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tmattuk

Bridging Visa E, moving to defacto...travel rights??

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Hi guys,

 

New to the forum so let me just say thank you in advance for any help I can get here.

 

I am currently on a BVE with work rights whilst I await the outcome of an appeal as my visa was cancelled. I have been with my current Australian partner for 1.5yrs. 

We are about to go and put in for a defacto. When we first explored this option 4 months ago we were told inevitably this would be rejected as there has to be compelling grounds to grant a defacto once a visa is cancelled and no substantative visa is held. We are now however, expecting our child in 6 months time. I'm aware that that will most likely be a reason for accepting the defacto (not the reason we are having a child for all you cynics out there!!). However the process will still take 18 months or so as i'm led to believe.

What I would like to know is that once I apply for the defacto on a BVE will I move to a different bridging visa or remain on the BVE? My nan is not in the best shape and I would like to head back to the UK and see her with the baby when he/she comes. If I am on a BVE I know that I cannot leave the country otherwise I have to start everything again. But will that be the case if I have my child (who obviously will be an Australian citizen) comes with us. 

Will they provide any discretion for the situation or if we left would they simply not let me back in until the defacto was fixed up? Or will I be placed onto a different bridging visa once I apply for the defacto? Obviously I need to be here to support my partner and child.

 

Any help on this matter would be greatly appreciated!

 

Many thanks,

T

 

 

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You've put yourself in a bit of a corner. 
I'm curious did you lodge your visa within 28 days of them cancelling the other visa?
To be honest I don't think you will find bub would be compassionate grounds for the schedule 3 waiver. from my understanding the compassionate grounds are circumstances beyond anyone's control (such as health (cancer and the like)  natural disasters ect). there would of been a time when a baby might of been compassionate unfortunately as soon as anyone hears of a loophole all the dodgy applications will try and exploit it so it gets shut down, and there have been many who deliberately had a baby to try and get a visa. my wife had people telling her that having a baby would make it all easier which is of course BS.

once you apply for the partner visa you only get bridging visa A if you are on a substantive visa and it only kicks in after the visa ends naturally. so basically you will remain on the bridging visa E and there is no way to get travel rights on bridging visa E. part of the reason many say to avoid BVB E at all costs including the fact that it means you have been unlawful which also means anytime before in the country wont count towards timelines for citizenship.

considering the cost of the visa and that you are beyond a simple application you would need to at least an initial consult with a MARA agent. I've never used one but have seen very informative posts from the agents in the link below.

http://www.australiaforum.com/visas-immigration/252474-registered-migration-agents.html

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You'll definitely want professional help as Schedule 3 Criteria isn't something you want or may be able to navigate yourself. You may just be making a nice donation to immigration in visa fees.

And no, you'll still be on the BVE.

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