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Parents 804 /Desperate for what to do next


retirement16

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Hi Everyone  We applied for 804  onshore and it was acknowledged within 4 days  together with a Bridging Visa "A"  this BVA did not come into use as we were on a  E Visa (651) so BVA cannot come into force until this expired

We returned to the UK and had problems with a sick  relative so did not return quickly  The E Visa expired  and we were still in the uk a couple of months passed and so we applied for a new E Visa (651) which was granted with no conditions. that expires  in April 2019 and we intend to hopefully renew it again and travel sometime this year

What I wanted to ask would the BVA start at the end of this   E Visa 651 on the expiry date.........   or have we lost our right to the BVA therefore our application  for the 804

 

We could not apply for a BV "B" as the original VV E Visa was still running

Edited by retirement16
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I think you need to talk to a registered agent, it sounds rather complicated and my guess would be that your 804 has lapsed. You wouldn't have been allowed to leave on a BVA anyway, you'd have needed a BVB. Given that you didn't intend to be a tourist last time but intended to stay you might be in for a bit of a grilling next time to ascertain whether you've lied about being a tourist this time too. But get professional advice, this is an odd situation.

Edited by Quoll
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As above. Your situation is unusual and someone would need to know all the facts to give you a straight answer.  

It is possible any bridging visa will no longer apply and you may have to wait offshore for your visa grant if the application is still valid. Not sure re onshore/offshore rules for this particular visa. You should still be able to visit though. 

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Oh dear.  It sounds as though you've got yourself in a mess. While it's true the bridging visa wasn't in effect when you left, it did come into effect when the first tourist visa expired - and then you were offshore without a BVB, which you're not allowed to do.  I think you've lost the 804 and will have to start all over again, but check with an expert.  

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I agree with the comments to speak with a migration agent.

The 804 application will not be affected but it may require you to be in Australia for it to be eventually granted.  However the bridging visa A was a link between your original ETA and the 804.  So the BVA would come into effect when the visitor visa expires (when you overstay or it expires at the end of its duration) and the BVA would let you remain in Australia while the 804 is processed.  Since you're offshore now, you will need to speak with a migration agent to see whether it's possible to enter Australia on your new visitor visa and then apply for the BVA to be reinstated.  It seems this can sometimes be done but I don't know under what circumstances and how you go about doing that.

There are several good agents on this forum who could help including @Raul Senise, @wrussell and @Alan Collett.

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