# Applying for 189 while still under Bridging Visa A for TR 485



## firelucifer (Oct 17, 2014)

Hi all, question regarding Bridging visa A while on applying for 189.

My timeline summary is as follows,

Student Visa expired 30th Aug 2014
Applied for TR 485 15th Aug 2014
Bridging Visa A for TR 485 active 1st September 2014
Applying for 189 30th October 2014

My question is, since I'm currently holding a BVA, what will happen once I applied for 189? from what I gathered from the immigration website, a holder of a non-substantive visa (i.e. BVA) will receive a BVC after applying for a substantive visa (i.e. 189), but will this BVC immediately overrides my BVA?

my understanding is that, BVA (current) -> still BVA (after 189 applied) -> 485 granted -> 485 expired -> BVC for 189 goes active.

The timeline after my 485 is granted should be enough time until my 189 is granted, I'm just curious where does the BVC fits in the timeline? will it just be lurking around unless my 485 is rejected.


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## Stakeout (Oct 10, 2014)

firelucifer said:


> Hi all, question regarding Bridging visa A while on applying for 189.
> 
> My timeline summary is as follows,
> 
> ...


What does your current visa status says in VEVO?

I believe there are 2 situations: (1) If your 485 is granted before receiving your 189, or (2) if your 189 is granted before receiving your 485.

(1) If your 485 is granted before 189, then - BVA (from 485 application) -> BVC (because you are on BVA when you applied for 189) -> Grant of 485 (Supercedes BVC) -> Grant of 189 (Supercedes 485)


(2) If your 189 is granted before 485, I heard there is a chance that it might supercede your 189, ie BVA (from 485 application) -> BVC (because you are on BVA when you applied for 189) -> Grant of 189 (Supercedes BVC) -> Grant of 485 (Supercedes 189).

This led to some people informing the CO to drop the 485 once 189 is granted. I am not sure if its really the case for (2) but its best to check with an experienced agent/DIBP in this case.

I believe you should have the same work rights as your BVA on your BVC (written in your BVC grant letter and VEVO) except you cannot "upgrade" to a BVB.


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## firelucifer (Oct 17, 2014)

Stakeout said:


> What does your current visa status says in VEVO?
> 
> ....
> 
> I believe you should have the same work rights as your BVA on your BVC (written in your BVC grant letter and VEVO) except you cannot "upgrade" to a BVB.


Hi Stakeout,

thanks for the reply. My current visa on VEVO is Bridging Visa A. 
Considering the two scenarios you've provided, either way it seems to me the BVA will be replaced by BVC. However I'm a bit relieved that the BVC you noted on your last point will have full working rights similar to my current BVA, because that's the bit that I'm worried about.


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## Stakeout (Oct 10, 2014)

firelucifer said:


> Hi Stakeout,
> 
> thanks for the reply. My current visa on VEVO is Bridging Visa A.
> Considering the two scenarios you've provided, either way it seems to me the BVA will be replaced by BVC. However I'm a bit relieved that the BVC you noted on your last point will have full working rights similar to my current BVA, because that's the bit that I'm worried about.


DIBP will probably update your status shortly.

Just an extract from the DIBP weppage:
"Working in Australia while you hold a BVC

The initial BVC that is granted to you when you apply for your substantive visa will not allow you to work, unless the substantive visa you have applied for is one of the following SkillSelect visas:

Business Talent visa (subclass 132)
Business Innovation and Investment (Provisional) visa (subclass 188)
Business Innovation and Investment (Permanent) visa (subclass 888)
Employer Nomination Scheme visa (subclass 186)
Regional Sponsored Migration Scheme visa (subclass 187)
Skilled — Independent visa (subclass 189)
Skilled — Nominated visa (subclass 190)
Skilled — Regional (Provisional) visa (subclass 489)."

Hopefully that puts your mind at ease. Also I would double check on the 2nd scenario if I were you, I wouldn't want my PR 189 to be overridden by a TR 485.


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## firelucifer (Oct 17, 2014)

Stakeout said:


> Hopefully that puts your mind at ease. Also I would double check on the 2nd scenario if I were you, I wouldn't want my PR 189 to be overridden by a TR 485.


Yes! thanks for your responses. I'll definitely keep a close look to this last point, it must've been devastating to whomever got their 189 overridden by a 485. I'll definitely bring up this point again once a CO has been assigned to my case, hopefully they'll clarify this further. 

Btw, this is probably a bit of a long shot, but do you think it's possible to get a refund on the 485 since I don't see any point having it any more once I apply for the 189. My situation on August was different since I did not have a lot of the requirements for EOI (IELTS, Skill assessment, etc), but now that I do I just feel like the 485 is just a very expensive bridging visa before I could apply for my 189. :confused2:


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## Stakeout (Oct 10, 2014)

firelucifer said:


> Btw, this is probably a bit of a long shot, but do you think it's possible to get a refund on the 485 since I don't see any point having it any more once I apply for the 189. My situation on August was different since I did not have a lot of the requirements for EOI (IELTS, Skill assessment, etc), but now that I do I just feel like the 485 is just a very expensive bridging visa before I could apply for my 189. :confused2:


I highly doubt that else everyone would be trying that. But you can call them and give it a shot.


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## radical (Apr 21, 2014)

firelucifer said:


> Hi all, question regarding Bridging visa A while on applying for 189.
> 
> My timeline summary is as follows,
> 
> ...


If you apply for any substantive visa being on a bridging visa you'll get next worse bridging visa. In your case, if you apply for a 189 being a bridging visa A, you'll get next worse bridging visa which BV-C. However, since you have an active BV-A from 485, your BV-C from 189 will not be in effect until a decision has been made on 485 visa. If in the case you get your 189 granted then 485 becomes invalid and will have to be withdraw I guess, not sure about that. But if you get your 485 before 189 then your 189 will simply supersedes 485.


