my BVB A re-instated as you can re-apply if the BVB A expires, that process also takes a few working days to process. Either way I would have been ok but obviously supper happy that the actual 820 is now in affect and I don't have to worry about bridging visas anymore!

To all of you out there, good luck! I am still looking at submitting a letter to my local MP complaining about the process and wait times as I think it's absurd. If you don't ask you don't get so I'll be following that up.

Also on a personal note and the mistake I made, I'll be reading those Visa docs more carefully as not to put myself in this situation ever again ;-)


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## CCMS (Oct 10, 2013)

Good for you. I’m glad this story had a happy ending!!


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## visa2017 (Dec 10, 2017)

Hi, 

I just ended up in the same situation as you. 

How can you re-apply for the BVA? You stated this in you last post. 

Thank you


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