Question of the Week



Partner visa and bridging visa changes - Moving outside of Australia

Category: Partner Visa

Question asked

Hi,

I had applied for a partner visa last year and I'm currently on a bridging visa, waiting for a response on an 820. I've completed attaching all my supporting documents, as has my husband; I've also provided a health assessment and my husband has provided a police check as requested. As far as we know, we have nothing pending to submit for our application and are simply waiting for a case officer to be assigned to us.

My husband has recently started a new job that requires his to move to France for a few years as part of a larger Australian government strategy. We're not sure how this impacts our partner visa application or what we should do. Should I apply for a bridging visa to allow me to accompany him? Will they award a bridging visa for a few years? Is there some way for us to let Home Affairs know that there is a potential change in our situation and get their advice? We do not want to withdraw our application as this secondment is temporary. We intend to return to Australia and make our life here once this stint is over. Unfortunately, all of this has happened quite suddenly and we have to be in France at the end of this month. Please advise.

Answer provided by Migration Agent

Dear J.

Lately, the Department have been very lenient when it comes to changing the status of a Bridging Visa A (BVA) to that of a Bridging Visa B (BVB) with at least a 1 year travel facility for people who find themselves in similar situations as you. You can apply for the BVB through your ImmiAccount portal, you will find the option within the 820 application. Essentially though, you will probably only need a 3 month BVB because if your husband provided a police clearance as a result of a specific request from the Department then that means your application is in the final stages of assessment. This is an important point because the 820 visa may only be granted while you are in Australia. It means that if you go to France now, you will need to return to Australia as soon as the Department indicates that they are ready to grant the visa - which could be within weeks of you arriving in France- but as long as you are okay with the financial aspect of a sudden return to Australia then that's fine.

The way you update the Department about your circumstances is through the BVB application. You should provide evidence of the job offer and everything relating to your need for travel. It would also be a good idea to provide the Department updated relationship documents for your 820 application through your ImmiAccount Portal which identify that you are living together with your husband in France.

Do not withdraw your application. Living in France with your husband will have absolutely no effect on the case officer's decision to grant your visa.

Migration Agent

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