itstillmoves

Hi Everyone,

Myself and my fiance are currently awaiting decision on an application for ENS 186 through my employer. We are on BVA and have been since late Nov. Our previous visa (457) has now expired. We have been here for four and a half years all in.

The nomination and visa application were lodged in early November. We have both had our medicals, Aus police checks and UK police checks carried out. I also have a positive skills assessment which was carried out here in Australia.

Unfortunately - the business I work for is going a bit south at the moment. It is a possibility that they may hit the wall soon. )It is however a more likely reality that it won't and everyone is pushing hard to get it going again..)

My question is this:

If the business was to fail prior to nomination and visa being approved - what would our status be? I assume of course that both of those applications would be swiftly thrown out.

At this point could I launch a 189 application and remain in Australia on a BVA/BVB?

Would we have to leave the country and launch the application from offshore?

Any insight or advice you guys can offer would be greatly appreciated. I do have a MARA involved but would like to keep this off the record for as long as possible.

Thanks guys - keep up the great work that you all do.

Pollyana

So you'd be looking at lodging a 189 when you don't hold a substantive visa, just a BVA?
Someone may know straight off, but I'll have a dig around.....

(I edited your original post, please pm me if you want to know why )

itstillmoves

Thanks for the reply Pollyana,

(I can probably guess why it was edited haha.)

Yes, that's correct. In fact further to that I'm actually unclear as to how long the BVA would be valid for once the applications were thrown out. I assume perhaps 28 days?

It's a pretty grim situation. We have been here for a long time(417-457-now,) have made a life here, went through all sorts of licencing procedures etc for my line of work. Everything has been difficult but so worth it.

The business slowing down was completely unforeseen and is almost unbelievable considering where it was 8 months ago.

Appreciate you digging around.

Thanks again.

Pollyana

Well I found out about when the BVA would end:

A BVA will end 28 days after the date that one of the following happens:

• we receive your written request to withdraw your substantive visa application
• a merits review tribunal or a judicial review body receives your request to withdraw your application for review of a decision to refuse your substantive visa application
• we notify you that your substantive visa application is not valid
• we notify you that your substantive visa application has been refused
• a merits review tribunal notifies you that it has upheld our decision to refuse your substantive visa application
• a merit review tribunal notifies you that it has no jurisdiction to consider your application for review
• a judicial review body upholds our decision to refuse your substantive visa application.

So I can't find anything that says you can't apply for a 189 while on a Bridging Visa. You can be onshore or offshore to apply for a 189, and as you are here legally I can't see any reason for it not to be allowed.
However - reading the BVA stuff indicates that as your BVA is tied to the 457-186, if that gets refused, you have 28 days to leave.
The BVA info says that you can apply of your own accord for a new BVA so I guess thats what you would need to do asap if the 186 is refused before the 189 is granted.
Then you are at the mercy of DIBP as to whether they would grant a new BVA while awaiting the 189 decision.

I would say definitely one to talk through with an agent as it looks risky. If they refuse the second BVA you'd have to leave while waiting the 189 decision.

AND - if the 189 is granted by some miracle BEFORE the 186 decision, withdraw the 186 applicaton immediately! Otherwise it would cancel out the 189.

Best I can do, if anyone can see anything I overlooked, please chip in!

itstillmoves

Excellent work. Thank you.

I think you are spot-on. Through my own research I've came up with similar results.

It is a very fluid situation therefore I'm going to let it play out for now. I do hope that we hear within the next month to six weeks, (4.5-6 months since lodging) and can press on.

Just heard news in here that we have secured a large contract so everything could be all good again.

Nothing is every easy when it comes to this but I am still sure it will all be worth it when we eventually see that beautiful e-mail notification come through.

Thanks again and as you said - if anyone else wants to pitch in please do.

ElizabethFitzpatrick

If you are worried about the time the bridging visa A will last for - that is, between the 186 and the 189 applications - I would submit an expression of interest now - (see Skilled Independent visa (subclass 189)). Submitting an EOI is free.

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