Australia Forum banner
Status
Not open for further replies.
1 - 20 of 21 Posts

·
Registered
Joined
·
10 Posts
Discussion Starter · #1 ·
Hi guys!
I over stayed my PMV by two working days. *idiot I know ? -I mixed up the dates.
As a consequence, I can't travel or work and am on a BVC while I wait for my 820/801 to be assessed. I really want to keep working..i have applied for work rights 1005 as dont want to waste my career not practicing (medical / rehab field) for up to two years. I cant claim financial hardship as we have a small amount saved and was just wondering has anyone ever had work rights added dur to potential loss of career?
My husband has a 7 year old child to give financial assistance to.
Also, our form application check list didnt mention a form 80 so we never included one..we did complete the 40Sp and 475p and 2x 888 forms. I did apply for 1005 for work rights but not sure it will succeed. Also, do you think I should start compiling Section 3 documents..I don't think that me thinking it was due a different date is a compelling enough reason unfortunately.
Thank you
 

·
Registered
Joined
·
7,023 Posts
You certainly stuffed up mate!

I think you just threw away your $7,000 on the PMV, you can not apply (another $7,000) for a 820 without meeting schedule 3.

You seriously need a bloody good RMA.
 

·
Premium Member
Joined
·
6,612 Posts
Schedule 3 criteria aside ( there are plenty of posts on the subject and it is best to be prepared) , maintaining your professional skills and the potential contribution you can make to Australia in your professional field could maybe be used as an additional argument for work rights.

Form 80 is not always required. You can always do one up and wait until they ask for it.
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #5 ·
Thanks guys..

CCMS - it is a career on the Skilled Migrant List..hopefully that helps. I'd also loose accreditation (with the association that regulates the profession for not be able to prove continual professional practice) so again I guess I just wait and see the outcome of the 1005 application.
 

·
Registered
Joined
·
7,023 Posts
You might find it is not a valid application (as the PMV was expired) and that $1450 will then be returned.

I strongly recommend consulting with a good RMA such as CCMS.
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #7 ·
Really? I went into Australian Government visa office in Brisbane City and was with a consultant there for over an hour as he tried to figure out what was best for me and my siruation and speaking to his colleagues that's what they said was the best option and processed the payment then. However, he was in the overstayed visa section and not part of the partner processing team on the next floor up (that's what he said). Oh man..I am even more so worried now...
 

·
Registered
Joined
·
7,023 Posts
The best advice I can give you is never take advice from Immigration staff, believe it or not they are not qualified to give advice.

But they often do and often get it wrong, but they are not accountable or responsible for getting it wrong - even if in writing. They have ruined many lives.

Only RMA's are qualified to give advice.
 

·
Premium Member
Joined
·
6,612 Posts
You might find it is not a valid application (as the PMV was expired) and that $1450 will then be returned.
.
That has nothing to do with schedule 1 requirements for lodging a valid sc. 820/801 application. There is in fact a slightly higher charge for those situations ( $ 1480.00 instead of $ 1170.00).

Furthermore schedule 2 lists as a time of application requirement the following:

(5) An applicant meets the requirements of this subclause if:
(a) the applicant is not the holder of a substantive visa; and
(b) the applicant last entered Australia as the holder of a Subclass 300 (Prospective Marriage) visa; and
(c) the applicant has married the Australian citizen, Australian permanent resident or eligible New Zealand citizen whom the applicant entered Australia to marry; and
(d) the applicant ceased to hold a substantive visa after marrying that Australian citizen, Australian permanent resident or eligible New Zealand citizen;


My main concern would be getting a waiver for criteria 3004.

You would have received an acknowledgement letter,if the application has been validly made and I can't see any reason why it would not have been.
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #11 ·
Thank you for your advice. It is very much appreciated. When do you apply for the Section 3 waiver? I'm a bit confused..please excuse my ignorance
 

·
Premium Member
Joined
·
6,612 Posts
Also- CCMS I did receive two email. One to confirm my partner 820/801 has been lodged and the second to confirm I am now on a BVC.
Sounds like that is all in order then.

If you are subject to schedule 3 criteria you usually receive an invitation to provide further information quite early on, so it is best to prepare yourself as soon as possible.