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## Ruby204 (Oct 19, 2014)

Hi Firelucifer, I am in the exact same position as you. I am starting to worry what IF my 189 application is successful then shortly after (before I am able to withdraw) the 485 gets granted and overrides my Pr!! 

To answer your question, yes your bridging visa C will only come into affect if your 485 application is unsuccessful. If for example, you are granted your 485 first, when your 189 is granted it will automatically cancel out the 485. However, given that the standard processing time for 485 is 12 months, and 189 is 3 months there is a low chance the 485 will be granted before the 189. 

My student visa also expired on 30th Aug 2014. I lodged my 485 application 19th August and recieved Bridging visa A. Then on the 23rd September I lodged my application for 189. Unlike the 485 the bridging visa was not automatic, I recieved it recieved it the next day. It was a briding c and it is not in effect yet because currently A is active. I was advised not to pull out my 485 application for now as then I would instead move to a briding visa E which has no work rights. Since I read tonight the the latest visa automatic cancels the current one, I may ring immigration to check if a permanent visa can indeed be cancelled by a temporary visa. My intial guess given the standard process times on immigration was that the likely good of a 485 grant before a 189 grant is unlikely. Perhaps for ppl like you and I our case officer will not give a direct grant, but will first tell us to withdraw our 485 application (that leaves 28 days till bridging visa A expires) and once we have informed them we have done so they will grant the 189. I am sure they are awat of that "technicality loop" and I would hope they handle our cases accordingly.


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## Ruby204 (Oct 19, 2014)

Also one more thing. I was also wondering if I would be able to get refund for 485 application but I highly doubt it. You could ask but I am not going to bother. It was essentially paying for a bridging visa like you said. Between expiration of my student visa and the application of the pr visa, there was period of 3 weeks and it was that 'really expensive' bridging visa that made my stay in Australia lawful. They wouldn't give a refund for a visa application that was basically necessary, even though we are not going 'all the way.' That's my take on it. Good luck with your 189 lodgement


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## _shel (Mar 2, 2014)

DIBP dont give refunds apart from in very limited circumstances such as them cancelling your application without assessing it. Even then they havent always.


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## firelucifer (Oct 17, 2014)

Ruby204 said:


> Hi Firelucifer, I am in the exact same position as you. I am starting to worry what IF my 189 application is successful then shortly after (before I am able to withdraw) the 485 gets granted and overrides my Pr!!
> 
> To answer your question, yes your bridging visa C will only come into affect if your 485 application is unsuccessful. If for example, you are granted your 485 first, when your 189 is granted it will automatically cancel out the 485. However, given that the standard processing time for 485 is 12 months, and 189 is 3 months there is a low chance the 485 will be granted before the 189.
> 
> My student visa also expired on 30th Aug 2014. I lodged my 485 application 19th August and recieved Bridging visa A. Then on the 23rd September I lodged my application for 189. Unlike the 485 the bridging visa was not automatic, I recieved it recieved it the next day. It was a briding c and it is not in effect yet because currently A is active. I was advised not to pull out my 485 application for now as then I would instead move to a briding visa E which has no work rights. Since I read tonight the the latest visa automatic cancels the current one, I may ring immigration to check if a permanent visa can indeed be cancelled by a temporary visa. My intial guess given the standard process times on immigration was that the likely good of a 485 grant before a 189 grant is unlikely. Perhaps for ppl like you and I our case officer will not give a direct grant, but will first tell us to withdraw our 485 application (that leaves 28 days till bridging visa A expires) and once we have informed them we have done so they will grant the 189. I am sure they are awat of that "technicality loop" and I would hope they handle our cases accordingly.


Hi Ruby,

I'm glad to know someone is also on the same boat. I get your point and I think from your explanation the 189 will get superseded by 485. But what if we do this, what if once we get the 189, we immediately cancel the 485 on the same date of the grant. I doubt the 485 will be granted within a day of the 189. Do you think this will be a valid solution? 

Thank You.


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## YL1 (Feb 18, 2016)

Hi, please can you guys update me on what happened in your situation above?
I have just lodged my 485 visa application, but I am also thinking of lodging my 189 EOI soon. What happens if I get an invite for 189 whilst my 485 visa is still being process?


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## YL1 (Feb 18, 2016)

Hi, please can you guys update me on what happened with your situation mentioned above?
I've just applied for the 485 visa but am also looking to lodge an EOI for the 189 visa soon. If I'm invited, will I be able to lodge the application for the 189 visa whilst my 485 is still being processed?
Thank you!


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## rlwx95 (Mar 23, 2016)

Hello all.

I am currently on my student visa (573) and will be applying for 485 visa when my results are out on the 9th of December 2016. VEVO shows that my student visa expires on 30 September 2017 and I was just wondering if I am able to leave Australia for holidays around mid December for a couple of weeks after submitting my application for 485 visa (9th or 10th December) as it stated that applicant must be in the country when applying for it and when visa is granted. 

I'm aware that I would be granted a Bridging Visa A which does not allow me to exit Australia but will BVA be granted ONLY after my student visa expires? If so, does this mean I can only work 40 hours max per fortnight even though I've graduated but am still on my student visa? 

Your advise would be greatly appreciated. 

Regards, Ryan.


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## PrettyIsotonic (Nov 30, 2016)

BVA will be granted immediately (you will get an email) upon submitting your online application for the 485 visa. However, the BVA will only take effect after your student visa expires - so technically you can still travel till your student visa expires. 

Also, since the 40 hours max per fortnight condition is only applicable while your course is in session, since you have graduated, it does not apply to you anymore; you can hence work unlimited hours.


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