There was another poster on this forum a while ago who successfully overcame the schedule 3 issues, although no 2 situations are the same of course.
 

·
Registered
Joined
·
1,124 Posts
Sounds like that is all in order then.

If you are subject to schedule 3 criteria you usually receive an invitation to provide further information quite early on, so it is best to prepare yourself as soon as possible.

There was another poster on this forum a while ago who successfully overcame the schedule 3 issues, although no 2 situations are the same of course.
That was me. We were able to meet the Schedule 3 criteria and had it all ready when we submitted the 820 application. Even then, we were not sure if it would be accepted. I HIGHLY recommend you work with an RMA. CCMS (Nick) who replied to you is awesome! I know from personal experience. ;)
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #15 ·
Hi again,

Thanks for your response. I appreciate your help.

May I ask CCNS- who processes the 1005 application? Would it be the partner team for my application?
Is it unrealistic to think I could contact them directly and advise if I have a job offer (an occupation on the Medium and Long-term Strategic Skills List)? Or do you think that won't even matter to them?

Also, have you any idea what is the processing time for the 1005 application atm?

Thank you.
 

·
Premium Member
Joined
·
6,612 Posts
The Bridging Visa application would normally be processed by the same processing centre that is dealing with your partner visa application.

I don’t like your chances of contacting them directly and discussing your issues. You should address the reason for wanting work rights in the actual application.

No idea about processing times for cases like this.
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #17 ·
Thanks CCMS

I did address the reasons when I sent it in. I just thought it could be an additional reason to add now if I have a job offer.
I know I'm probably being unrealistic..I guess I'm just hoping so much for it to work out that it crossed my mind.

Thanks for replying.
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #18 ·
Hi guys, just a update..
I got asked to submit more evidence to work rights on a bridging visa C. I sent everything from bills to banl statements and a chart of all our outgoing payments and my partners incoming wages etc.

I then got a call from immigration to say the were not even looking at my bridging visa (and trying to assess if I could get work rights on it) and they were now looking at just granting my 820 depending on whether I could get form 80 filled in and sent back and a complete police check. I did them as fast as I could and just got my police check back yesterday and emailed it last night and got an email to say I got my 820 granted and now have work rights and travel rights back.
I can barely believe it. Soooo relieved.

Anyway just wanted to say thanks for your previous help & advice. I appreciate it.

:)
 

·
Registered
Joined
·
2 Posts
Hi guys!
I over stayed my PMV by two working days. *idiot I know ? -I mixed up the dates.
As a consequence, I can't travel or work and am on a BVC while I wait for my 820/801 to be assessed. I really want to keep working..i have applied for work rights 1005 as dont want to waste my career not practicing (medical / rehab field) for up to two years. I cant claim financial hardship as we have a small amount saved and was just wondering has anyone ever had work rights added dur to potential loss of career?
My husband has a 7 year old child to give financial assistance to.
Also, our form application check list didnt mention a form 80 so we never included one..we did complete the 40Sp and 475p and 2x 888 forms. I did apply for 1005 for work rights but not sure it will succeed. Also, do you think I should start compiling Section 3 documents..I don't think that me thinking it was due a different date is a compelling enough reason unfortunately.
Thank you
I'm in a similar situation, what ended up happening with yours?
 

·
Registered
Joined
·
10 Posts
Discussion Starter · #20 ·
Hi Maddie,
It worked out ok in the end. I actually had all the application form fully completed on the day i went in (even though it was 2 days late). This wasnt accepted at the time and was told my only option was to try to get work rights on the bridging visa C. After i completed all the forms and scrambled to collect more evidence for the bridging visa application & posted that in, i was later asked for more evidence to prove that i would be in financial difficulty if i cant work etc) and then eventually when all that was sent in I got a call to say they were no longer looking at the bridging visa and were just going to look at processing the original application. Unbelievably at the time, this eventuated and i was granted the partner visa and am back working now. I just have to wait another two years for them to contact me to check (when im asked to submit more proof for the second part of the Visa) that im still with my husband and if thats approved hopefully the next step is residency. It was such an unbelievably stressful and worrying time over those few months so i know how you are probably feeling. I hope it goes well for you too.
 
1 - 20 of 21 Posts
Status
Not open for further replies.
Top